CHAPTER 20. HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM
IC 13-20-20
Chapter 20. Household Hazardous Waste Grant Program
IC 13-20-20-1
Grants; funding; joint efforts of units and districts
Sec. 1. (a) The department shall provide financial assistance tounits and districts through matching grants awarded under thischapter for projects involving the collection, recycling, or disposalof household hazardous waste and conditionally exempt smallquantity generator waste.
(b) Grants awarded under this chapter shall be funded:
(1) from the hazardous substances response trust fundestablished by IC 13-25-4-1 if money is available underIC 13-25-4-4; and
(2) from the solid waste management fund established byIC 13-20-22-2.
(c) Units and districts may join in any combination for thepurposes of the following:
(1) Implementing a project.
(2) Applying for a grant under this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.3.
IC 13-20-20-2
Awarding grant; grounds
Sec. 2. A grant may be awarded under this chapter to a unit ordistrict that has developed a household hazardous waste orconditionally exempt small quantity generator waste collection,recycling, or disposal project that does the following:
(1) Provides educational literature describing the hazardsassociated with household hazardous waste and conditionallyexempt small quantity generator waste.
(2) Uses a licensed hazardous waste service to:
(A) collect;
(B) handle;
(C) pack;
(D) transport; or
(E) dispose of;
collected household hazardous waste and conditionally exemptsmall quantity generator waste.
(3) Allows and encourages participation from all householdswithin a designated household hazardous waste or conditionallyexempt small quantity generator waste collection area that isspecified in the grant application.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.4.
IC 13-20-20-3
Grant application; forms; contents
Sec. 3. (a) After a grant applicant has developed a plan undersection 2 of this chapter, the applicant may apply for a grant underthis chapter on forms prepared and supplied by the department. (b) A grant application must include the following:
(1) A statement describing a project's scope of activities andobjectives that identifies persons responsible for projectplanning, coordination, and implementation.
(2) A map specifying the area to be served by the project thatincludes the locations of household hazardous waste andconditionally exempt small quantity generator waste collectionsites.
(3) A description of proposed information and educationalactivities designed to inform households of the opportunity toparticipate in the project.
(4) A description of safety and security measures that will beimplemented during the project.
(5) A budget showing all estimated project costs that includesineligible project costs and eligible project costs as describedunder section 4 of this chapter.
(6) A resolution by the legislative body (as defined inIC 36-1-2-9) of a unit or the board of directors of a districtinvolved in the project that does the following:
(A) Authorizes the project and the grant application.
(B) Expresses the specific intent to carry out all proposedproject activities described in the grant application.
(C) Allows department employees to have access to andinspect proposed household hazardous waste andconditionally exempt small quantity generator wastecollection sites involved in the project.
(D) Commits the applicant to do the following:
(i) Maintain appropriate records that document allexpenditures made during the project.
(ii) Submit to the department a final report describing allproject activities, achievements, and problems thatcompares the actual project to the objectives and activitiesproposed in the grant application, including samples of allinformational and educational brochures prepared anddistributed and data on the household participation rates,waste quantities collected by category, documentation ofall costs, and recommendations for project improvements.
(E) Contains a timetable for completion of the project that:
(i) does not exceed twenty-four (24) months; and
(ii) includes anticipated dates of information andeducational activities, waste collection, and submission offinal reports.
(F) Commits the applicant to provide all funding required toimplement and administer the project, not including thegrant award.
(G) Commits the applicant to develop a proposed plan for apermanent household hazardous waste or conditionallyexempt small quantity generator waste program that includessources of funding and a timetable for implementation.
(H) Commits the applicant to develop a proposed plan for a
permanent household hazardous product program designedto educate the public as to nonhazardous and nontoxicsubstitutes for hazardous household products.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.5.
IC 13-20-20-4
Project costs
Sec. 4. (a) Estimated project costs submitted under section 3(b)(5)of this chapter must include the following:
(1) Eligible project costs.
(2) Ineligible project costs.
(b) Project costs that are ineligible for grant funding may not beused to fulfill a grantee's match requirement. A grantee is responsiblefor all project costs except the costs funded by a grant.
(c) Ineligible project costs include the following:
(1) Costs incurred before the approval of a grant.
(2) Costs incurred more than twenty-four (24) months after agrant has been accepted.
(3) Costs incurred by a grantee that exceed original estimatedeligible project costs indicated in a grant application.
(4) Other costs that are not specifically related to a project asdetermined by the department.
(d) Eligible project costs may be:
(1) used to fulfill the grantee's match requirement; and
(2) funded by the grant.
(e) Project costs that are not ineligible under subsection (c) areeligible project costs for purposes of subsection (d).
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.6.
