reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 21. Solid Waste Fees › 13-20-21-9. Payment of Solid Waste Disposal Fees

Sec. 9. Solid waste disposal fees must be paid under section 6 of this chapter by all solid waste disposal facilities, including solid waste landfills, incinerators, and construction\demolition disposal facilities. The owner or operator of a solid waste disposal facility shall pay the solid waste disposal fees at the same time the owner or operator is required to submit quarterly reports to the department under IC 13-20-22-11(e).
[Pre-1996 Recodification Citation: 13-7-16.1-2(j).]
As added by P.L.1-1996, SEC.10. Amended by P.L.159-2011, SEC.34; P.L.147-2015, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 21. Solid Waste Fees › 13-20-21-10. Delinquency Charge; Revocation of Permit

Sec. 10. (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 solid waste annual operation fee or an installment established by the department under IC 13-16-2 to the department 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 solid waste annual operation fee or ten percent (10%) of the installment, whichever is applicable. A delinquency charge is due and payable sixty (60) days after the date the solid waste annual operation fee is assessed or thirty (30) days after the date an installment is due.
(b) If a person does not remit a solid 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 solid 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 solid waste annual operation fee is assessed or not earlier than thirty (30) days after the date the 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 indicates that the department may revoke the person's permit for nonpayment after thirty (30) days.
[Pre-1996 Recodification Citation: 13-7-16.1-2(k).]
As added by P.L.1-1996, SEC.10. Amended by P.L.130-1996, SEC.5; P.L.2-1997, SEC.45.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 21. Solid Waste Fees › 13-20-21-11. Disposal Fees; Delinquency Charges; Revocation of Permit; Notice

Sec. 11. (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 solid waste disposal fee to the department not more than sixty (60) days after the date the fee is due, the person shall be assessed a delinquency charge equal to ten percent (10%) of the solid waste disposal fee. The delinquency charge shall be due and payable sixty (60) days after the date the solid waste disposal fee is due.
(b) If a person does not remit a solid waste disposal fee and any applicable delinquency charge not more than ninety (90) days after the date the solid waste disposal fee 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 solid waste disposal fee is assessed; 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 indicates that the department may revoke the person's permit for nonpayment after thirty (30) days.
[Pre-1996 Recodification Citation: 13-7-16.1-2(l).]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 21. Solid Waste Fees › 13-20-21-12. Groundwater Compliance Sampling Fees

Sec. 12. Groundwater compliance sampling fees established under this chapter apply to groundwater monitoring wells in existence at an operating land disposal facility at the time a solid waste annual operation fee concerning the land disposal facility is assessed.
[Pre-1996 Recodification Citation: 13-7-16.1-2(m).]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 21. Solid Waste Fees › 13-20-21-13. Payment of All Fees by Person or Facility in Multiple Fee Categories

Sec. 13. A person or a facility that is described in more than one (1) fee category under this chapter must pay all applicable fees.
[Pre-1996 Recodification Citation: 13-7-16.1-2(n).]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 21. Solid Waste Fees › 13-20-21-14. Payment and Deposit of Fees and Charges; Remission to Counties of Additional Fees

Sec. 14. (a) Except as provided in subsection (b), 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.
(b) Fees and delinquency charges collected under section 6(c) of this chapter are payable to the department. The department shall remit the revenue to the county treasurer of the county in which the landfill is located for deposit in the fund established by the county treasurer under IC 36-2-9-21.
[Pre-1996 Recodification Citation: 13-7-16.1-2(o).]
As added by P.L.1-1996, SEC.10. Amended by P.L.131-2006, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-1. Fee for Disposal or Incineration of Solid Waste

