2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 22. HAZARDOUS WASTE MANAGEMENT
CHAPTER 12. HAZARDOUS WASTE FEES
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<![CDATA[IC 13-22-12
Chapter 12. Hazardous Waste Fees
IC 13-22-12-1
Establishment
Sec. 1. Notwithstanding the fees established under IC 13-16-1, the
hazardous waste:
(1) permit application fees;
(2) annual operation fees;
(3) prices for purchasing manifests; and
(4) disposal fees;
provided for in this chapter are established.
As added by P.L.1-1996, SEC.12. Amended by P.L.220-2014,
SEC.22.
IC 13-22-12-2
Fee schedule; application fees
Sec. 2. For hazardous waste, the application fees are as follows:
New Permit Application
Fee
Land Disposal
$40,600
Incinerator (per unit)
$21,700
Storage
$23,800
Treatment
$23,800
Permit Renewal or
Class 3 Modification
Land Disposal
$34,000
Incinerator
$21,700
Storage
$17,200
Treatment
$17,200
Class 2 Modification
Class 2 Modification
$ 2,250
As added by P.L.1-1996, SEC.12.
IC 13-22-12-3
Fee schedule; annual operation fees
Sec. 3. For hazardous waste, the annual operation fees are as
follows:
Fee
Land Disposal
$37,500
Incinerator (per unit)
$10,000
Storage
$ 2,500
Treatment
$10,000
Generator
$ 1,565
Postclosure Activity
$ 1,500
Groundwater Compliance
Sampling at active
facilities (per well)
$ 1,000
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As added by P.L.1-1996, SEC.12.
IC 13-22-12-3.5
Fees for disposal of hazardous waste
Sec. 3.5. (a) For the disposal of hazardous waste in Indiana, the
fees are as follows:
(1) For hazardous waste disposed of in a disposal facility,
eleven dollars and fifty cents ($11.50) per ton. If hazardous
waste is mixed with or dissolved or suspended in water or
another liquid at the time it is disposed of in a disposal facility,
the entire mixture, solution, or suspension disposed of is
considered hazardous waste disposed of in a disposal facility
for the purposes of this subdivision.
(2) For hazardous waste disposed of by underground injection,
eleven dollars and fifty cents ($11.50) per ton. However, a
person required to pay disposal fees under this subdivision is
not liable for more than twenty-five thousand dollars ($25,000)
in disposal fees under this subdivision for all hazardous waste
disposed of by the person by underground injection in one (1)
calendar year.
(b) Fees imposed under subsection (a)(1) shall be paid by the
operator of the disposal facility at which the hazardous waste is
disposed of. For hazardous waste disposed of by underground
injection at a location other than a disposal facility, the fee imposed
on the disposal of the hazardous waste under subsection (a)(2) shall
be paid by the person disposing of the hazardous waste.
(c) Fees imposed under this section begin accruing on January 1
of each year. The fees that accrue under this section during a
calendar year shall be paid to the department on or before March 1
of the following year.
(d) The fees imposed under this section shall be based on the total
tonnage of hazardous waste disposed of. The fees do not apply to the
treatment or storage of hazardous waste in a disposal facility.
(e) The fees paid to the department under this section shall be
deposited and paid over as provided in section 3.6 of this chapter.
As added by P.L.220-2014, SEC.23. Amended by P.L.147-2015,
SEC.22.
IC 13-22-12-3.6
Hazardous waste disposal fee revenue; deposit in hazardous
substances response trust fund; county fund
Sec. 3.6. (a) The fees collected under section 3.5 of this chapter
upon the disposal of a quantity of hazardous waste shall be deposited
and paid over as follows:
(1) Seventy-five percent (75%) shall be deposited in the
hazardous substances response trust fund established by
IC 13-25-4-1.
(2) Twenty-five percent (25%) shall be paid over to the county
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in which the hazardous waste is disposed of.
(b) Except as provided in subsection (e), and subject to
subsections (f) and (g), the revenue paid over to the county under
subsection (a)(2) shall be deposited in a separate fund established by
the county for the purposes of the following:
(1) Establishing monitoring wells on land near the site of the
disposal facility.
(2) Analyzing samples from the monitoring wells established
under subdivision (1).
(3) Conducting other types of testing and surveillance for
hazardous waste contamination of land near the disposal
facility.
(4) Providing training for county and local public health and
public safety officers in the proper procedures for dealing with
emergencies involving hazardous substances or hazardous
waste.
(5) Providing special clothing and equipment needed by county
and local public health and public safety officers for dealing
with emergencies involving hazardous substances or hazardous
waste.
(6) Funding research on alternatives to land disposal as a means
of eliminating hazardous waste.
(7) Paying the cost of hazardous waste, hazardous substance, or
solid waste removal and remedial action at a site located within
the county.
(8) Meeting the county's requirements under IC 13-21 for the
planning and implementation of a solid waste management
district plan.
(9) Paying the costs associated with the construction or
rehabilitation of a facility used for training described in
subdivision (4).
(10) Paying the costs associated with any other project that has
identifiable environmental benefits.
(11) Paying the costs associated with the construction,
structural rehabilitation, and equipment of a facility used for
either of the following purposes:
(A) A county public safety central dispatch.
(B) A county emergency operations center.
(12) Paying costs associated with the maintenance or repair of
county roads.
(13) Paying for the costs of county ambulance service.
(c) The county fund established under subsection (b) shall be
administered by the county treasurer, and the expenses of
administering the fund shall be paid from money in the fund. Money
in the fund not currently needed to meet the obligations of the fund
may be invested in the same manner as other public funds may be
invested. Interest that accrues from these investments shall be
deposited in the fund. Money in the fund at the end of a particular
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fiscal year does not revert to the county general fund.
