2016 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 20. SOLID WASTE MANAGEMENT CHAPTER 20. HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM
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IC 13-20-20
Chapter 20. Household Hazardous Waste Grant Program
IC 13-20-20-1
Grants; funding; joint efforts of units and districts
Sec. 1. (a) The department shall provide financial assistance to
units and districts through matching grants awarded under this
chapter for projects involving the collection, recycling, or disposal
of household hazardous waste and conditionally exempt small
quantity generator waste.
(b) Grants awarded under this chapter shall be funded:
(1) from the hazardous substances response trust fund
established by IC 13-25-4-1 if money is available under
IC 13-25-4-4; and
(2) from the solid waste management fund established by
IC 13-20-22-2.
(c) Units and districts may join in any combination for the
purposes of the following:
(1) Implementing a project.
(2) Applying for a grant under this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.3.
IC 13-20-20-2
Awarding grant; grounds
Sec. 2. A grant may be awarded under this chapter to a unit or
district that has developed a household hazardous waste or
conditionally exempt small quantity generator waste collection,
recycling, or disposal project that does the following:
(1) Provides educational literature describing the hazards
associated with household hazardous waste and conditionally
exempt small quantity generator waste.
(2) Uses a licensed hazardous waste service to:
(A) collect;
(B) handle;
(C) pack;
(D) transport; or
(E) dispose of;
collected household hazardous waste and conditionally exempt
small quantity generator waste.
(3) Allows and encourages participation from all households
within a designated household hazardous waste or conditionally
exempt small quantity generator waste collection area that is
specified in the grant application.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.4.
IC 13-20-20-3
Grant application; forms; contents
Sec. 3. (a) After a grant applicant has developed a plan under
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section 2 of this chapter, the applicant may apply for a grant under
this chapter on forms prepared and supplied by the department.
(b) A grant application must include the following:
(1) A statement describing a project's scope of activities and
objectives that identifies persons responsible for project
planning, coordination, and implementation.
(2) A map specifying the area to be served by the project that
includes the locations of household hazardous waste and
conditionally exempt small quantity generator waste collection
sites.
(3) A description of proposed information and educational
activities designed to inform households of the opportunity to
participate in the project.
(4) A description of safety and security measures that will be
implemented during the project.
(5) A budget showing all estimated project costs that includes
ineligible project costs and eligible project costs as described
under section 4 of this chapter.
(6) A resolution by the legislative body (as defined in
IC 36-1-2-9) of a unit or the board of directors of a district
involved in the project that does the following:
(A) Authorizes the project and the grant application.
(B) Expresses the specific intent to carry out all proposed
project activities described in the grant application.
(C) Allows department employees to have access to and
inspect proposed household hazardous waste and
conditionally exempt small quantity generator waste
collection sites involved in the project.
(D) Commits the applicant to do the following:
(i) Maintain appropriate records that document all
expenditures made during the project.
(ii) Submit to the department a final report describing all
project activities, achievements, and problems that
compares the actual project to the objectives and activities
proposed in the grant application, including samples of all
informational and educational brochures prepared and
distributed and data on the household participation rates,
waste quantities collected by category, documentation of
all costs, and recommendations for project improvements.
(E) Contains a timetable for completion of the project that:
(i) does not exceed twenty-four (24) months; and
(ii) includes anticipated dates of information and
educational activities, waste collection, and submission of
final reports.
(F) Commits the applicant to provide all funding required to
implement and administer the project, not including the
grant award.
(G) Commits the applicant to develop a proposed plan for a
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permanent household hazardous waste or conditionally
exempt small quantity generator waste program that includes
sources of funding and a timetable for implementation.
(H) Commits the applicant to develop a proposed plan for a
permanent household hazardous product program designed
to educate the public as to nonhazardous and nontoxic
substitutes for hazardous household products.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.5.
IC 13-20-20-4
Project costs
Sec. 4. (a) Estimated project costs submitted under section 3(b)(5)
of this chapter must include the following:
(1) Eligible project costs.
(2) Ineligible project costs.
(b) Project costs that are ineligible for grant funding may not be
used to fulfill a grantee's match requirement. A grantee is responsible
for all project costs except the costs funded by a grant.
(c) Ineligible project costs include the following:
(1) Costs incurred before the approval of a grant.
(2) Costs incurred more than twenty-four (24) months after a
grant has been accepted.
(3) Costs incurred by a grantee that exceed original estimated
eligible project costs indicated in a grant application.
(4) Other costs that are not specifically related to a project as
determined by the department.
(d) Eligible project costs may be:
(1) used to fulfill the grantee's match requirement; and
(2) funded by the grant.
(e) Project costs that are not ineligible under subsection (c) are
eligible project costs for purposes of subsection (d).