Sec. 1. (a) A fee is imposed on the disposal or incineration of solid waste in a final disposal facility in Indiana. Except as provided in section 14 of this chapter, the amount of the fee is as follows:
(1) For solid waste generated in Indiana, fifty cents ($0.50) a ton.
(2) For solid waste generated outside Indiana:
(A) fifty cents ($0.50) a ton; and
(B) if the board has adopted rules under subsection (b), an additional amount imposed under the rules.
(b) The board may adopt rules to establish and impose a fee on the disposal or incineration of solid waste that is:
(1) generated outside Indiana; and
(2) disposed of or incinerated in a final disposal facility in Indiana.
If rules are adopted under this subsection, the fee shall be set at an amount necessary to offset the costs incurred by the state or a county, municipality, or township that can be attributed to the importation of the solid waste into Indiana and the presence of the solid waste in Indiana.
(c) If solid waste has been subject to a fee under this section, the total amount of the fee paid shall be credited against any other fee to which the solid waste may later be subject under this section.
(d) A fee may not be imposed upon material used as alternate daily cover pursuant to a permit issued by the department under 329 IAC 10-20-13.
[Pre-1996 Recodification Citation: 13-9.5-5-1.]
As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.8; P.L.2-1998, SEC.49; P.L.131-2006, SEC.10; P.L.220-2014, SEC.9; P.L.250-2019, SEC.31.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-2. Establishment of Solid Waste Management Fund; Purpose; Administration of Fund; Sources; Investments

Sec. 2. (a) The state solid waste management fund is established to provide money for the following:
(1) Programs that provide grants and loans that provide education and promote the following:
(A) Recycling and the use of recycled materials.
(B) Waste reduction.
(C) Management of yard waste.
(2) Providing grants to implement household hazardous waste source reduction or recycling projects.
(3) Providing grants for household hazardous waste and conditionally exempting small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.
(4) Payments by the department under IC 13-20-17.7-6.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) The sources of money for the fund are the following:
(1) All fees deposited into the fund under section 12(2) of this chapter.
(2) Accrued interest and other investment earnings of the fund.
(3) Appropriations made by the general assembly.
(4) Gifts and donations from any person to the fund.
(5) Civil penalties imposed under IC 13-30-4 for violations of IC 13-20-17.7 and proceeds received following a criminal conviction in connection with a violation of IC 13-20-17.7.
(6) Subject to subsection (f), assets assigned and other contributions made by persons.
(7) Transfers from the Indiana recycling promotion and assistance fund under IC 4-23-5.5-14(k).
(8) Money credited to the fund from the environmental management special fund under IC 13-14-12-1(c).
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund resulting from assets assigned and other contributions made under subsection (c)(6) may be used only by the department of environmental management to make payments under IC 13-20-17.7-6.
[Pre-1996 Recodification Citation: 13-9.5-5-2.]
As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.9; P.L.237-1999, SEC.9; P.L.170-2006, SEC.16; P.L.137-2007, SEC.21; P.L.120-2022, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-2.1. Policy on Awarding of Grants

Sec. 2.1. (a) The department shall adopt and make available a policy concerning the award of grants under section 2 of this chapter.
(b) The policy must include the following considerations:
(1) No private sector services will be displaced if an equipment grant is awarded.
(2) The economic need of the district must be a consideration in awarding a grant.
As added by P.L.45-1997, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-3. Appropriation of Money; Approval of Expenditures

Sec. 3. (a) There is annually appropriated to the fund, for the purposes set forth in section 2(a) of this chapter, the amount of money deposited in the fund from the sources set forth in section 2(c) of this chapter.
(b) The governor and the budget agency must approve expenditures from the fund under section 2(a) of this chapter.
[Pre-1996 Recodification Citation: 13-9.5-5-3.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-4. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.1.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-5. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.2.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-6. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.3.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-7. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.4.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-8. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.5.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-9. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.6.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-10. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.7.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-11. Collection of State Solid Waste Management Fees; Quarterly Remittance to the Department With Report

