CHAPTER 13. DISTRICT FINAL DISPOSAL FEES
IC 13-21-13
Chapter 13. District Final Disposal Fees
IC 13-21-13-1
Fees for disposal in facilities within the district; penalties
Sec. 1. (a) A board may impose fees on the disposal of solid wastein a final disposal facility located within the district. A fee imposedby a board in a county with a population of more than one hundredten thousand (110,000) but less than one hundred fifteen thousand(115,000) under this section may not exceed two dollars and fiftycents ($2.50) a ton. A fee imposed by a board in other counties underthis section may not exceed:
(1) two dollars and fifty cents ($2.50) a ton; or
(2) the amount of a fee imposed by the board;
(A) under this section; and
(B) in effect on January 1, 1993;
whichever is greater.
(b) The board shall do the following:
(1) Set the amount of fees imposed under this section after apublic hearing.
(2) Give public notice of the hearing.
(c) If solid waste has been subject to a district fee under thissection, the total amount of the fee that was paid shall be creditedagainst a district fee to which the solid waste may later be subjectunder this section.
(d) Except as provided in section 4 of this chapter, fees imposedunder this chapter shall be imposed uniformly on public facilities andon privately owned or operated facilities throughout the district.
(e) A resolution adopted by a board that establishes fees underthis chapter may contain a provision that authorizes the board toimpose a penalty of not more than five hundred dollars ($500) perday because of:
(1) nonpayment of fees; or
(2) noncompliance with a condition in the resolution.
(f) A board may not impose fees for material used as alternatedaily cover pursuant to a permit issued by the department under 329IAC 10-20-13.
As added by P.L.1-1996, SEC.11. Amended by P.L.45-1997, SEC.15;P.L.170-2002, SEC.91.
IC 13-21-13-2
District solid waste management fund
Sec. 2. (a) A board that has imposed fees under section 1 of thischapter shall establish and continuously maintain a separate fundunder this section to be known as the "______________ district solidwaste management fund".
(b) All fees remitted to the district under section 1 of this chaptershall be deposited in the fund.
(c) Money in the fund may be used only for the followingpurposes: (1) To pay expenses of administering the fund.
(2) To pay costs associated with the development andimplementation of the district plan.
(d) The controller of the district shall administer a fundestablished under this section. Money in the fund that is not currentlyneeded for the purposes set forth in subsection (c) shall be depositedand invested in the same manner as other county money is depositedand invested under IC 5-13. Interest that accrues from theseinvestments shall be deposited in the fund. Money in the fund at theend of a district's fiscal year does not revert to:
(1) a county general fund; or
(2) any other fund.
(e) The controller of a district shall:
(1) file an individual surety bond; or
(2) revise an existing bond;
in a sufficient amount determined under IC 5-4-1-18 to reflect theliability associated with the handling of the district's money.
As added by P.L.1-1996, SEC.11. Amended by P.L.214-2005,SEC.59.
IC 13-21-13-3
Collection; compensation; time limit on remittance; report
Sec. 3. (a) If a board imposes a fee under section 1 of this chapter,the owner or operator of a final disposal facility located within thedistrict is responsible for collecting fees from persons deliveringsolid waste to the facility. Each owner or operator may do thefollowing:
(1) Deduct from the fees an amount equal to one percent (1%)of the fees collected.
(2) Retain this amount as compensation for collecting andremitting the fees.
(b) The owner or operator shall remit the remainder of the fees theowner or operator collects during a month to the controller not laterthan ten (10) days after the last day of the month in which the feesare collected.
(c) Each owner or operator of a final disposal facility shall, at thetime the collected fees are remitted, furnish to the controller a feecollection report.
As added by P.L.1-1996, SEC.11.
IC 13-21-13-4
Limitation on imposition
Sec. 4. A board may not impose a fee under this chapter on thedisposal of solid waste by a person that:
(1) generated the solid waste; and
(2) disposes of the solid waste at a site that is:
(A) owned by that person; and
(B) limited, for purposes of the disposal of solid waste, touse by the person for the disposal of solid waste generatedby the person.As added by P.L.1-1996, SEC.11.
IC 13-21-13-5
Fee collection; determination of weight of solid waste
Sec. 5. (a) If fees imposed under section 1 of this chapter arebased and charged on each ton of solid waste, the owner or operatorof a final disposal facility that:
(1) annually receives, on the average, less than two hundred(200) tons of solid waste each day; and
(2) does not have a scale suitable for weighing the solid wastereceived at the final disposal facility;
may determine the weight of the solid waste received by conversionfrom the volume of the solid waste.
(b) An owner or operator described in subsection (a) shall applythe following conversion factors:
(1) Three and three-tenths (3.3) cubic yards of compacted solidwaste equals one (1) ton of solid waste.
(2) Six (6) cubic yards of uncompacted solid waste equals one(1) ton of solid waste.
As added by P.L.1-1996, SEC.11.
IC 13-21-13-6
Fees not revenues
Sec. 6. Fees prescribed by this chapter are not:
(1) revenues (as defined in IC 36-9-31-2) of a facility (asdefined in IC 36-9-31-2); or
(2) revenues under:
(A) IC 8-1.5;
(B) IC 13-21-3-13;
(C) IC 13-21-7 through IC 13-21-12;
(D) IC 13-21-14; or
(E) IC 36-9-30.
As added by P.L.1-1996, SEC.11.