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 thecosts 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, thesolid 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 asfollows:
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Repealed
(Repealed by P.L.138-2000, SEC.11.)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 disposedinto a solid waste landfill permitted to accept restricted waste solelygenerated by the person to which the permit is issued.
(c) With respect to a municipal solid waste landfill, anonmunicipal solid waste landfill, or a construction\\demolition wastesite:
(1) located in a county that does not zone under IC 36-7-4;
(2) for which the department issues an original permit forconstruction after March 1, 2006; and
(3) for which a host agreement has not been entered into underIC 13-20-24;
the county fiscal body may establish a disposal fee that does notexceed two dollars and fifty cents ($2.50) per ton, which applies inaddition 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 registrationwith the department concerning an activity associated with a feeestablished by section 3, 4, 5, or 6 of this chapter, the person mustremit an application fee or a registration fee to the department.
(b) If a person does not remit the application fee or theregistration fee to the department, the department shall deny theperson'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 January1 of each year. The department shall assess the fees not later thanJanuary 15 of that year. A person must remit solid waste annualoperation fees or an installment established under IC 13-16-2 to thedepartment not more than thirty (30) days after the date the fees areassessed 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 wastedisposal facilities, including sanitary landfills, incinerators, andconstruction\\demolition disposal facilities. Solid waste disposal fees:
(1) for the period of January 1 through June 30 of each year aredue on August 1 of that year; and
(2) for the period of July 1 through December 31 of each yearare 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 aninstallment established by the department under IC 13-16-2 to thedepartment not more than sixty (60) days after the date the fee isassessed or not more than thirty (30) days after the date theinstallment is due, the person shall be assessed a delinquency chargeequal to ten percent (10%) of the solid waste annual operation fee orten percent (10%) of the installment, whichever is applicable. Adelinquency charge is due and payable sixty (60) days after the datethe solid waste annual operation fee is assessed or thirty (30) daysafter the date an installment is due.
(b) If a person does not remit a solid waste annual operation feeor an installment established by the department under IC 13-16-2 andany applicable delinquency charge not more than ninety (90) daysafter the date the solid waste annual operation fee is assessed or notmore than sixty (60) days after the date the installment is due, thedepartment may revoke the person's permit. However, before thedepartment may revoke the permit:
(1) not earlier than sixty (60) days after the date the solid wasteannual 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 revokesthe permit;
the department must deliver a written notice to the person thatdescribes what fees and delinquency charges are due and indicatesthat the department may revoke the person's permit for nonpaymentafter 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 thedepartment not more than sixty (60) days after the date the fee is due,the person shall be assessed a delinquency charge equal to tenpercent (10%) of the solid waste disposal fee. The delinquencycharge shall be due and payable sixty (60) days after the date thesolid waste disposal fee is due.
(b) If a person does not remit a solid waste disposal fee and anyapplicable delinquency charge not more than ninety (90) days afterthe date the solid waste disposal fee is due, the department mayrevoke the person's permit. However, before the department mayrevoke the permit:
(1) not earlier than sixty (60) days after the date the solid wastedisposal fee is assessed; and
(2) not later than thirty (30) days before the department revokesthe permit;
the department must deliver a written notice to the person thatdescribes what fees and delinquency charges are due and indicatesthat the department may revoke the person's permit for nonpaymentafter 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 underthis chapter apply to groundwater monitoring wells in existence at anoperating land disposal facility at the time a solid waste annualoperation 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 ofadditional fees
Sec. 14. (a) Except as provided in subsection (b), fees anddelinquency charges collected under this chapter:
(1) are payable to the department; and
(2) shall be deposited in the environmental management permitoperation fund established by IC 13-15-11-1.
(b) Fees and delinquency charges collected under section 6(c) ofthis chapter are payable to the department. The department shallremit the revenue to the county treasurer of the county in which thelandfill is located for deposit in the fund established by the countytreasurer under IC 36-2-9-21.
As added by P.L.1-1996, SEC.10. Amended by P.L.131-2006, SEC.9.