(d) No money in the county fund established under subsection (b)
shall be used for activities authorized in subsection (b)(8) or (b)(9)
until the purposes listed in subsection (b)(1) through (b)(7) have
been fulfilled.
(e) Subsection (b)(9), (b)(10), and (b)(11) do not apply to a county
having a population of more than three hundred thousand (300,000)
but less than four hundred thousand (400,000).
(f) The county may not pay from the county fund established
under subsection (b) in a calendar year for the purposes set forth in
subsection (b)(11) an amount that exceeds ten percent (10%) of the
balance in the fund as of January 1 of that calendar year.
(g) If a county expends money in the county fund established
under subsection (b) for the maintenance or repair of county roads,
the county may not annually expend more than ten percent (10%) of
the balance in the fund (as determined on January 1 of the calendar
year in which the expenditures are made) for those purposes.
(h) A fund established by a county under IC 6-6-6.6-3 before its
repeal:
(1) satisfies the requirement of subsection (b) that a county
establish a fund;
(2) shall be administered under subsection (c); and
(3) is in all other respects subject to this section.
(i) Money deposited in a fund established by a county under
IC 6-6-6.6-3 before its repeal:
(1) may remain in the fund; and
(2) may be used for the purposes set forth in subsection (b),
subject to subsections (d) through (g);
notwithstanding the repeal of IC 6-6-6.6-3.
As added by P.L.220-2014, SEC.24.
IC 13-22-12-4
Repealed
(As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000,
SEC.8.)
IC 13-22-12-5
Remittance of fee required; denial of permit
Sec. 5. (a) When a person files a hazardous waste permit
application with the department, the person must remit an application
fee to the department.
(b) If a person does not remit an application fee to the department,
the department shall deny the person's application.
As added by P.L.1-1996, SEC.12.
IC 13-22-12-6
Accrual of annual operation fees
Sec. 6. Hazardous waste annual operation fees begin accruing
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January 1 each year. The department shall assess the fees not later
than January 15 of that year.
As added by P.L.1-1996, SEC.12.
IC 13-22-12-7
Remittance of fees or installments
Sec. 7. A person must remit a hazardous waste annual operation fee
or an installment established by the department under IC 13-16-2 to
the department not more than thirty (30) days after the date the fee
is assessed or on the date the installment is due.
As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.6;
P.L.2-1997, SEC.46.
IC 13-22-12-8
Delinquency charge; revocation of permit
Sec. 8. (a) In addition to the penalties described under:
(1) IC 13-30-4-1;
(2) IC 13-30-4-2; and
(3) IC 13-30-5-1;
if a person does not remit a hazardous waste annual operation fee or
an installment established by the department under section 14 of this
chapter not more than sixty (60) days after the date the fee is
assessed or not more than thirty (30) days after the date the
installment is due, the person shall be assessed a delinquency charge
equal to ten percent (10%) of the hazardous waste annual operation
fee or ten percent (10%) of the installment, whichever is applicable.
The delinquency charge is due and payable sixty (60) days after the
date the hazardous waste annual operation fee is assessed or thirty
(30) days after the date the installment is due.
(b) If a person does not remit a hazardous waste annual operation
fee or an installment established by the department under IC 13-16-2
and any applicable delinquency charge not more than ninety (90)
days after the date the hazardous waste annual operation fee is
assessed or not more than sixty (60) days after the date the
installment is due, the department may revoke the person's permit.
However, before the department may revoke the permit:
(1) not earlier than sixty (60) days after the date the hazardous
waste annual operation fee is assessed or not earlier than thirty
(30) days after the date an installment is due; and
(2) not later than thirty (30) days before the department revokes
the permit;
the department must deliver a written notice to the person that
describes what fees and delinquency charges are due and that
indicates that the department may revoke the person's permit for
nonpayment after thirty (30) days.
As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.7;
P.L.2-1997, SEC.47.
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IC 13-22-12-9
Annual operation fees; applicability
Sec. 9. Annual operation fees established under this chapter apply
to facilities that:
(1) have received a permit from the department; or
(2) are operating under interim status or otherwise manage
hazardous waste subject to regulation under the following:
(A) IC 13-22-2 through IC 13-22-8.
(B) IC 13-22-13 through IC 13-22-14.
As added by P.L.1-1996, SEC.12.
IC 13-22-12-10
Annual operation fees; requirement under certain circumstances
Sec. 10. Regardless of a person's rate of generation, a person must
pay a generator annual operation fee if the person accumulates more
than:
(1) six thousand (6,000) kilograms of hazardous waste; or
(2) one (1) kilogram of acutely toxic waste;
onsite at any time during a year.
As added by P.L.1-1996, SEC.12.
IC 13-22-12-11
Groundwater compliance sampling fees
Sec. 11. Groundwater compliance sampling fees established under
this chapter apply to groundwater monitoring wells in existence at an
operating land disposal facility at the time an annual operation fee
concerning the land disposal facility is assessed.
As added by P.L.1-1996, SEC.12.
IC 13-22-12-12
Payment of all fees by person or facility in multiple fee categories
Sec. 12. A person or facility that is described in more than one (1)
category under this chapter must pay all applicable fees.
As added by P.L.1-1996, SEC.12.
IC 13-22-12-13
Payment and deposit of fees and delinquency charges
Sec. 13. Except for the hazardous waste disposal fee collected
under section 3.5 of this chapter, the fees and delinquency charges
collected under this chapter:
(1) are payable to the department; and
(2) shall be deposited in the environmental management permit
operation fund established by IC 13-15-11-1.
As added by P.L.1-1996, SEC.12. Amended by P.L.220-2014,
SEC.25.
IC 13-22-12-14
Repealed
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(Repealed by P.L.2-1997, SEC.89.)
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