CHAPTER 21. SOLID WASTE FEES
IC 13-20-21
Chapter 21. Solid Waste Fees
IC 13-20-21-1
Purpose
Sec. 1. The provisions of this chapter are established to defray the
costs of administering the solid waste program.
As added by P.L.1-1996, SEC.10.
IC 13-20-21-2
Establishment
Sec. 2. Notwithstanding fees established under IC 13-16-1, the
solid waste permit:
(1) application;
(2) annual operation;
(3) generator; and
(4) disposal;
fees contained in this chapter are established.
As added by P.L.1-1996, SEC.10.
IC 13-20-21-3
Application of fees
Sec. 3. For solid waste permits, the application fees are as
follows:
New Permit or Major Modification
Fee
Sanitary Landfill $31,300
Construction\\Demolition Site $20,000
Restricted Waste Site
Type I $31,300
Type II $31,300
Type III $20,000
Processing Facility
Transfer Station $12,150
Other $12,150
Incinerator $28,650
Waste Tire Storage
Registration $ 500
Waste Tire Processing $ 200
Waste Tire
Transportation $ 25
Permit Renewal
Sanitary Landfill $ 15,350
Construction\\
Demolition Site $ 7,150
Restricted Waste Site
Type I $ 15,350
Type II $ 15,350
Type III $ 7,150
Processing Facility
Transfer Station $ 2,200
Other $ 2,200
Incinerator $ 5,900
Waste Tire Processing $ 200
Minor Modification
Minor Modification $ 2,500
As added by P.L.1-1996, SEC.10.
IC 13-20-21-4
Annual operation fees
Sec. 4. For solid waste, the annual operation fees are as follows:
Fee
Sanitary Landfill
> 500 TPD $35,000
250-499 TPD $15,000
100-249 TPD $ 7,000
<100 TPD $ 2,000
Construction\\
Demolition Site $ 1,500
Restricted Waste Site
Type I $35,000
Type II $25,000
Type III $10,000
Processing Facility
Transfer Station $ 2,000
Other $ 2,000
Incinerator
>500 TPD $35,000
250-499 TPD $15,000
100-249 TPD $ 7,000
<100 TPD $ 2,000
Infectious Waste
Incinerator (>7 TPD) $ 5,000
Waste Tire Storage
Registration $ 500
Waste Tire Transportation
Registration $ 25
Groundwater
Compliance
Sampling
(per well) $ 250
As added by P.L.1-1996, SEC.10.
IC 13-20-21-5
Repealed
(Repealed by P.L.138-2000, SEC.11.)
IC 13-20-21-6
Disposal fees; additional fees for certain municipal landfills
Sec. 6. (a) Subject to subsection (c), for solid waste, the disposal
fees are as follows:
Fee
Solid waste disposed into a
municipal solid waste landfill per ton $ 0
.10
Solid waste disposed into a
nonmunicipal solid waste landfill per ton $ 0
.10
Solid waste disposed
into an incinerator per ton $ 0
.05
Solid waste disposed into a
construction\\demolition waste site per ton $ 0
.10
(b) There is no solid waste disposal fee for solid waste disposed
into a solid waste landfill permitted to accept restricted waste solely
generated by the person to which the permit is issued.
(c) With respect to a municipal solid waste landfill, a
nonmunicipal solid waste landfill, or a construction\\demolition waste
site:
(1) located in a county that does not zone under IC 36-7-4;
(2) for which the department issues an original permit for
construction after March 1, 2006; and
(3) for which a host agreement has not been entered into under
IC 13-20-24;
the county fiscal body may establish a disposal fee that does not
exceed two dollars and fifty cents ($2.50) per ton, which applies in
addition to the disposal fee established in subsection (a).
As added by P.L.1-1996, SEC.10. Amended by P.L.138-2000, SEC.9;
P.L.218-2001, SEC.9; P.L.131-2006, SEC.8.
