IC 13-22-12


    

Chapter 12. Hazardous Waste Fees


IC 13-22-12-1

Establishment

    


Sec. 1. Notwithstanding fees established under IC 13-16-1, the
hazardous waste:

        (1) permit application fees;

        (2) annual operation fees; and

        (3) prices for purchasing manifests;

contained in this chapter are established.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-2

Fee schedule; application fees

    


Sec. 2. For hazardous waste, the application fees are as follows:

New Permit Application



    Fee

        Land Disposal    $40,600

        Incinerator (per unit)    $21,700

        Storage    $23,800

        Treatment    $23,800

Permit Renewal or



Class 3 Modification



        Land Disposal    $34,000

        Incinerator    $21,700

        Storage    $17,200

        Treatment    $17,200

Class 2 Modification



        Class 2 Modification    $ 2,250

As added by P.L.1-1996, SEC.12.


IC 13-22-12-3

Fee schedule; annual operation fees

    


Sec. 3. For hazardous waste, the annual operation fees are as
follows:

        Fee

    Land Disposal    $37,500

    Incinerator (per unit)    $10,000

    Storage    $ 2,500

    Treatment    $10,000

    Generator    $ 1,565

    Postclosure Activity    $ 1,500

    Groundwater Compliance

    Sampling at active

    facilities (per well)    $ 1,000

As added by P.L.1-1996, SEC.12.


IC 13-22-12-4

Repealed


    

(Repealed by P.L.143-2000, SEC.8.)


IC 13-22-12-5

Remittance of fee required; denial of permit

    


Sec. 5. (a) When a person files a hazardous waste permit
application with the department, the person must remit an application
fee to the department.

    (b) If a person does not remit an application fee to the department,
the department shall deny the person's application.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-6

Accrual of annual operation fees

    


Sec. 6. Hazardous waste annual operation fees begin accruing
January 1 each year. The department shall assess the fees not later
than January 15 of that year.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-7

Remittance of fees or installments

    


Sec. 7. A person must remit a hazardous waste annual operation fee
or an installment established by the department under IC 13-16-2 to
the department not more than thirty (30) days after the date the fee
is assessed or on the date the installment is due.

As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.6;
P.L.2-1997, SEC.46.



IC 13-22-12-8

Delinquency charge; revocation of permit

    


Sec. 8. (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 hazardous waste annual operation fee or
an installment established by the department under section 14 of this
chapter 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 hazardous waste annual operation
fee or ten percent (10%) of the installment, whichever is applicable.
The delinquency charge is due and payable sixty (60) days after the
date the hazardous waste annual operation fee is assessed or thirty
(30) days after the date the installment is due.

    (b) If a person does not remit a hazardous 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 hazardous 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 hazardous
waste annual operation fee is assessed or not earlier than thirty
(30) days after the date an 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 that
indicates that the department may revoke the person's permit for
nonpayment after thirty (30) days.

As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.7;
P.L.2-1997, SEC.47.



IC 13-22-12-9

Annual operation fees; applicability

    


Sec. 9. Annual operation fees established under this chapter apply
to facilities that:

        (1) have received a permit from the department; or

        (2) are operating under interim status or otherwise manage
hazardous waste subject to regulation under the following:

            (A) IC 13-22-2 through IC 13-22-8.

            (B) IC 13-22-13 through IC 13-22-14.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-10

Annual operation fees; requirement under certain circumstances

    


Sec. 10. Regardless of a person's rate of generation, a person must
pay a generator annual operation fee if the person accumulates more
than:

        (1) six thousand (6,000) kilograms of hazardous waste; or

        (2) one (1) kilogram of acutely toxic waste;

onsite at any time during a year.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-11

Groundwater compliance sampling fees

    


Sec. 11. Groundwater compliance sampling fees established under
this chapter apply to groundwater monitoring wells in existence at an
operating land disposal facility at the time an annual operation fee
concerning the land disposal facility is assessed.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-12

Payment of all fees by person or facility in multiple fee categories

    


Sec. 12. A person or facility that is described in more than one (1)
category under this chapter must pay all applicable fees.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-13

Payment and deposit of fees and delinquency charges

    


Sec. 13. The 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.

As added by P.L.1-1996, SEC.12.


IC 13-22-12-14



Repealed

    


(Repealed by P.L.2-1997, SEC.89.)