Sec. 11. (a) The owner or operator of a final disposal facility is responsible for collecting the fees imposed under section 1 of this chapter from persons delivering solid waste to that facility.
(b) Each owner or operator may:
(1) deduct from the fees an amount equal to one percent (1%) of the fees collected; and
(2) retain this amount as compensation for collecting and remitting the fees;
if the fees collected and the reports required under subsection (e) are timely remitted and filed.
(c) If:
(1) the fees collected are remitted; or
(2) the required report is filed;
after the due date, the owner or operator shall remit all fees collected to the department.
(d) The owner or operator shall remit the remainder of the fees that the owner or operator collects during a quarter to the department at the same time that reports are required to be filed under subsection (e).
(e) The owner or operator of a final disposal facility shall file quarterly reports with the department concerning the fees collected under this section:
(1) on or before the fifteenth day of January, concerning the fees collected during the preceding quarter consisting of the months of October through December;
(2) on or before the fifteenth day of April, concerning the fees collected during the preceding quarter consisting of the months of January through March;
(3) on or before the fifteenth day of July, concerning the fees collected during the preceding quarter consisting of the months of April through June; and
(4) on or before the fifteenth day of October, concerning the fees collected during the preceding quarter consisting of the months of July through September.
An owner or operator shall submit the quarterly reports on forms provided by the department.
[Pre-1996 Recodification Citation: 13-9.5-5-4(a), (b), (c).]
As added by P.L.1-1996, SEC.10. Amended by P.L.220-2014, SEC.17; P.L.147-2015, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-12. Deposits in Funds

Sec. 12. The department shall deposit the following on a quarterly basis:
(1) Not less than fifty percent (50%) of the revenue from the fee imposed under section 1(a)(1) of this chapter into the Indiana recycling promotion and assistance fund established by IC 4-23-5.5-14.
(2) Not more than fifty percent (50%) of the revenue from the fee imposed under section 1(a)(1) of this chapter into the state solid waste management fund established by section 2 of this chapter.
(3) The revenue from the fee imposed under section 1(a)(2) of this chapter into the hazardous substance response trust fund established by IC 13-25-4-1.
[Pre-1996 Recodification Citation: 13-9.5-5-4(d).]
As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.11; P.L.2-1998, SEC.50; P.L.1-1999, SEC.39; P.L.220-2014, SEC.18; P.L.250-2019, SEC.32.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-13. Limitation on Imposition of Fee

Sec. 13. A fee may not be imposed by the state under section 1 of this chapter on the disposal of solid waste by a person who:
(1) generated the solid waste; and
(2) disposed of the solid waste at a site that is:
(A) owned by the person; and
(B) limited, for purposes of the disposal of solid waste, to use by that person for the disposal of solid waste generated by that person.
[Pre-1996 Recodification Citation: 13-9.5-5-5.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-14. Contiguous Governmental Units; Solid Waste Management Agreement; Fee Imposed

Sec. 14. If:
(1) the:
(A) county executive of the county; or
(B) board of directors of the district;
in which a final disposal facility is located has entered into an agreement concerning solid waste management with a governmental unit that is, or that is located within, a county that is contiguous to Indiana but within another state; and
(2) the agreement provides for solid waste generated in that governmental unit to be disposed of in the final disposal facility;
the fee imposed under this chapter upon the disposal in the final disposal facility of solid waste generated in that governmental unit is the fee set forth in section 1(b)(1) of this chapter, not the fee set forth in section 1(b)(2) of this chapter.
[Pre-1996 Recodification Citation: 13-9.5-5-6.]
As added by P.L.1-1996, SEC.10. Amended by P.L.2-1998, SEC.51; P.L.1-1999, SEC.40.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-15. Fee Collection; Determination of Weight of Solid Waste

Sec. 15. (a) For purposes of the collection of the fees imposed under section 1 of this chapter, the owner or operator of a final disposal facility that:
(1) 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 waste received at the final disposal facility;
may determine the weight of the solid waste received by conversion from the volume of the solid waste.
(b) The owner or operator shall apply the following conversion factors:
(1) Three and three-tenths (3.3) cubic yards of compacted solid waste equals one (1) ton of solid waste.
(2) Six (6) cubic yards of uncompacted solid waste equals one (1) ton of solid waste.
[Pre-1996 Recodification Citation: 13-9.5-5-7.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-16. Fees Not Revenues of Facility