IC 13-20-21-7
Remittance of fee required; denial of permit
Sec. 7. (a) When a person files an application or a registration
with the department concerning an activity associated with a fee
established by section 3, 4, 5, or 6 of this chapter, the person must
remit an application fee or a registration fee to the department.
(b) If a person does not remit the application fee or the
registration fee to the department, the department shall deny the
person's application or registration.
As added by P.L.1-1996, SEC.10.
IC 13-20-21-8
Remittance of fees or installments
Sec. 8. Solid waste annual operation fees begin accruing January
1 of each year. The department shall assess the fees not later than
January 15 of that year. A person must remit solid waste annual
operation fees or an installment established under IC 13-16-2 to the
department not more than thirty (30) days after the date the fees are
assessed or on the date the installment is due.
As added by P.L.1-1996, SEC.10. Amended by P.L.130-1996, SEC.4;
P.L.2-1997, SEC.44.
IC 13-20-21-9
Disposal fees; applicability; payment
Sec. 9. Solid waste disposal fees must be paid by all solid waste
disposal facilities, including sanitary landfills, incinerators, and
construction\\demolition disposal facilities. Solid waste disposal fees:
(1) for the period of January 1 through June 30 of each year are
due on August 1 of that year; and
(2) for the period of July 1 through December 31 of each year
are due on February 1 of the following year.
As added by P.L.1-1996, SEC.10.
IC 13-20-21-10
Delinquency charge; revocation of permit
Sec. 10. (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 solid waste annual operation fee or an
installment established by the department under IC 13-16-2 to the
department 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 solid waste annual operation fee or
ten percent (10%) of the installment, whichever is applicable. A
delinquency charge is due and payable sixty (60) days after the date
the solid waste annual operation fee is assessed or thirty (30) days
after the date an installment is due.
(b) If a person does not remit a solid 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 solid 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 solid waste
annual operation fee is assessed or not earlier than thirty (30)
days after the date the 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 indicates
that the department may revoke the person's permit for nonpayment
after thirty (30) days.
As added by P.L.1-1996, SEC.10. Amended by P.L.130-1996, SEC.5;
P.L.2-1997, SEC.45.
IC 13-20-21-11
Disposal fees; delinquency charges; revocation of permit; notice
Sec. 11. (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 solid waste disposal fee to the
department not more than sixty (60) days after the date the fee is due,
the person shall be assessed a delinquency charge equal to ten
percent (10%) of the solid waste disposal fee. The delinquency
charge shall be due and payable sixty (60) days after the date the
solid waste disposal fee is due.
(b) If a person does not remit a solid waste disposal fee and any
applicable delinquency charge not more than ninety (90) days after
the date the solid waste disposal fee 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 solid waste
disposal fee is assessed; 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 indicates
that the department may revoke the person's permit for nonpayment
after thirty (30) days.
As added by P.L.1-1996, SEC.10.
IC 13-20-21-12
Groundwater compliance sampling fees
Sec. 12. Groundwater compliance sampling fees established under
this chapter apply to groundwater monitoring wells in existence at an
operating land disposal facility at the time a solid waste annual
operation fee concerning the land disposal facility is assessed.
As added by P.L.1-1996, SEC.10.
IC 13-20-21-13
Payment of all fees by person or facility in multiple fee categories
Sec. 13. A person or a facility that is described in more than one
(1) fee category under this chapter must pay all applicable fees.
As added by P.L.1-1996, SEC.10.
IC 13-20-21-14
Payment and deposit of fees and charges; remission to counties of
additional fees
Sec. 14. (a) Except as provided in subsection (b), 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.
(b) Fees and delinquency charges collected under section 6(c) of
this chapter are payable to the department. The department shall
remit the revenue to the county treasurer of the county in which the
landfill is located for deposit in the fund established by the county
treasurer under IC 36-2-9-21.
As added by P.L.1-1996, SEC.10. Amended by P.L.131-2006, SEC.9.