This text of Indiana § 13-22-12-3.6 (Hazardous waste disposal fee revenue; deposit in hazardous substances
response trust fund; county fund) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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).
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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.