CHAPTER 10. LOCAL EMERGENCY PLANNING AND RIGHT TO KNOW FUND
IC 6-6-10
Chapter 10. Local Emergency Planning and Right to Know Fund
IC 6-6-10-1
"SARA" defined
Sec. 1. As used in this chapter, "SARA" refers to the SuperfundAmendments and Reauthorization Act of 1986 (P.L.99-499).
As added by P.L.70-1988, SEC.1.
IC 6-6-10-2
"Emergency and hazardous chemical inventory form" defined
Sec. 2. As used in this chapter, "emergency and hazardouschemical inventory form" has the meaning set forth in 42 U.S.C.11022.
As added by P.L.70-1988, SEC.1.
IC 6-6-10-2.2
"Emergency response commission" defined
Sec. 2.2. As used in this chapter, "emergency responsecommission" refers to the state emergency response commissionappointed by the governor in compliance with 42 U.S.C. 11001(a).
As added by P.L.61-1990, SEC.1.
IC 6-6-10-3
"Facility" defined
Sec. 3. As used in this chapter, "facility" has the meaning set forthin 42 U.S.C. 11049(4).
As added by P.L.70-1988, SEC.1.
IC 6-6-10-4
"Hazardous chemical" defined
Sec. 4. As used in this chapter, "hazardous chemical" has themeaning set forth in 42 U.S.C. 11022(c).
As added by P.L.70-1988, SEC.1.
IC 6-6-10-4.2
"Local emergency planning committee" defined
Sec. 4.2. As used in this chapter, "local emergency planningcommittee" refers to a local emergency planning committee of acounty appointed by the emergency response commission incompliance with 42 U.S.C. 11001(a).
As added by P.L.61-1990, SEC.2.
IC 6-6-10-5
Establishment of fund
Sec. 5. The local emergency planning and right to know fund isestablished for the purpose of providing each county with funds tohelp implement Title III of SARA (42 U.S.C. 11001 et seq.). Thedepartment of state revenue shall administer the fund. The fundconsists of: (1) revenue produced by the fee imposed under section 6 of thischapter; and
(2) accrued interest and other investment earnings of the fund.
As added by P.L.70-1988, SEC.1.
IC 6-6-10-6
Fees
Sec. 6. (a) Each year a fee is imposed on a facility that mustsubmit an emergency and hazardous chemical inventory form. Theamount of the fee is as follows:
(1) For a facility in which at least one million (1,000,000)pounds of any hazardous chemical was present at one (1) timeduring the year preceding the year in which the fee is imposed,a fee of two hundred dollars ($200).
(2) For a facility in which, in the year preceding the year inwhich the fee is imposed, one (1) or more hazardous chemicalswere present in amounts exceeding the threshold quantitiesestablished under 42 U.S.C. 11022(b), but the total amount ofany hazardous chemical present did not at any one (1) timeequal or exceed one million (1,000,000) pounds, a fee of onehundred dollars ($100).
(3) For a facility that contains underground storage tanks (asdefined in IC 13-11-2-241) and was subject to the reportingrequirement in 42 U.S.C. 6991a(a), but in which, in the yearpreceding the year in which the fee is imposed, no hazardouschemicals were present in amounts exceeding the thresholdquantities established under 42 U.S.C. 11022(b), (other thansubstances stored in underground storage tanks that must bereported under 42 U.S.C. 6991a(a)), a fee of fifty dollars ($50).
(b) A facility subject to the fee imposed by this section shall fileannual returns with the department of state revenue in a manner andat a time provided by the department of state revenue.
As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.3;P.L.1-1996, SEC.54.
IC 6-6-10-7
Distribution, purpose, and administration of fund
Sec. 7. (a) Before July 1 of each year, the department of staterevenue shall distribute the money in the emergency planning andright to know fund as follows:
(1) Ten percent (10%) allocated to the emergency responsecommission and administered by the department of homelandsecurity to be used to enhance communication among localemergency planning committees and between local emergencyplanning committees and the emergency response commissionin order to strengthen joint hazardous material incident responsecapabilities. Money received as an allocation under thissubdivision does not revert to the state general fund at the endof a state fiscal year.
(2) The distribution to the hazardous substance response fund
established by IC 13-25-4-1 that is authorized for the year bythe general assembly.
(3) A distribution of the remaining money as follows:
(A) To each county, two thousand five hundred dollars($2,500).
