2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 20. SOLID WASTE MANAGEMENT
CHAPTER 22. STATE SOLID WASTE MANAGEMENT FEES; STATE SOLID WASTE MANAGEMENT FUND
Download as PDF
<![CDATA[
IC 13-20-22
Chapter 22. State Solid Waste Management Fees; State Solid
Waste Management Fund
IC 13-20-22-1
Fee schedule; rules; deposit into funds; credit against subsequent
fee
Sec. 1. (a) A fee is imposed on the disposal or incineration of
solid waste in a final disposal facility in Indiana. Except as provided
in section 14 of this chapter, the amount of the fee is as follows:
(1) For solid waste generated in Indiana and delivered to a final
disposal facility in a motor vehicle having a registered gross
vehicle weight greater than nine thousand (9,000) pounds, fifty
cents ($0.50) a ton.
(2) For solid waste generated outside Indiana and delivered to
a final disposal facility in a motor vehicle having a registered
gross vehicle weight greater than nine thousand (9,000) pounds:
(A) fifty cents ($0.50) a ton; and
(B) if the board has adopted rules under subsection (c), an
additional amount imposed under the rules.
(3) For solid waste generated in Indiana or outside Indiana and
delivered to a final disposal facility in:
(A) a motor vehicle having a registered gross vehicle weight
of not more than nine thousand (9,000) pounds; or
(B) a passenger motor vehicle (as defined in IC 9-13-2-123);
fifty cents ($0.50) for each load delivered by the motor vehicle.
(b) The board may adopt rules to establish and impose a fee on the
disposal or incineration of solid waste that is:
(1) generated outside Indiana; and
(2) disposed of or incinerated in a final disposal facility in
Indiana.
If rules are adopted under this subsection, the fee shall be set at an
amount necessary to offset the costs incurred by the state or a county,
municipality, or township that can be attributed to the importation of
the solid waste into Indiana and the presence of the solid waste in
Indiana.
(c) Revenue from fees collected under subsection (a)(1) and
(a)(2)(A) shall be deposited in the state solid waste management fund
established by section 2 of this chapter. Revenue from fees collected
under subsection (a)(2)(B) shall be deposited in the hazardous
substances response trust fund established by IC 13-25-4-1, except
that any part of the revenue that the board finds is necessary to offset
costs incurred by counties, municipalities, and townships shall be
distributed to solid waste management districts pro rata on the basis
of the district's population.
(d) If solid waste has been subject to a fee under this section, the
total amount of the fee paid shall be credited against any other fee to
which the solid waste may later be subject under this section.
Indiana Code 2016
(e) A fee may not be imposed upon 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.10. Amended by P.L.45-1997, SEC.8;
P.L.2-1998, SEC.49; P.L.131-2006, SEC.10; P.L.220-2014, SEC.9.
IC 13-20-22-2
Establishment of solid waste management fund; purpose;
administration of fund; sources; investments
Sec. 2. (a) The state solid waste management fund is established
to provide money for the following:
(1) Programs that provide grants and loans that provide
education and promote the following:
(A) Recycling and the use of recycled materials.
(B) Waste reduction.
(C) Management of yard waste.
(2) Providing grants to implement household hazardous waste
source reduction or recycling projects.
(3) Providing grants for household hazardous waste and
conditionally exempting small quantity generator waste
collection, recycling, or disposal projects under IC 13-20-20.
(4) Payments by the department under IC 13-20-17.7-6.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The sources of money for the fund are the following:
(1) All fees deposited into the fund under section 12(2) of this
chapter.
(2) Accrued interest and other investment earnings of the fund.
(3) Appropriations made by the general assembly.
(4) Gifts and donations from any person to the fund.
(5) Civil penalties imposed under IC 13-30-4 for violations of
IC 13-20-17.7 and proceeds received following a criminal
conviction in connection with a violation of IC 13-20-17.7.
(6) Subject to subsection (f), assets assigned and other
contributions made by persons.
(7) Transfers from the Indiana recycling promotion and
assistance fund under IC 4-23-5.5-14(i).
(8) Money credited to the fund from the environmental
management special fund under IC 13-14-12-1(c).
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund resulting from assets assigned and other
contributions made under subsection (c)(6) may be used only by the
department of environmental management to make payments under
IC 13-20-17.7-6.
Indiana Code 2016
As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.9;
P.L.237-1999, SEC.9; P.L.170-2006, SEC.16; P.L.137-2007,
SEC.21.
IC 13-20-22-2.1
Policy on awarding of grants
Sec. 2.1. (a) The department shall adopt and make available a
policy concerning the award of grants under section 2 of this chapter.
(b) The policy must include the following considerations:
(1) No private sector services will be displaced if an equipment
grant is awarded.
(2) The economic need of the district must be a consideration
in awarding a grant.
As added by P.L.45-1997, SEC.10.
IC 13-20-22-3
Appropriation of money; approval of expenditures
Sec. 3. (a) There is annually appropriated to the fund, for the
purposes set forth in section 2(a) of this chapter, the amount of
money deposited in the fund from the sources set forth in section 2(c)
of this chapter.
(b) The governor and the budget agency must approve
expenditures from the fund under section 2(a) of this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-22-4
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
SEC.10.)
IC 13-20-22-5
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
SEC.11.)
IC 13-20-22-6
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
SEC.12.)
