Offenses involving information

Sec. 1. (a) A person who knowingly or intentionally:

(1) makes a false material statement, representation, or certification in any form, notice, or report; or

(2) destroys, alters, conceals, withholds, or falsely certifies a record, report, plan or other document;

that is required to be filed or maintained under the terms of a permit issued by the department under IC 13-17 or IC 13-18 commits a Class B misdemeanor.

(b) A person who knowingly or intentionally tampers with, falsifies, or renders inaccurate or inoperative a recording or monitoring device or method, including the data gathered from the device or method, that is required to be maintained under a permit issued by the department under IC 13-17 or IC 13-18 commits a Class B misdemeanor.

(c) A person who knowingly or intentionally makes a false material statement or representation in any label, manifest, record, report, or other document that is required to be maintained or filed under a permit issued under IC 13-22 commits a Class B misdemeanor.

(d) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (a) or (b) shall be assessable as follows:

(1) For a person regulated under IC 13-17, a fine in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation, in accordance with the requirements of 40 CFR 70.11(a)(3).

(2) For a person regulated under IC 13-18, a fine in a maximum amount of not less than five thousand dollars ($5,000) per day per violation, in accordance with the requirements of 40 CFR 123.27(a)(3).

(e) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (c) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation, in accordance with the requirements of 40 CFR 271.16(a)(3).

(f) The penalties under this section apply regardless of whether a person uses electronic submissions or paper documents to accomplish the actions described in this section.

As added by P.L.137-2007, SEC.31. Amended by P.L.114-2008, SEC.25; P.L.181-2018, SEC.13.