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 byany of the following:
        (1) The air pollution control board.
        (2) The water pollution control board.
        (3) The solid waste management board.
As added by P.L.1-1996, SEC.6.

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, a boardshall:
        (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 connectionwith the supervision, review, and other necessary activitiesrelated to the area involved;
            (C) the cost of the surveillance of the activity or propertycovered by the license or permit; and
            (D) fees charged for equivalent permits or licenses in otherstates.
As added by P.L.1-1996, SEC.6.

IC 13-16-1-3
Basis for fees
    Sec. 3. A fee established by one (1) of the boards under thischapter for a type or class of permit may be based on the average ofthe costs specified in section 2 of this chapter for all permits of thattype or class.
As added by P.L.1-1996, SEC.6.

IC 13-16-1-4
Review and revision of fees
    Sec. 4. The boards shall periodically review the fees establishedunder this chapter. A board may change the amount of a fee if theboard determines, based upon the factors set forth in section 2 of thischapter, that the amount of the fee is not appropriate.
As added by P.L.1-1996, SEC.6.

IC 13-16-1-5
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 whenthe 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 orany other law, a board or the department may not do any of thefollowing:
        (1) Except as provided in section 7 of this chapter, change a feeestablished 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 January1, 1994, concerning the following:
            (A) National Pollutant Discharge Elimination Systemprograms.
            (B) Solid waste programs.
            (C) Hazardous waste programs.
        (3) Require payment of a fee for material used as alternate dailycover pursuant to a permit issued by the department under 329IAC 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.

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 themoney in the environmental management permit operation fundestablished under IC 13-15-11 and make the following adjustments:
        (1) If the balance of the fund collected under IC 13-18-20, onceobligated expenditures are subtracted from the balance, exceedstwo million five hundred thousand dollars ($2,500,000) as ofJuly 1 each year, the commissioner shall adjust the annual feeschedule to bill an amount, in the aggregate, equivalent to thefee schedule amount, less the excess over two million fivehundred thousand dollars ($2,500,000). Adjustments to theindividual bills must be proportional to the applicable feedivided by the total amount required by all the applicable fees.Adjustments to the annual fees apply only to the nextassessment year and then revert to the amounts establishedunder IC 13-18-20.
        (2) If the balance of the fund collected under IC 13-20-21, onceobligated expenditures are subtracted from the balance, exceedstwo million five hundred thousand dollars ($2,500,000) as ofJuly 1 each year, the commissioner shall adjust the annual feeschedule to bill an amount, in the aggregate, equivalent to thefee schedule amount, less the excess over two million five

hundred thousand dollars ($2,500,000). Adjustments to theindividual bills must be proportional to the applicable feedivided by the total amount required by all the applicable fees.Adjustments to the annual fees apply only to the nextassessment year and then revert to the amounts establishedunder IC 13-20-21.
        (3) If the balance of the fund collected under IC 13-22-12, onceobligated expenditures are subtracted from the balance, exceedstwo million five hundred thousand dollars ($2,500,000) as ofJuly 1 each year, the commissioner shall adjust the annual feeschedule to bill an amount, in the aggregate, equivalent to thefee schedule amount, less the excess over two million fivehundred thousand dollars ($2,500,000). Adjustments to theindividual bills must be proportional to the applicable feedivided by the total amount required by all the applicable fees.Adjustments to the annual fees apply only to the nextassessment year and then revert to the amounts establishedunder IC 13-22-12.
    (b) The appropriate board may adopt rules under IC 4-22-2 andIC 13-14-9 to adjust the amount of the fund balance at which thecommissioner is required to adjust individual bills under subsection(a)(1), (a)(2), or (a)(3). However, the amount of the fund balanceestablished by rule under this subsection may not exceed two millionfive hundred thousand dollars ($2,500,000).
As added by P.L.224-1999, SEC.8.