Sec. 10.4. (a) Except as provided in subsection (c), each year, a fee is imposed on a facility that must submit an emergency and hazardous chemical inventory form under section 10 of this chapter. The amount of the fee is as follows:
(1) For a facility in which at least one million (1,000,000) pounds of any hazardous chemical was present at one (1) time during the year preceding the year in which the fee is imposed, a fee of two hundred dollars ($200).
(2) For a facility in which, in the year preceding the year in which the fee is imposed, one (1) or more hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. 11022(b), but the total amount of any hazardous chemical present did not at any one (1) time equal or exceed one million (1,000,000) pounds, a fee of one hundred dollars ($100).
(3) For a facility that contains underground storage tanks (as defined in IC 13-11-2-241) and was subject to the reporting requirement in 42 U.S.C. 6991a(a), but in which, in the year preceding the year in which the fee is imposed, no hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. 11022(b) (other than substances stored in underground storage tanks that must be reported under 42 U.S.C. 6991a(a)), a fee of fifty dollars ($50).
(b) A facility subject to the fee imposed by this section shall pay this fee as required by section 10 of this chapter.
(c) The fee established by this section is not applicable to a facility that is owned or operated by any of the following:
(1) The United States government or an agency or instrumentality of the United States government.
(2) The state and its agencies.
(3) A state educational institution as defined in IC 21-7-13-32.
(4) A political subdivision as defined in IC 36-1-2-13.
As added by P.L.85-2015, SEC.13. Amended by P.L.10-2017, SEC.1.
Structure Indiana Code
Article 25. Hazardous Substances
Chapter 2. Emergency Planning and Notification
13-25-2-1. Applicability of Chapter
13-25-2-2. Applicability of Chapter; Designation of Additional Facilities
13-25-2-3. Notice That Facility Is Subject to Requirements of Chapter
13-25-2-4. Notice to Administrator
13-25-2-5. Local Emergency Plan
13-25-2-6. Notice of Release of Substances
13-25-2-6.5. Evaluation of Notification Options; Toll Free Telephone Line to Be Provided
13-25-2-7. Notice From Owner or Operator
13-25-2-8. Material Safety Data Sheet
13-25-2-9. Emergency and Hazardous Chemical Inventory Form; Tier Ii Information
13-25-2-10. Filing of Emergency and Hazardous Chemical Inventory Form With Commission
13-25-2-10.4. Annual Fee; Exceptions
13-25-2-10.5. Local Emergency Planning Right to Know Fund
13-25-2-10.6. Distribution of Money in Local Emergency Planning and Right to Know Fund
13-25-2-10.7. Withholding Funding for Noncompliance
13-25-2-11. Fire Department; Access for Onsite Inspection; Notice of Location Information
13-25-2-12. Permission to Withhold Chemical Name and Identity Information
13-25-2-13. Duty to Release Chemical Identity Information
13-25-2-14. Disclosure to General Public
13-25-2-15. Civil Actions by Persons
13-25-2-16. Civil Actions by State or Unit of Local Government
13-25-2-17. Civil Actions by Commission or Local Emergency Planning Committee
13-25-2-19. Commission's Right of Entry, Inspection, and Copying