Sec. 16. Fees prescribed by this chapter are not:
(1) revenues (as defined in IC 36-9-31-2) of a facility (as defined 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.
[Pre-1996 Recodification Citation: 13-9.5-5-8.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-17. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-9.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-18. Election and Exclusivity of Remedies

Sec. 18. The remedies provided by this chapter are cumulative. Action taken by the state may not be construed as an election to pursue a remedy to the exclusion of other remedies.
[Pre-1996 Recodification Citation: 13-9.5-5-10.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-19. Failure to Remit Collected Solid Waste Disposal or Incineration Fees; Offense

Sec. 19. A person who knowingly or intentionally fails to pay the fee to the department under section 11 of this chapter commits a Level 6 felony.
[Pre-1996 Recodification Citation: 13-9.5-5-11.]
As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013, SEC.189; P.L.220-2014, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-20. Repealed

[Pre-1996 Recodification Citation: 13-9.5-5-12.]
As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013, SEC.190. Repealed by P.L.220-2014, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 22. State Solid Waste Management Fees; State Solid Waste Management Fund › 13-20-22-21. Criminal Penalty for Application Misstatement

Sec. 21. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund commits a Level 6 felony.
As added by P.L.137-2007, SEC.22. Amended by P.L.158-2013, SEC.191.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 23. Municipal Waste Disposal Fees › 13-20-23-1. Application of Chapter

Sec. 1. This chapter applies to townships located in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).
As added by P.L.133-1998, SEC.6. Amended by P.L.119-2012, SEC.112; P.L.104-2022, SEC.84.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 23. Municipal Waste Disposal Fees › 13-20-23-2. Funds From Disposal Fees Received by Townships

Sec. 2. A township that has one (1) of the following populations and meets the requirements of section 3 of this chapter is entitled to receive the following percentage of disposal fees paid to the county in which the township is located:
Township Population
Percentage
Less than 3,000
8%
More than 3,200
6%
but less than 3,900
More than 60,000
6%
but less than 90,000
As added by P.L.133-1998, SEC.6. Amended by P.L.170-2002, SEC.88.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 23. Municipal Waste Disposal Fees › 13-20-23-3. Township Resolutions to Receive Funds From Disposal Fees

Sec. 3. To receive funds under section 2 of this chapter, the fiscal body of a township must do both of the following:
(1) Adopt a resolution that:
(A) identifies the host agreement that is the subject of the resolution;
(B) states that the township has elected to exercise its entitlement under section 2 of this chapter;
(C) states the percentage of the disposal fees the township elects to receive; and
(D) specifies that the disposal fees will be used to provide fire services within the township.
(2) File the resolution with the county auditor.
As added by P.L.133-1998, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 23. Municipal Waste Disposal Fees › 13-20-23-4. Review and Determination of Township Resolutions

Sec. 4. (a) Not more than thirty (30) days after the date a county auditor receives a resolution filed under section 3(2) of this chapter, the county auditor shall review the resolution for compliance with the requirements of sections 2 and 3 of this chapter. If the resolution meets all of the requirements, the county auditor shall:
(1) inform the county fiscal body and the township fiscal body;
(2) accrue disposal fees from the date the resolution is determined to be in compliance with sections 2 and 3 of this chapter under this subsection or subsection (b); and
(3) disburse the accrued disposal fees to the township, in the amount requested, on a quarterly basis.
(b) If the county auditor fails to make a determination concerning a resolution within the time allotted under subsection (a):
(1) the resolution is deemed to be in compliance with the requirements of sections 2 and 3 of this chapter; and
(2) the county auditor shall comply with subsection (a).
As added by P.L.133-1998, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 24. Host Agreement in a County Without Zoning › 13-20-24-1. County Without Zoning May Enter Into Host Agreement

