IC 36-8-12.2
Chapter 12.2. Hazardous Materials Emergency Action
Reimbursement
IC 36-8-12.2-1 "Facility" defined
Sec. 1. As used in this chapter, "facility" has the meaning set forth
in 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 fire
department 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 the
meaning 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 the
meaning 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 person
that is a responsible party with respect to a hazardous materials
emergency 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 hazardous
materials at a facility, involves a quantity of hazardous
materials that exceeds the spill quantities of hazardous materials
that must be reported under 327 IAC 2-6.1-5, as in effect on
January 1, 2001; and
(4) with respect to the release or imminent release of hazardous
materials from a mode of transportation, involves a quantity of
hazardous materials that exceeds the spill quantities of
hazardous materials that must be reported under 327 IAC
2-6.1-6, as in effect on January 1, 2001.
(b) The owner or responsible party shall remit payment directly
to the governmental unit providing the service.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department
shall send all bills, notices, and other related materials to both the
fire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule 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 chapter
may bill the responsible party for the total value of the assistance
provided, as determined from the state fire marshal's schedule of
service 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 deposited
in one (1) of the following:
(1) The general fund of the unit that established the fire
department under IC 36-8-2-3 or IC 36-8-13-3(a)(1).
(2) A hazardous materials response fund established under
section 8.1 of this chapter by a city or town having a fire
department established under IC 36-8-2-3.
(b) Money collected under this chapter may be used only for the
following:
(1) Purchase of supplies and equipment used in providing
hazardous materials emergency assistance under this chapter.
(2) Training for members of the fire department in skills
necessary for providing hazardous materials emergency
assistance under this chapter.
(3) Payment to persons with which the fire department contracts
to provide services related to the hazardous materials
emergency assistance provided by the fire department under this
chapter.
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; fund
administration
Sec. 8.1. (a) The fiscal body of each city or town that establishes
a 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 administered
by the unit's fiscal officer, and the expenses of administering the fund
shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be invested
in the same manner as other public funds may be invested. Interest
that accrues from these investments shall be deposited in the fund.
Money in the fund at the end of a particular fiscal year does not
revert 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 for
services provided that duplicate services provided by another
governmental entity.
(b) The responsible party billed for services under this chapter
may elect to reimburse the fire department by providing replacement
materials that are of equal or greater value than those expended by
the 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 under
this chapter and maintains an action for reimbursement under
IC 13-25-6-5 may recover all costs of the action, including attorney's
fees. 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 to
pay the full amount of a charge made under this chapter within sixty
(60) days after the issuance of the bill for payment by the fire
department. The amount of the penalty is ten percent (10%) of the
amount of the charge that remains unpaid on the due date. As added by P.L.33-2001, SEC.3.
IC 36-8-12.2
Chapter 12.2. Hazardous Materials Emergency Action
Reimbursement
IC 36-8-12.2-1 "Facility" defined
Sec. 1. As used in this chapter, "facility" has the meaning set forth
in 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 fire
department 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 the
meaning 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 the
meaning 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 person
that is a responsible party with respect to a hazardous materials
emergency 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 hazardous
materials at a facility, involves a quantity of hazardous
materials that exceeds the spill quantities of hazardous materials
that must be reported under 327 IAC 2-6.1-5, as in effect on
January 1, 2001; and
(4) with respect to the release or imminent release of hazardous
materials from a mode of transportation, involves a quantity of
hazardous materials that exceeds the spill quantities of
hazardous materials that must be reported under 327 IAC
2-6.1-6, as in effect on January 1, 2001.
(b) The owner or responsible party shall remit payment directly
to the governmental unit providing the service.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department
shall send all bills, notices, and other related materials to both the
fire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule 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 chapter
may bill the responsible party for the total value of the assistance
provided, as determined from the state fire marshal's schedule of
service 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 deposited
in one (1) of the following:
(1) The general fund of the unit that established the fire
department under IC 36-8-2-3 or IC 36-8-13-3(a)(1).
(2) A hazardous materials response fund established under
section 8.1 of this chapter by a city or town having a fire
department established under IC 36-8-2-3.