IC 13-20-22-7
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
SEC.13.)
IC 13-20-22-8
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
Indiana Code 2016
SEC.14.)
IC 13-20-22-9
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
SEC.15.)
IC 13-20-22-10
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
SEC.16.)
IC 13-20-22-11
Collection of state solid waste management fees; quarterly
remittance to the department with report
Sec. 11. (a) The owner or operator of a final disposal facility is
responsible for collecting the fees imposed under section 1 of this
chapter from persons delivering solid waste to that facility.
(b) Each owner or operator may:
(1) deduct from the fees an amount equal to one percent (1%)
of the fees collected; and
(2) retain this amount as compensation for collecting and
remitting the fees;
if the fees collected and the reports required under subsection (e) are
timely remitted and filed.
(c) If:
(1) the fees collected are remitted; or
(2) the required report is filed;
after the due date, the owner or operator shall remit all fees collected
to the department.
(d) The owner or operator shall remit the remainder of the fees
that the owner or operator collects during a quarter to the department
at the same time that reports are required to be filed under subsection
(e).
(e) The owner or operator of a final disposal facility shall file
quarterly reports with the department concerning the fees collected
under this section:
(1) on or before the fifteenth day of January, concerning the
fees collected during the preceding quarter consisting of the
months of October through December;
(2) on or before the fifteenth day of April, concerning the fees
collected during the preceding quarter consisting of the months
of January through March;
(3) on or before the fifteenth day of July, concerning the fees
collected during the preceding quarter consisting of the months
of April through June; and
(4) on or before the fifteenth day of October, concerning the
fees collected during the preceding quarter consisting of the
Indiana Code 2016
months of July through September.
An owner or operator shall submit the quarterly reports on forms
provided by the department.
As added by P.L.1-1996, SEC.10. Amended by P.L.220-2014,
SEC.17; P.L.147-2015, SEC.14.
IC 13-20-22-12
Deposits in funds
Sec. 12. Each month the department shall deposit the following:
(1) Not less than fifty percent (50%) of the revenue from the fee
imposed under section 1(a)(1) of this chapter into the Indiana
recycling promotion and assistance fund established in
IC 4-23-5.5-14.
(2) Not more than fifty percent (50%) of the revenue from the
fee imposed under section 1(a)(1) of this chapter into the fund.
(3) The revenue from the fee imposed under section 1(a)(2) of
this chapter into the hazardous substance response trust fund
established by IC 13-25-4-1.
As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.11;
P.L.2-1998, SEC.50; P.L.1-1999, SEC.39; P.L.220-2014, SEC.18.
IC 13-20-22-13
Limitation on imposition of fee
Sec. 13. A fee may not be imposed by the state under section 1 of
this chapter on the disposal of solid waste by a person who:
(1) generated the solid waste; and
(2) disposed of the solid waste at a site that is:
(A) owned by the person; and
(B) limited, for purposes of the disposal of solid waste, to
use by that person for the disposal of solid waste generated
by that person.
As added by P.L.1-1996, SEC.10.
IC 13-20-22-14
Contiguous governmental units; solid waste management
agreement; fee imposed
Sec. 14. If:
(1) the:
(A) county executive of the county; or
(B) board of directors of the district;
in which a final disposal facility is located has entered into an
agreement concerning solid waste management with a
governmental unit that is, or that is located within, a county that
is contiguous to Indiana but within another state; and
(2) the agreement provides for solid waste generated in that
governmental unit to be disposed of in the final disposal
facility;
the fee imposed under this chapter upon the disposal in the final
Indiana Code 2016
disposal facility of solid waste generated in that governmental unit
is the fee set forth in section 1(b)(1) of this chapter, not the fee set
forth in section 1(b)(2) of this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.2-1998, SEC.51;
P.L.1-1999, SEC.40.
IC 13-20-22-15
Fee collection; determination of weight of solid waste
Sec. 15. (a) For purposes of the collection of the fees imposed
under section 1 of this chapter, the owner or operator of a final
disposal facility that:
(1) 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) The owner or operator 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.10.
IC 13-20-22-16
Fees not revenues of facility
Sec. 16. 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.10.
IC 13-20-22-17
Repealed
(As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014,
SEC.19.)
IC 13-20-22-18
Election and exclusivity of remedies
Sec. 18. The remedies provided by this chapter are cumulative.
Action taken by the state may not be construed as an election to
pursue a remedy to the exclusion of other remedies.
Indiana Code 2016
As added by P.L.1-1996, SEC.10.
IC 13-20-22-19
Failure to remit collected solid waste disposal or incineration fees;
offense
Sec. 19. A person who knowingly or intentionally fails to pay the
fee to the department under section 11 of this chapter commits a
Level 6 felony.
As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013,
SEC.189; P.L.220-2014, SEC.20.
IC 13-20-22-20
Repealed
(As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013,
SEC.190. Repealed by P.L.220-2014, SEC.21.)
IC 13-20-22-21
Criminal penalty for application misstatement
Sec. 21. A person who, with intent to defraud, knowingly or
intentionally makes a material misstatement in connection with an
application for a loan or grant from the fund commits a Level 6
felony.
As added by P.L.137-2007, SEC.22. Amended by P.L.158-2013,
SEC.191.
Indiana Code 2016
]]>
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