Sec. 1. With respect to a landfill or landfill expansion located or proposed to be located in the unincorporated area of a county that does not zone under IC 36-7-4, the county and another person may enter into a host agreement under this chapter.
As added by P.L.131-2006, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 24. Host Agreement in a County Without Zoning › 13-20-24-2. Municipality in County Without Zoning May Enter Into Host Agreement

Sec. 2. With respect to a landfill or landfill expansion located or proposed to be located in a municipality in a county that does not zone under IC 36-7-4, the municipality and another person may enter into a host agreement under this chapter.
As added by P.L.131-2006, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 24. Host Agreement in a County Without Zoning › 13-20-24-3. Duties Under Host Agreement of Person Who Enters Into the Agreement With the County or Municipality

Sec. 3. A host agreement under this chapter must provide that the person that enters into the host agreement with the county or municipality agrees, in exchange for permission from the county or municipality to construct or operate a landfill in the county or municipality, to do one (1) or more of the following during the term of the host agreement:
(1) Make one (1) or more payments in designated amounts to the county or municipality.
(2) Construct, improve, or maintain infrastructure that supports or is otherwise related to the landfill.
(3) Provide to the county or municipality other consideration that supports or is otherwise related to the landfill.
As added by P.L.131-2006, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 24. Host Agreement in a County Without Zoning › 13-20-24-4. Use by County or Municipality of Payments Under Host Agreement

Sec. 4. A county or municipality that receives a payment under section 3(1) of this chapter may use the revenue only for the construction, improvement, or maintenance of infrastructure that supports or is otherwise related to the landfill.
As added by P.L.131-2006, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-2. "Fiscal Year"

Sec. 2. As used in this chapter, "fiscal year" means a period:
(1) beginning July 1 in a calendar year; and
(2) ending June 30 of the succeeding calendar year.
As added by P.L.126-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-3. "Municipal Waste"

Sec. 3. As used in this chapter, "municipal waste" means any:
(1) garbage;
(2) refuse;
(3) industrial lunchroom waste;
(4) office waste; or
(5) other, similar material;
that results from the operation of residential, municipal, commercial, or institutional establishments and community activities.
As added by P.L.126-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-4. "Recyclable Material"

Sec. 4. (a) As used in this chapter, "recyclable material" means municipal waste that is suitable for recycling.
(b) The term includes a post-use polymer.
As added by P.L.126-2014, SEC.9. Amended by P.L.54-2023, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-5. "Recyclable Materials Broker"

Sec. 5. As used in this chapter, "recyclable materials broker" means a person that:
(1) engages in the business of arranging for the collection, transportation, delivery, recycling, or reuse of recyclable materials; but
(2) does not take title to, or physical possession of, the recyclable materials.
As added by P.L.126-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-6. "Recycle"

Sec. 6. As used in this chapter, "recycle" means to take action by which recyclable materials are recovered from the solid waste stream for purposes of:
(1) use or reuse;
(2) conversion into raw materials; or
(3) use in the production of new products.
As added by P.L.126-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-7. "Recycler"

Sec. 7. (a) As used in this chapter, "recycler" means a person who recycles recyclable materials generated by more than one (1) person.
(b) The term includes the following:
(1) A recyclable materials broker.
(2) The owner or operator of a solid waste disposal facility regulated under IC 13-20-8 at which recycling occurs.
(3) The owner or operator of a material recovery facility.
(4) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).
As added by P.L.126-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-8. "Single Stream Recyclable Materials"

Sec. 8. As used in this chapter, "single stream recyclable materials" means a combination of two (2) or more types of recyclable materials that have been commingled and cannot be separated into individual types without processing.
As added by P.L.126-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-9. Mandatory Reporting of Recycling Activities

