§ 36-8-12.2-6 — Imposition of service charges and administrative fees

Indiana § 36-8-12.2-6

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 12.2: Hazardous Materials Emergency Action

Text

(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.

Legislative History

As added by P.L.33-2001, SEC.3. Amended by P.L.182-2009(ss), SEC.437.