2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 16. FEES GENERALLY
CHAPTER 1. GENERAL PROVISIONS REGARDING ESTABLISHMENT OF FEES
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IC 13-16
ARTICLE 16. FEES GENERALLY
IC 13-16-1
Chapter 1. General Provisions Regarding Establishment of
Fees
IC 13-16-1-1
Applicability of chapter
Sec. 1. This chapter applies to fees established under this title by
the board.
As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012,
SEC.114.
IC 13-16-1-2
Board duties; factors to consider in establishing or revising fees
Sec. 2. To establish fees or change the amount of a fee, the board
shall:
(1) follow the procedure required for the adoption of rules; and
(2) take into account:
(A) the cost of the issuance of a permit or license;
(B) the cost of the performance of services in connection
with the supervision, review, and other necessary activities
related to the area involved;
(C) the cost of the surveillance of the activity or property
covered by the license or permit; and
(D) fees charged for equivalent permits or licenses in other
states.
As added by P.L.1-1996, SEC.6. Amended by P.L.113-2014, SEC.68.
IC 13-16-1-3
Basis for fees
Sec. 3. A fee established by the board under this chapter for a type
or class of permit may be based on the average of the costs specified
in section 2 of this chapter for all permits of that type or class.
As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012,
SEC.115.
IC 13-16-1-4
Review and revision of fees
Sec. 4. The board shall periodically review the fees established
under this chapter. The board may change the amount of a fee if the
board determines, based upon the factors set forth in section 2 of this
chapter, that the amount of the fee is not appropriate.
As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012,
SEC.116.
IC 13-16-1-5
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Environmental management special fund
Sec. 5. A fee established under this chapter shall be deposited in
the environmental management special fund under IC 13-14-12 when
the fee is collected.
As added by P.L.1-1996, SEC.6.
IC 13-16-1-6
Prohibitions
Sec. 6. Notwithstanding sections 1 through 5 of this chapter or
any other law, the board or the department may not do any of the
following:
(1) Except as provided in section 7 of this chapter, change a fee
established by:
(A) IC 13-18-20;
(B) IC 13-20-21; or
(C) IC 13-22-12.
(2) Establish an additional fee that was not in effect on January
1, 1994, concerning the following:
(A) National Pollutant Discharge Elimination System
programs.
(B) Solid waste programs.
(C) Hazardous waste programs.
(3) Require payment of a fee 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.6. Amended by P.L.45-1997, SEC.7;
P.L.224-1999, SEC.7; P.L.113-2014, SEC.69.
IC 13-16-1-7
Adjustments to environmental management permit operation fund
Sec. 7. (a) Before billing a person under IC 13-18-20,
IC 13-20-21, or IC 13-22-12, the commissioner shall review the
money in the environmental management permit operation fund
established under IC 13-15-11 and make the following adjustments:
(1) If the balance of the fund collected under IC 13-18-20, once
obligated expenditures are subtracted from the balance, exceeds
two million five hundred thousand dollars ($2,500,000) as of
July 1 each year, the commissioner shall adjust the annual fee
schedule to bill an amount, in the aggregate, equivalent to the
fee schedule amount, less the excess over two million five
hundred thousand dollars ($2,500,000). Adjustments to the
individual bills must be proportional to the applicable fee
divided by the total amount required by all the applicable fees.
Adjustments to the annual fees apply only to the next
assessment year and then revert to the amounts established
under IC 13-18-20.
(2) If the balance of the fund collected under IC 13-20-21, once
obligated expenditures are subtracted from the balance, exceeds
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two million five hundred thousand dollars ($2,500,000) as of
July 1 each year, the commissioner shall adjust the annual fee
schedule to bill an amount, in the aggregate, equivalent to the
fee schedule amount, less the excess over two million five
hundred thousand dollars ($2,500,000). Adjustments to the
individual bills must be proportional to the applicable fee
divided by the total amount required by all the applicable fees.
Adjustments to the annual fees apply only to the next
assessment year and then revert to the amounts established
under IC 13-20-21.
(3) If the balance of the fund collected under IC 13-22-12, once
obligated expenditures are subtracted from the balance, exceeds
two million five hundred thousand dollars ($2,500,000) as of
July 1 each year, the commissioner shall adjust the annual fee
schedule to bill an amount, in the aggregate, equivalent to the
fee schedule amount, less the excess over two million five
hundred thousand dollars ($2,500,000). Adjustments to the
individual bills must be proportional to the applicable fee
divided by the total amount required by all the applicable fees.
Adjustments to the annual fees apply only to the next
assessment year and then revert to the amounts established
under IC 13-22-12.
(b) The appropriate board may adopt rules under IC 4-22-2 and
IC 13-14-9 to adjust the amount of the fund balance at which the
commissioner is required to adjust individual bills under subsection
(a)(1), (a)(2), or (a)(3). However, the amount of the fund balance
established by rule under this subsection may not exceed two million
five hundred thousand dollars ($2,500,000).
As added by P.L.224-1999, SEC.8.
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