(b) Money collected under this chapter may be used only for the
following:
(1) Purchase of supplies and equipment used in providing
hazardous materials emergency assistance under this chapter.
(2) Training for members of the fire department in skills
necessary for providing hazardous materials emergency
assistance under this chapter.
(3) Payment to persons with which the fire department contracts
to provide services related to the hazardous materials
emergency assistance provided by the fire department under this
chapter.
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; fund
administration
Sec. 8.1. (a) The fiscal body of each city or town that establishes
a 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 administered
by the unit's fiscal officer, and the expenses of administering the fund
shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be invested
in the same manner as other public funds may be invested. Interest
that accrues from these investments shall be deposited in the fund.
Money in the fund at the end of a particular fiscal year does not
revert 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 for
services provided that duplicate services provided by another
governmental entity.
(b) The responsible party billed for services under this chapter
may elect to reimburse the fire department by providing replacement
materials that are of equal or greater value than those expended by
the 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 under
this chapter and maintains an action for reimbursement under
IC 13-25-6-5 may recover all costs of the action, including attorney's
fees. 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 to
pay the full amount of a charge made under this chapter within sixty
(60) days after the issuance of the bill for payment by the fire
department. The amount of the penalty is ten percent (10%) of the
amount of the charge that remains unpaid on the due date. As added by P.L.33-2001, SEC.3.
IC 36-8-12.2
Chapter 12.2. Hazardous Materials Emergency Action
Reimbursement
IC 36-8-12.2-1 "Facility" defined
Sec. 1. As used in this chapter, "facility" has the meaning set forth
in 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 fire
department 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 the
meaning 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 the
meaning 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 person
that is a responsible party with respect to a hazardous materials
emergency 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 hazardous
materials at a facility, involves a quantity of hazardous
materials that exceeds the spill quantities of hazardous materials
that must be reported under 327 IAC 2-6.1-5, as in effect on
January 1, 2001; and
(4) with respect to the release or imminent release of hazardous
materials from a mode of transportation, involves a quantity of
hazardous materials that exceeds the spill quantities of
hazardous materials that must be reported under 327 IAC
2-6.1-6, as in effect on January 1, 2001.
(b) The owner or responsible party shall remit payment directly
to the governmental unit providing the service.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department
shall send all bills, notices, and other related materials to both the
fire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee
schedule 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 chapter
may bill the responsible party for the total value of the assistance
provided, as determined from the state fire marshal's schedule of
service 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 deposited
in one (1) of the following:
(1) The general fund of the unit that established the fire
department under IC 36-8-2-3 or IC 36-8-13-3(a)(1).
(2) A hazardous materials response fund established under
section 8.1 of this chapter by a city or town having a fire
department established under IC 36-8-2-3.
(b) Money collected under this chapter may be used only for the
following:
(1) Purchase of supplies and equipment used in providing
hazardous materials emergency assistance under this chapter.
(2) Training for members of the fire department in skills
necessary for providing hazardous materials emergency
assistance under this chapter.
(3) Payment to persons with which the fire department contracts
to provide services related to the hazardous materials
emergency assistance provided by the fire department under this
chapter.
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; fund
administration
Sec. 8.1. (a) The fiscal body of each city or town that establishes
a 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 administered
by the unit's fiscal officer, and the expenses of administering the fund
shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be invested
in the same manner as other public funds may be invested. Interest
that accrues from these investments shall be deposited in the fund.
Money in the fund at the end of a particular fiscal year does not
revert 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 for
services provided that duplicate services provided by another
governmental entity.
(b) The responsible party billed for services under this chapter
may elect to reimburse the fire department by providing replacement
materials that are of equal or greater value than those expended by
the 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 under
this chapter and maintains an action for reimbursement under
IC 13-25-6-5 may recover all costs of the action, including attorney's
fees. 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 to
pay the full amount of a charge made under this chapter within sixty
(60) days after the issuance of the bill for payment by the fire
department. The amount of the penalty is ten percent (10%) of the
amount of the charge that remains unpaid on the due date. As added by P.L.33-2001, SEC.3.