IC 13-20-20-5
Amount of grant; matching contributions
Sec. 5. A grant awarded under this chapter:
(1) may not exceed fifty percent (50%) of the total eligible costsestimated in a grant application; and
(2) must be matched by an applicant's financial or in kindcontributions.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-6
Payment of grant
Sec. 6. (a) When a grantee accepts a grant award, the departmentshall pay the grantee seventy-five percent (75%) of the grant for theproject.
(b) The remaining twenty-five percent (25%) of the grant shall bepaid to the grantee after the:
(1) grantee submits the final report to the department; and
(2) department has audited and approved in writing the finalexpenditures.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-7
Documentation of expenditures; source of funds; unexpended grantmoney
Sec. 7. (a) A grantee shall submit to the departmentdocumentation of all project expenditures within:
(1) thirty (30) days after completion of the project; or
(2) twelve (12) months after the grant is awarded;
whichever occurs first.
(b) A grantee shall specify the source of money expended on aproject for both ineligible costs and eligible costs.
(c) Unexpended grant money shall be returned to the hazardoussubstances trust fund within sixty (60) days after the department has:
(1) completed the department's final audit of projectexpenditures; and
(2) notified the grantee, in writing, of the unexpended amount.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-8
Priority of grant applications
Sec. 8. (a) In determining the priority of grant applications underthis chapter, the department shall first consider an applicant'sdemonstrated commitment to an annual household hazardous wasteor conditionally exempt small quantity generator waste collection,recycling, or disposal project. The department shall considerevidence of the following in making the department's determinationunder this subsection:
(1) A resolution by the applicant that the applicable communityis committed to undertaking annual action to promote theproper collection, recycling, or disposal of household hazardouswaste or conditionally exempt small quantity generator waste.
(2) An educational project sponsored by the applicantconcerning the potential dangers associated with householdhazardous waste or conditionally exempt small quantitygenerator waste, including instructions for the proper methodsof handling, storage, recycling, or disposal of householdhazardous waste or conditionally exempt small quantitygenerator waste.
(3) Sponsorship or participation in other projects that relate tothe collection, recycling, or disposal of household hazardouswaste or conditionally exempt small quantity generator waste,including projects developed or sponsored by civicorganizations or private foundations.
(4) An educational project by the applicant concerningnonhazardous and nontoxic substitutes for hazardous householdproducts.
(b) If the department determines that one (1) or more applicantsdemonstrate substantially similar commitment levels undersubsection (a), the department shall give priority to the applicationthe department received first.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.7.
IC 13-20-20-9
Application for multiple grants; reapplication by previousrecipient
Sec. 9. (a) A unit or district may apply for more than one (1) grantunder this chapter.
(b) A previous grant recipient under this chapter may reapply foradditional grants within the same year only if money is available tothe department after awarding grants to all other eligible applicants.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-10
Exemptions
Sec. 10. (a) A grant applicant may request an exemption from arequirement under this chapter by submitting a written request to thedepartment.
(b) A request filed under this section must contain a detaileddescription of the basis for a requested exemption.
(c) The department shall review an exemption request with regardto:
(1) a potential nuisance;
(2) a hazard to public health or safety; or
(3) estimated degradation of the environment;
involved in the exemption request.
(d) An exemption granted by the department must:
(1) be in writing; and
(2) clearly state the reasons for the exemption.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-11
Termination of grant
Sec. 11. (a) The department may terminate a grant awarded underthis chapter if the department determines that there:
(1) has been no sustained progress in meeting a timetableestablished in section 3(b)(6)(E) of this chapter;
(2) is substantial evidence that a grant was obtained by fraud;or
(3) is substantial evidence of gross abuse or corrupt practices inthe administration or implementation of a project.
(b) If the department terminates a grant, the grantee shall returnthe full amount of the grant received.
As added by P.L.1-1996, SEC.10.
IC 13-20-20-12
Annual report
Sec. 12. (a) Before February 1 of each year, the department shallsubmit an annual report to the:
(1) governor;
(2) legislative council; and
(3) budget director.
A report submitted under this subsection to the legislative council
must be in an electronic format under IC 5-14-6.
(b) The report must contain the following:
(1) A description of each project funded through grants underthis chapter.
(2) A statement of the total amount of money that thedepartment expends through grants under this chapter duringthe immediately preceding year.
(3) An estimate of the amount of money that is required to meetthe eligible grant requests for the current year.
(4) Proposals of recommendations for any changes, in fundingor otherwise, to the grant project.
As added by P.L.1-1996, SEC.10. Amended by P.L.28-2004,SEC.123.
IC 13-20-20-13
Rules
Sec. 13. The board may adopt rules under this chapter inaccordance with IC 4-22-2 and IC 13-14-9.
As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.8.