Sec. 9. (a) A recycler shall report the recycler's recycling activities under this section. A recycler may elect to report the recycler's recycling activities on an annual basis under subsection (b) or on a quarterly basis under subsection (c).
(b) A recycler that elects to report on an annual basis shall, in 2016 and each succeeding calendar year, before March 1, submit to the commissioner a completed recycling activity report concerning the recycling activities conducted by the recycler during the calendar year that ended on the most recent December 31.
(c) A recycler that elects to report on a quarterly basis shall, for the July through September quarter of 2014 and each succeeding quarter, not more than thirty (30) days after the end of the quarter, submit to the commissioner a completed recycling activity report concerning the recycling activities conducted by the recycler during the quarter. A quarterly report submitted under this subsection must concern the recycling activities conducted by the recycler during the period of:
(1) July through September;
(2) October through December;
(3) January through March; or
(4) April through June.
(d) A recycler shall submit a separate recycling activity report under this section for each reporting period, whether annual or quarterly, for each facility:
(1) that was owned or operated by the recycler; and
(2) at which the recycler conducted recycling activities;
during the reporting period.
As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-10. Voluntary Reporting of Recycling Activities

Sec. 10. (a) A person:
(1) who:
(A) is not required to submit a recycling activity report under section 9 of this chapter; but
(B) recycled recyclable materials during a calendar year;
(2) who:
(A) meets the definition of "scrap metal processing facility" set forth in IC 8-23-1-36;
(B) meets the definition of "automotive salvage recycler" set forth in IC 9-13-2-10;
(C) meets the definition of "recycling facility" set forth in IC 9-13-2-150.3;
(D) is engaged in business subject to IC 9-22-3;
(E) meets the definition of "automotive salvage rebuilder" set forth in IC 9-32-2-5;
(F) meets the definition of "scrap metal processor" set forth in IC 13-11-2-196.5;
(G) meets the definition of "core buyer" set forth in IC 25-37.5-1-0.2; or
(H) meets the definition of "valuable metal dealer" set forth in IC 25-37.5-1-1(b); or
(3) who:
(A) is not required to submit a recycling activity report under section 9 of this chapter; but
(B) took action during a calendar year to recover, from the solid waste stream, for purposes of:
(i) use or reuse;
(ii) conversion into raw materials; or
(iii) use in the production of new products;
materials that were not municipal waste;
may voluntarily submit a recycling activity report to the commissioner concerning the person's recycling activity during the calendar year.
(b) The commissioner shall include information reported to the commissioner under this section in the annual reports that the commissioner is required to submit under IC 4-23-5.5-6.
As added by P.L.126-2014, SEC.9. Amended by P.L.151-2015, SEC.79; P.L.147-2015, SEC.16; P.L.130-2018, SEC.68.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-11. Uniform Recycling Activity Report Form

Sec. 11. (a) Except as provided in subsection (b), a recycling activity report submitted to the commissioner under this chapter must be submitted on the uniform recycling activity report form posted by the commissioner on the department's Internet web site under section 12 of this chapter.
(b) If a uniform recycling activity report form is not posted on the department's Internet web site by July 1 in a calendar year in which a recycler is required to submit a completed recycling activity report under section 9(a) of this chapter, the recycler may satisfy the recycler's duties under this chapter by submitting to the commissioner, by a letter postmarked before August 1 of the calendar year, the types of information about the recycler's recycling activities during the calendar year that are set forth in section 12 of this chapter.
As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-12. Posting of Uniform Recycling Activity Report Form on Web Site