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.6.
IC 13-20-20-5
Amount of grant; matching contributions
Sec. 5. A grant awarded under this chapter:
(1) may not exceed fifty percent (50%) of the total eligible costs
estimated in a grant application; and
(2) must be matched by an applicant's financial or in kind
contributions.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-6
Payment of grant
Sec. 6. (a) When a grantee accepts a grant award, the department
shall pay the grantee seventy-five percent (75%) of the grant for the
project.
(b) The remaining twenty-five percent (25%) of the grant shall be
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paid to the grantee after the:
(1) grantee submits the final report to the department; and
(2) department has audited and approved in writing the final
expenditures.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-7
Documentation of expenditures; source of funds; unexpended grant
money
Sec. 7. (a) A grantee shall submit to the department
documentation of all project expenditures within:
(1) thirty (30) days after completion of the project; or
(2) twelve (12) months after the grant is awarded;
whichever occurs first.
(b) A grantee shall specify the source of money expended on a
project for both ineligible costs and eligible costs.
(c) Unexpended grant money shall be returned to the hazardous
substances trust fund within sixty (60) days after the department has:
(1) completed the department's final audit of project
expenditures; and
(2) notified the grantee, in writing, of the unexpended amount.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-8
Priority of grant applications
Sec. 8. (a) In determining the priority of grant applications under
this chapter, the department shall first consider an applicant's
demonstrated commitment to an annual household hazardous waste
or conditionally exempt small quantity generator waste collection,
recycling, or disposal project. The department shall consider
evidence of the following in making the department's determination
under this subsection:
(1) A resolution by the applicant that the applicable community
is committed to undertaking annual action to promote the
proper collection, recycling, or disposal of household hazardous
waste or conditionally exempt small quantity generator waste.
(2) An educational project sponsored by the applicant
concerning the potential dangers associated with household
hazardous waste or conditionally exempt small quantity
generator waste, including instructions for the proper methods
of handling, storage, recycling, or disposal of household
hazardous waste or conditionally exempt small quantity
generator waste.
(3) Sponsorship or participation in other projects that relate to
the collection, recycling, or disposal of household hazardous
waste or conditionally exempt small quantity generator waste,
including projects developed or sponsored by civic
organizations or private foundations.
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(4) An educational project by the applicant concerning
nonhazardous and nontoxic substitutes for hazardous household
products.
(b) If the department determines that one (1) or more applicants
demonstrate substantially similar commitment levels under
subsection (a), the department shall give priority to the application
the department received first.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.7.
IC 13-20-20-9
Application for multiple grants; reapplication by previous
recipient
Sec. 9. (a) A unit or district may apply for more than one (1) grant
under this chapter.
(b) A previous grant recipient under this chapter may reapply for
additional grants within the same year only if money is available to
the department after awarding grants to all other eligible applicants.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-10
Exemptions
Sec. 10. (a) A grant applicant may request an exemption from a
requirement under this chapter by submitting a written request to the
department.
(b) A request filed under this section must contain a detailed
description of the basis for a requested exemption.
(c) The department shall review an exemption request with regard
to:
(1) a potential nuisance;
(2) a hazard to public health or safety; or
(3) estimated degradation of the environment;
involved in the exemption request.
(d) An exemption granted by the department must:
(1) be in writing; and
(2) clearly state the reasons for the exemption.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-11
Termination of grant
Sec. 11. (a) The department may terminate a grant awarded under
this chapter if the department determines that there:
(1) has been no sustained progress in meeting a timetable
established in section 3(b)(6)(E) of this chapter;
(2) is substantial evidence that a grant was obtained by fraud;
or
(3) is substantial evidence of gross abuse or corrupt practices in
the administration or implementation of a project.
(b) If the department terminates a grant, the grantee shall return
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the full amount of the grant received.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-12
Annual report
Sec. 12. (a) Before February 1 of each year, the department shall
submit an annual report to the:
(1) governor;
(2) legislative council; and
(3) budget director.
A report submitted under this subsection to the legislative council
must be in an electronic format under IC 5-14-6.
(b) The report must contain the following:
(1) A description of each project funded through grants under
this chapter.
(2) A statement of the total amount of money that the
department expends through grants under this chapter during
the immediately preceding year.
(3) An estimate of the amount of money that is required to meet
the eligible grant requests for the current year.
(4) Proposals of recommendations for any changes, in funding
or otherwise, to the grant project.
As added by P.L.1-1996, SEC.10. Amended by P.L.28-2004,
SEC.123.
IC 13-20-20-13
Rules
Sec. 13. The board may adopt rules under this chapter in
accordance with IC 4-22-2 and IC 13-14-9.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.8.
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