(B) To each county, an additional distribution in an amountdetermined in STEP TWO of the following formula:
STEP ONE: Divide the amount available for distributionby the number of annual returns filed under section 6(b) ofthis chapter in the calendar year preceding the distribution.
STEP TWO: Multiply the quotient determined in STEPONE by the number of facilities located in each county.
The department of state revenue may make a distribution to acounty under this subdivision only after receiving notice fromthe emergency response commission that the local emergencyplanning committee for the county has met the requirements ofIC 13-25-1-6(b).
(b) The revenue distributed to the county under this section shallbe deposited in a separate fund established by the county for thepurpose of:
(1) preparing and updating a comprehensive emergencyresponse plan required under 42 U.S.C. 11003 for the county oremergency planning district;
(2) establishing and implementing procedures for receiving andprocessing requests from the public for information abouthazardous chemicals under Title III of SARA (42 U.S.C. 11001et seq.);
(3) training for emergency response planning, informationmanagement, and hazardous materials incident response;
(4) equipping a hazardous materials response team that providesat least a district wide emergency planning response if theequipment purchased is consistent with current training levelsof the response team members;
(5) purchasing communication equipment for a local emergencyplanning committee's administrative use;
(6) paying an optional stipend to local emergency planningcommittee members who attend regularly scheduled meetingsat which a quorum is present in an amount:
(A) determined by a majority of the local emergencyplanning committee membership; and
(B) that is not more than twenty dollars ($20) per memberper meeting;
(7) paying for Title III risk communication, chemical accidentrelated, and accident prevention projects submitted to andapproved by the Indiana emergency response commission; and
(8) maintaining, repairing, and calibrating equipment purchasedfor a hazardous materials response team under subdivision (4).
However, revenue distributed to a county under this section may beused for the purpose set forth in subdivisions (3) through (8) only ifthe local emergency planning committee appointed for the county has
prepared and submitted to the emergency response commission anemergency plan that meets the requirements of 42 U.S.C. 11003(a)and has received approval for the training programs from theemergency response commission.
(c) The fund established under subsection (b) shall beadministered by the county executive. The expenses of administeringthe fund shall 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. Interest that accrues fromthese investments shall be deposited in the fund. Money in the fundat the end of the fiscal year remains in the fund and does not revertto any other fund.
(d) Money shall be appropriated by a county fiscal body (asdefined in IC 36-1-2-6) from a fund established under subsection (b)upon the receipt by the county fiscal body of the local emergencyplanning committee's spending plan. The spending plan must:
(1) have been approved by a majority of the members of thelocal emergency planning committee; and
(2) conform with the provisions of this chapter.
The county fiscal body may not appropriate money from the fundestablished under subsection (b) for any person or purpose other thanthe local emergency planning committee.
(e) All equipment, apparatus, and supplies purchased with moneyfrom a fund established under subsection (b) remains under thedirection and control of the local emergency planning committee.
As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.4;P.L.101-1995, SEC.1; P.L.1-1996, SEC.55; P.L.63-1996, SEC.1;P.L.66-1997, SEC.1; P.L.1-2006, SEC.146; P.L.57-2008, SEC.1.
IC 6-6-10-8
Local emergency planning committees; reports
Sec. 8. Each year, a local emergency planning committee shallsubmit to the emergency response commission a report that describesthe expenditures of the local emergency planning committee in thepreceding year that were paid for with money distributed undersection 7 of this chapter.
As added by P.L.61-1990, SEC.5. Amended by P.L.101-1995, SEC.2.
IC 6-6-10-9
Commission's right to withhold funds
Sec. 9. The emergency response commission may withhold a localemergency planning committee's funding for failure to provideannually to the commission one (1) of the following:
(1) The report required under section 8 of this chapter.
(2) Proof of published legal notice required under SARA.
(3) An updated version of the local emergency planningcommittee's emergency preparedness plan as required underSARA.
(4) A copy of the current bylaws of the local emergencyplanning committee as required by SARA. (5) Evidence of an exercise of the response plan required underSARA.
(6) A roster of the current membership of the local emergencyplanning committee as required under IC 13-25-1-6(b)(2).
(7) Minutes of the local emergency planning committeemeetings conducted at least two (2) times, on separate days,every six (6) months as required under IC 13-25-1-6(b)(3).
As added by P.L.101-1995, SEC.3. Amended by P.L.1-1996, SEC.56;P.L.92-2001, SEC.1.