Sec. 12. (a) Not later than July 1, 2015, the commissioner shall post on the department's Internet web site a uniform recycling activity report form. The form must do the following:
(1) Provide for reporting of the:
(A) name and location of; and
(B) principal business activities conducted at;
the recycler's establishment.
(2) Include:
(A) an appropriate space for; and
(B) instructions requiring the completion of;
an appropriate certification, by signature of the recycler (if the recycler is an individual) or a senior official with management responsibility for the recycler (if the recycler is not an individual), of the accuracy and completeness of the recycling activity report.
(3) Provide for reporting of the quantity, in tons, of each type of recyclable material listed in subsection (b) that was in storage at the reporting recycler's establishment:
(A) at the start of the calendar year; and
(B) at the close of the calendar year.
(4) Provide for reporting of the quantity, in tons, of each type of recyclable material listed in subsection (b) that was transported from the reporting recycler's establishment, or (in the case of a recycler that is a recyclable materials broker) that was transported or delivered by arrangement of the recycler, to any of the following:
(A) Other recyclers located in Indiana.
(B) Persons that are located in Indiana but are not recyclers, including persons who may employ the recyclable material as a raw material or a new product without further recycling.
(C) Persons located outside Indiana.
(b) The uniform recycling activity report form posted on the department's Internet web site under subsection (a) must specify that the information to be reported by a recycler under subsection (a)(3) and (a)(4) must be reported separately for each of the following types of recyclable materials:
(1) Glass.
(2) Metal, including white goods (ferrous).
(3) Metal (nonferrous).
(4) Paper and paper products (all grades).
(5) Plastic and plastic products.
(6) Single stream recyclable materials.
(7) Any other distinct type of recyclable material not specified in subdivisions (1) through (6).
As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-13. Estimating Weight of Material Recycled

Sec. 13. A recycler is not required to measure directly the weight of recyclable materials for purposes of submitting a recycling activities report under this chapter. For the purposes of reporting the quantity, in tons, of a type of recyclable material recycled, a recycler may estimate the weight of the recyclable material by converting the volume of the recyclable material to weight based on the density of the recyclable material.
As added by P.L.126-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 25. Resource Conservation and Recycling › 13-20-25-14. Repealed

As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.19; P.L.112-2016, SEC.21. Repealed by P.L.130-2018, SEC.69.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 26. Central Indiana Waste Diversion Project › 13-20-26-2. Project Duties of Department

Sec. 2. (a) The department shall do the following:
(1) Develop forms for applicants to the central Indiana waste diversion project that include the following:
(A) Description of the methods for waste collection, sorting, and diversion.
(B) Requirements for data collection and reporting, including the amount and type of waste that is being diverted.
(C) Information on proposed entities to receive diverted waste.
(D) Any additional information necessary to assess potential success of the proposal.
(2) Make the forms described in subdivision (1) available on or before July 1, 2022.
(3) Accept applications through October 1, 2022, for consideration.
(4) Provide recommendations to the Indiana recycling market development board on or before December 1, 2022.
(b) Once the first round of grants are awarded to the selected projects, the department shall do the following:
(1) Update the forms described in subsection (a)(1), including the addition of research and development as eligible for consideration of a project grant.
(2) Make the forms described in subsection (a)(1) available on or before July 1, 2024.
(3) Accept applications through October 1, 2024, for consideration.
(4) Provide recommendations to the Indiana recycling market development board, including recommendations on one (1) or more research and development projects, on or before December 1, 2024.
(c) The Indiana recycling market development board may do the following:
(1) Request additional information from a grant applicant if the board determines that the information provided does not meet the requirements of section 1 of this chapter.
(2) Reopen eligibility for applicants of a project if the board determines that, after requesting additional information under this subsection, none of the submissions meet the goals of the waste diversion project and the requirements of section 1 of this chapter.
(3) Adjust the time frames in this section to allow for an additional round of application submissions if the board makes a determination to reopen eligibility under this subsection.
(4) Use funds allocated but not used in a previous round of grants to award grants to applicants in a subsequent round.
(d) Not withstanding financial limitations, the Indiana recycling market development board may consider and award grants to a wide range of projects, regardless of the:
(1) duration; or
(2) type;
of project.
(e) The department shall provide information on the department website if the Indiana recycling market development board makes a determination to reopen eligibility for grant applications under this section.
As added by P.L.120-2022, SEC.8. Amended by P.L.153-2023, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 26. Central Indiana Waste Diversion Project › 13-20-26-3. Award Totals

