IC 36-8-12.2
    Chapter 12.2. Hazardous Materials Emergency ActionReimbursement

IC 36-8-12.2-1
"Facility" defined
    Sec. 1. As used in this chapter, "facility" has the meaning set forthin 327 IAC 2-6.1-4(7), as in effect on January 1, 2001.
As added by P.L.33-2001, SEC.3.

IC 36-8-12.2-2
"Fire department" defined
    Sec. 2. As used in this chapter, "fire department" means a firedepartment that:
        (1) is established under IC 36-8-2-3 or IC 36-8-13-3(a)(1); and
        (2) employs:
            (A) both full-time paid members and volunteer members; or
            (B) only full-time paid members.
As added by P.L.33-2001, SEC.3.

IC 36-8-12.2-3
"Hazardous materials emergency" defined
    Sec. 3. As used in this chapter, "hazardous materials emergency"has the meaning set forth in IC 13-11-2-97.
As added by P.L.33-2001, SEC.3.

IC 36-8-12.2-4
"Mode of transportation" defined
    Sec. 4. As used in this chapter, "mode of transportation" has themeaning set forth in 327 IAC 2-6.1-4(10), as in effect on January 1,2001.
As added by P.L.33-2001, SEC.3.

IC 36-8-12.2-5
"Responsible party" defined
    Sec. 5. As used in this chapter, "responsible party" has themeaning set forth in IC 13-11-2-191(e).
As added by P.L.33-2001, SEC.3. Amended by P.L.127-2009,SEC.13.

IC 36-8-12.2-6
Imposition of service charges and administrative fees
    Sec. 6. (a) A fire department may impose a charge on a personthat is a responsible party with respect to a hazardous materialsemergency that:
        (1) the fire department responded to;
        (2) members of that fire department assisted in containing,controlling, or cleaning up;
        (3) with respect to the release or imminent release of hazardousmaterials at a facility, involves a quantity of hazardous

materials that exceeds the spill quantities of hazardous materialsthat must be reported under 327 IAC 2-6.1-5, as in effect onJanuary 1, 2001; and
        (4) with respect to the release or imminent release of hazardousmaterials from a mode of transportation, involves a quantity ofhazardous materials that exceeds the spill quantities ofhazardous materials that must be reported under 327 IAC2-6.1-6, as in effect on January 1, 2001.
    (b) The owner or responsible party shall remit payment directlyto the governmental unit providing the service.
    (c) Any administrative fees charged by a fire department's agentmust be paid only from fees that are collected and allowed by Indianalaw and the fire marshal's schedule of fees.
    (d) An agent who processes fees on behalf of a fire departmentshall send all bills, notices, and other related materials to both thefire department and the person being billed for services.
    (e) All fees allowed by Indiana law and the fire marshal's feeschedule must be itemized separately from any other charges.
As added by P.L.33-2001, SEC.3. Amended by P.L.182-2009(ss),SEC.437.

IC 36-8-12.2-7
Service charge billed to responsible party
    Sec. 7. A fire department imposing a charge under this chaptermay bill the responsible party for the total value of the assistanceprovided, as determined from the state fire marshal's schedule ofservice charges issued under IC 36-8-12-16(h).
As added by P.L.33-2001, SEC.3. Amended by P.L.182-2009(ss),SEC.438.

IC 36-8-12.2-8
General fund of unit; hazardous materials response fund
    Sec. 8. (a) Money collected under this chapter must be depositedin one (1) of the following:
        (1) The general fund of the unit that established the firedepartment under IC 36-8-2-3 or IC 36-8-13-3(a)(1).
        (2) A hazardous materials response fund established undersection 8.1 of this chapter by a city or town having a firedepartment established under IC 36-8-2-3.
    (b) Money collected under this chapter may be used only for thefollowing:
        (1) Purchase of supplies and equipment used in providinghazardous materials emergency assistance under this chapter.
        (2) Training for members of the fire department in skillsnecessary for providing hazardous materials emergencyassistance under this chapter.
        (3) Payment to persons with which the fire department contractsto provide services related to the hazardous materialsemergency assistance provided by the fire department under thischapter.As added by P.L.33-2001, SEC.3. Amended by P.L.173-2003,SEC.37.

IC 36-8-12.2-8.1
Establishing hazardous materials response fund; fundadministration
    Sec. 8.1. (a) The fiscal body of each city or town that establishesa fire department under IC 36-8-2-3 may, by ordinance or resolution,establish a hazardous materials response fund.
    (b) The hazardous materials response fund shall be administeredby the unit's fiscal officer, and the expenses of administering the fundshall be paid from money in the fund. Money in the fund notcurrently needed to meet the obligations of the fund may be investedin the same manner as other public funds may be invested. Interestthat accrues from these investments shall be deposited in the fund.Money in the fund at the end of a particular fiscal year does notrevert to the unit's general fund.
As added by P.L.173-2003, SEC.38.

IC 36-8-12.2-9
Billing for services of fire department
    Sec. 9. (a) A fire department may not bill under this chapter forservices provided that duplicate services provided by anothergovernmental entity.
    (b) The responsible party billed for services under this chaptermay elect to reimburse the fire department by providing replacementmaterials that are of equal or greater value than those expended bythe fire department in responding to the emergency.
As added by P.L.33-2001, SEC.3.

IC 36-8-12.2-10
Actions for reimbursement
    Sec. 10. A fire department that imposes a service charge underthis chapter and maintains an action for reimbursement underIC 13-25-6-5 may recover all costs of the action, including attorney'sfees.
As added by P.L.33-2001, SEC.3.

IC 36-8-12.2-11
Penalties
    Sec. 11. A responsible party is subject to a penalty for failure topay the full amount of a charge made under this chapter within sixty(60) days after the issuance of the bill for payment by the firedepartment. The amount of the penalty is ten percent (10%) of theamount of the charge that remains unpaid on the due date.
As added by P.L.33-2001, SEC.3.