2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-3.6. Hazardous Waste Disposal Fee Revenue; Deposit in Hazardous Substances Response Trust Fund; County Fund

Sec. 3.6. (a) The fees collected under section 3.5 of this chapter upon the disposal of a quantity of hazardous waste shall be deposited and paid over as follows:
(1) Seventy-five percent (75%) shall be deposited in the hazardous substances response trust fund established by IC 13-25-4-1.
(2) Twenty-five percent (25%) shall be paid over to the county in which the hazardous waste is disposed of.
(b) Except as provided in subsection (e), and subject to subsections (f) and (g), the revenue paid over to the county under subsection (a)(2) shall be deposited in a separate fund established by the county for the purposes of the following:
(1) Establishing monitoring wells on land near the site of the disposal facility.
(2) Analyzing samples from the monitoring wells established under subdivision (1).
(3) Conducting other types of testing and surveillance for hazardous waste contamination of land near the disposal facility.
(4) Providing training for county and local public health and public safety officers in the proper procedures for dealing with emergencies involving hazardous substances or hazardous waste.
(5) Providing special clothing and equipment needed by county and local public health and public safety officers for dealing with emergencies involving hazardous substances or hazardous waste.
(6) Funding research on alternatives to land disposal as a means of eliminating hazardous waste.
(7) Paying the cost of hazardous waste, hazardous substance, or solid waste removal and remedial action at a site located within the county.
(8) Meeting the county's requirements under IC 13-21 for the planning and implementation of a solid waste management district plan.
(9) Paying the costs associated with the construction or rehabilitation of a facility used for training described in subdivision (4).
(10) Paying the costs associated with any other project that has identifiable environmental benefits.
(11) Paying the costs associated with the construction, structural rehabilitation, and equipment of a facility used for either of the following purposes:
(A) A county public safety central dispatch.
(B) A county emergency operations center.
(12) Paying costs associated with the maintenance or repair of county roads.
(13) Paying for the costs of county ambulance service.
(c) The county fund established under subsection (b) shall be administered by the county treasurer, 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 county general fund.
(d) No money in the county fund established under subsection (b) shall be used for activities authorized in subsection (b)(8) or (b)(9) until the purposes listed in subsection (b)(1) through (b)(7) have been fulfilled.
(e) Subsection (b)(9), (b)(10), and (b)(11) do not apply to a county having a population of more than three hundred thousand (300,000) and less than four hundred thousand (400,000).
(f) The county may not pay from the county fund established under subsection (b) in a calendar year for the purposes set forth in subsection (b)(11) an amount that exceeds ten percent (10%) of the balance in the fund as of January 1 of that calendar year.
(g) If a county expends money in the county fund established under subsection (b) for the maintenance or repair of county roads, the county may not annually expend more than ten percent (10%) of the balance in the fund (as determined on January 1 of the calendar year in which the expenditures are made) for those purposes.
(h) A fund established by a county under IC 6-6-6.6-3 before its repeal:
(1) satisfies the requirement of subsection (b) that a county establish a fund;
(2) shall be administered under subsection (c); and
(3) is in all other respects subject to this section.
(i) Money deposited in a fund established by a county under IC 6-6-6.6-3 before its repeal:
(1) may remain in the fund; and
(2) may be used for the purposes set forth in subsection (b), subject to subsections (d) through (g);
notwithstanding the repeal of IC 6-6-6.6-3.
As added by P.L.220-2014, SEC.24. Amended by P.L.11-2023, SEC.50.