Sec. 3. To implement the second round of grants described in this chapter, the Indiana recycling market development board shall award not more than a total of two million dollars ($2,000,000) to applicants.
As added by P.L.153-2023, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 1. Registration Programs › 13-20.5-1-2. Requirements for Sale of Video Display Devices From Manufacturer to Retailer

Sec. 2. After 2009, a manufacturer may not sell, offer for sale, or deliver to a retailer for subsequent sale a new video display device unless:
(1) the video display device is labeled with the manufacturer's brand that is permanently affixed and readily visible; and
(2) the manufacturer has submitted a registration to the department under section 1 of this chapter.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 1. Registration Programs › 13-20.5-1-3. Registration Applies to Program Year; Department Review and Listing of Manufacturers and Brands

Sec. 3. (a) A registration received from a manufacturer by the department under this chapter is, except as provided in subsection (b), effective for the program year for which the registration is submitted under section 1 of this chapter.
(b) The department shall review each registration and notify a manufacturer of any information required by this chapter that is omitted from the manufacturer's registration. Not more than thirty (30) days after the date a manufacturer receives notification from the department concerning incomplete information in the manufacturer's registration, the manufacturer shall submit a revised registration that includes the information required by the department. A registration received from a manufacturer by the department under this subsection is, unless the manufacturer receives a second or subsequent notification from the department concerning incomplete information, effective for the program year for which the registration is submitted under section 1 of this chapter.
(c) The department shall maintain on an Internet web site the names of manufacturers and the manufacturers' brands listed in registrations submitted to the department. The department shall update the Internet web site information promptly upon receipt of a new or updated registration. The Internet web site must contain prominent language stating that:
(1) this article is directed at video display devices used by households; and
(2) the manufacturers' brands list is not a list of manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt from the requirements of this article.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 1. Registration Programs › 13-20.5-1-4. Requirements to Operate as Collector; Effective Period of Registration

Sec. 4. (a) A person may not operate as a collector of covered electronic devices from covered entities unless the person:
(1) has submitted to the department a completed registration form as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registration submitted under this section:
(1) is effective upon receipt by the department; and
(2) must be submitted for a program year not later than March 1 of the program year.
As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.42; P.L.200-2017, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 1. Registration Programs › 13-20.5-1-5. Requirements to Operate as Recycler; Effective Period of Registration

Sec. 5. (a) A person may not recycle covered electronic devices generated by covered entities unless the person:
(1) has submitted to the department a completed registration form as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registered recycler may conduct recycling activities that are consistent with this article.
(c) A registration submitted under this section:
(1) is effective upon receipt by the department; and
(2) must be submitted for a program year not later than March 1 of the program year.
As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.43; P.L.200-2017, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 1. Registration Programs › 13-20.5-1-6. Department May Revoke Collector or Recycler Registration

Sec. 6. The department may revoke the registration of a collector or recycler that violates either or both of the following:
(1) This article.
(2) 329 IAC 16.
As added by P.L.178-2009, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 20.5. Electronic Waste › Chapter 2. Manufacturer's Registration Fee; Electronic Waste Fund › 13-20.5-2-2. Petition for Relief From Variable Recycling Fee

Sec. 2. Not later than sixty (60) days after the date of the statement provided to a manufacturer under section 1(c) of this chapter, the manufacturer may petition the Indiana recycling market development board created by IC 4-23-5.5-2 for relief from the variable recycling fee imposed under section 1 of this chapter upon showing of good cause. In determining whether to grant a petition for relief under this section, the Indiana recycling market development board shall determine whether the manufacturer has made good faith progress to achieve substantial compliance with this article. A determination by the Indiana recycling market development board under this subsection is not subject to appeal by the manufacturer.
As added by P.L.178-2009, SEC.27.