2015 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 21. SOLID WASTE MANAGEMENT DISTRICTS
CHAPTER 13. DISTRICT FINAL DISPOSAL FEES
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IC 13-21-13
Chapter 13. District Final Disposal Fees
IC 13-21-13-1
Fees for disposal in facilities within the district; penalties
Sec. 1. (a) A board may impose fees on the disposal of solid waste
in a final disposal facility located within the district. A fee imposed
by a board in a county with a population of more than one hundred
eleven thousand (111,000) but less than one hundred fifteen thousand
(115,000) under this section may not exceed two dollars and fifty
cents ($2.50) a ton. A fee imposed by a board in other counties under
this section may not exceed:
(1) two dollars and fifty cents ($2.50) a ton; or
(2) the amount of a fee imposed by the board;
(A) under this section; and
(B) in effect on January 1, 1993;
whichever is greater.
(b) The board shall do the following:
(1) Set the amount of fees imposed under this section after a
public hearing.
(2) Give public notice of the hearing.
(c) If solid waste has been subject to a district fee under this
section, the total amount of the fee that was paid shall be credited
against a district fee to which the solid waste may later be subject
under this section.
(d) Except as provided in section 4 of this chapter, fees imposed
under this chapter shall be imposed uniformly on public facilities and
on privately owned or operated facilities throughout the district.
(e) A resolution adopted by a board that establishes fees under this
chapter may contain a provision that authorizes the board to impose
a penalty of not more than five hundred dollars ($500) per day
because of:
(1) nonpayment of fees; or
(2) noncompliance with a condition in the resolution.
(f) A board may not impose fees for material used as alternate
daily cover pursuant to a permit issued by the department under 329
IAC 10-20-13.
As added by P.L.1-1996, SEC.11. Amended by P.L.45-1997, SEC.15;
P.L.170-2002, SEC.91; P.L.119-2012, SEC.118.
IC 13-21-13-2
District solid waste management fund
Sec. 2. (a) A board that has imposed fees under section 1 of this
chapter shall establish and continuously maintain a separate fund
under this section to be known as the "______________ district solid
waste management fund".
(b) All fees remitted to the district under section 1 of this chapter
shall be deposited in the fund.
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(c) Money in the fund may be used only for the following
purposes:
(1) To pay expenses of administering the fund.
(2) To pay costs associated with the development and
implementation of the district plan.
(d) The controller of the district shall administer a fund established
under this section. Money in the fund that is not currently needed for
the purposes set forth in subsection (c) shall be deposited and
invested in the same manner as other county money is deposited and
invested under IC 5-13. Interest that accrues from these investments
shall be deposited in the fund. Money in the fund at the end of a
district's fiscal year does not revert to:
(1) a county general fund; or
(2) any other fund.
(e) The controller of a district shall:
(1) file an individual surety bond; or
(2) revise an existing bond;
in a sufficient amount determined under IC 5-4-1-18 to reflect the
liability associated with the handling of the district's money.
As added by P.L.1-1996, SEC.11. Amended by P.L.214-2005,
SEC.59.
IC 13-21-13-3
Collection; compensation; time limit on remittance; report
Sec. 3. (a) If a board imposes a fee under section 1 of this chapter,
the owner or operator of a final disposal facility located within the
district is responsible for collecting fees from persons delivering solid
waste to the facility. Each owner or operator may do the following:
(1) Deduct from the fees an amount equal to one percent (1%)
of the fees collected.
(2) Retain this amount as compensation for collecting and
remitting the fees.
(b) The owner or operator shall remit the remainder of the fees the
owner or operator collects during a month to the controller not later
than ten (10) days after the last day of the month in which the fees are
collected.
(c) Each owner or operator of a final disposal facility shall, at the
time the collected fees are remitted, furnish to the controller a fee
collection report.
As added by P.L.1-1996, SEC.11.
IC 13-21-13-4
Limitation on imposition
Sec. 4. A board may not impose a fee under this chapter on the
disposal of solid waste by a person that:
(1) generated the solid waste; and
(2) disposes of the solid waste at a site that is:
(A) owned by that person; and
(B) limited, for purposes of the disposal of solid waste, to
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use by the person for the disposal of solid waste generated by
the person.
As added by P.L.1-1996, SEC.11.
IC 13-21-13-5
Fee collection; determination of weight of solid waste
Sec. 5. (a) If fees imposed under section 1 of this chapter are based
and charged on each ton of solid waste, the owner or operator of a
final disposal facility that:
(1) annually receives, on the average, less than two hundred
(200) tons of solid waste each day; and
(2) does not have a scale suitable for weighing the solid waste
received at the final disposal facility;
may determine the weight of the solid waste received by conversion
from the volume of the solid waste.
(b) An owner or operator described in subsection (a) shall apply
the following conversion factors:
(1) Three and three-tenths (3.3) cubic yards of compacted solid
waste equals one (1) ton of solid waste.
(2) Six (6) cubic yards of uncompacted solid waste equals one
(1) ton of solid waste.
As added by P.L.1-1996, SEC.11.
IC 13-21-13-6
Fees not revenues
Sec. 6. Fees prescribed by this chapter are not:
(1) revenues (as defined in IC 36-9-31-2) of a facility (as
defined in IC 36-9-31-2); or
(2) revenues under:
(A) IC 8-1.5;
(B) IC 13-21-3-13;
(C) IC 13-21-7 through IC 13-21-12;
(D) IC 13-21-14; or
(E) IC 36-9-30.
As added by P.L.1-1996, SEC.11.
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