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.
Structure Indiana Code
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
13-20-22-2.1. Policy on Awarding of Grants
13-20-22-3. Appropriation of Money; Approval of Expenditures
13-20-22-12. Deposits in Funds
13-20-22-13. Limitation on Imposition of Fee
13-20-22-14. Contiguous Governmental Units; Solid Waste Management Agreement; Fee Imposed
13-20-22-15. Fee Collection; Determination of Weight of Solid Waste
13-20-22-16. Fees Not Revenues of Facility
13-20-22-18. Election and Exclusivity of Remedies
13-20-22-19. Failure to Remit Collected Solid Waste Disposal or Incineration Fees; Offense