Current through September 18, 2024
Authority: IC 13-14-8; IC 13-16; IC 13-22
Affected: IC 13-15-11; IC 13-16; IC 13-22-2; IC 13-22-12; IC
13-30-4
Sec. 14.1.
(a) The
following definitions apply throughout this section:
(1) "Boilers and industrial furnaces" or
"BIFs" means facilities as defined under "boilers" and "industrial furnaces" in
40
CFR 260.10 *.
(2) "Class 2 modification" refers to the
modification classification system described under
40 CFR
270.42 *.
(3) "Class 3 modification" refers to the
modification classification system described under
40 CFR
270.42 *.
(4) "Ground water monitoring well" means a
device required by a permit condition or applicable rule to monitor the quality
of ground water during a twelve (12) month period.
(5) "Land disposal" includes interim status
and permitted hazardous waste landfills and interim status and permitted
hazardous waste surface impoundments.
(6) "Large quantity generator" has the
meaning set forth in
40
CFR 260.10 *.
(7) "Operation" or "operating" means the
following:
(A) A hazardous waste treatment,
storage, or disposal unit that will close by removing all waste is considered
operating if waste is present in the unit as of January 1.
(B) A disposal unit that will close leaving
waste in place is considered operating until the unit has permanently stopped
receiving waste as of January 1.
(8) "Storage" means the term as defined in
40
CFR 260.10 * and includes interim status and
permitted hazardous waste storage.
(9) "Treatment" means the term as defined in
40
CFR 260.10 * and includes interim status and
permitted hazardous waste treatment. The term does not include treatment that
is excluded from permitting or interim permitting under
40
CFR 261.4 *,
40 CFR
261.6 *, and
40 CFR
262.14 through
40
CFR 262.17 *.
(b) Hazardous waste fees are as follows:
(1) New permit application fees are as
follows:
|
(A) Land disposal: |
$40,600 |
|
(B) Incinerator (per unit): |
$21,700 |
|
(C) Storage: |
$23,800 |
|
(D) Treatment (including boilers and industrial
furnaces): |
$23,800 |
|
(2) Permit renewal and Class 3 modification fees are
as follows: |
|
(A) Land disposal: |
$58,600 |
|
(B) Incinerator (per unit): |
$37,400 |
|
(C) Storage: |
$29,660 |
|
(D) Treatment (including boilers and industrial
furnaces): |
$29,660 |
|
(3) Class 2 modification fee: |
$2,250 |
|
(4) Annual operation fees are as follows: |
|
(A) Land disposal: |
$50,000 |
|
(B) Incinerator (per unit): |
$17,245 |
|
(C) Storage: |
$4,300 |
|
(D) Treatment (including boilers and industrial
furnaces): |
$17,245 |
|
(E) Large quantity generator: |
$2,500 |
|
(F) Post-closure activity: |
$1,500 |
|
(G) Ground water compliance sampling at active
facilities (per well): |
$2,100 |
(c) For the disposal of hazardous waste in
Indiana, the following requirements apply:
(1) Fees for hazardous waste disposal are as
follows:
(A) For hazardous waste disposed of
in a disposal facility, eleven dollars and fifty cents ($11.50) per ton. If
hazardous waste is mixed with or dissolved or suspended in water or another
liquid at the time it is disposed of in a disposal facility, the entire
mixture, solution, or suspension disposed of is considered hazardous waste
disposed of in a disposal facility for the purposes of this clause.
(B) For hazardous waste disposed of by
underground injection, eleven dollars and fifty cents ($11.50) per ton. A
person required to pay disposal fees under this clause is not liable for more
than twenty-five thousand dollars ($25,000) in disposal fees under this clause
for all hazardous waste disposed of by the person by underground injection in
one (1) calendar year.
(2) Fees imposed under subdivision (1)(A)
must be paid by the operator of the disposal facility at which the hazardous
waste is disposed. For hazardous waste disposed of by underground injection at
a location other than a disposal facility, the fee imposed on the disposal of
the hazardous waste under subdivision (1)(B) must be paid by the person
disposing of the hazardous waste.
(3) Fees imposed under this subsection begin
accruing on January 1 of each year. The fees that accrue under this subsection
during a calendar year must be paid to the department on or before March 1 of
the following year.
(4) The fees
imposed under this subsection must be based on the total tonnage of hazardous
waste disposed. The fees do not apply to the treatment or storage of hazardous
waste in a disposal facility.
(5)
The fees paid to the department under this subsection must be handled in
accordance with IC 13-22-12-3.6.
(d) Requirements for application fees are as
follows:
(1) The fees must be submitted with
the hazardous waste permit application.
(2) The commissioner shall deny hazardous
waste permit applications without the application fee.
(3) The fees are not refundable once staff
review of the application has commenced.
(e) The following requirements apply to
persons or facilities subject to the annual operation fee schedule:
(1) Annual operation fees established in IC
13-22-12-3 apply to facilities listed in subsection (b) that:
(A) operate with a permit;
(B) operate under interim status;
(C) are a large quantity generator;
or
(D) otherwise manage hazardous
waste subject to regulation under IC 13-22-2.
(2) A hazardous waste management facility
permitted as of January 1 of the assessed year must pay annual operation fees,
even if not yet constructed or receiving waste.
(3) Waivers for large quantity generators are
prohibited.
(4) A permitted
treatment, storage, or disposal facility that has the ability to manage
hazardous waste must pay the applicable fee, whether or not hazardous waste is
being managed at the facility.
(5)
Permitted treatment and storage facilities that close by removing all waste are
not required to pay a post-closure fee because the facility is no longer
regulated.
(6) Facilities that are
issued a post-closure permit must pay the post-closure fee that is assessed for
the duration of the postclosure period.
(7) A person shall remit a hazardous waste
annual operation fee or an installment allowed by subsection (g) to the
commissioner:
(A) no more than thirty (30)
days after the date the fee is assessed; or
(B) by the date the installment is
due.
(8) A person or
facility that is described in more than one (1) category under this section
shall pay all applicable fees.
(f) The following requirements apply to
hazardous waste annual operation fees:
(1)
Hazardous waste annual operation fees begin accruing on January 1 of each
year.
(2) The commissioner shall:
(A) assess hazardous waste annual operation
fees not later than June 15 for the current year's activities; and
(B) base the assessment on a large quantity
generator's previous year's activities as defined by the large quantity
generator.
(g) Installment payments may be allowed as
follows:
(1) The commissioner shall allow a
person to remit installments on the annual fee if:
(A) the person determines that a single
payment of the entire fee is an undue hardship; and
(B) the commissioner receives written
notification requesting consideration of installment payments before January 30
of the invoiced year.
(2) Installments paid on a:
(A) quarterly basis are due on:
(i) February 15;
(ii) May 15;
(iii) August 15; and
(iv) November 15; or
(B) semiannual basis are due on:
(i) February 15; and
(ii) August 15.
(3) The commissioner shall not
send a notice of the installment method to the person who notifies in
subdivision (1)(B).
(h)
In addition to the penalties described under IC 13-30-4, the following
requirements apply:
(1) A person shall be
assessed a delinquency charge equal to ten percent (10%) of the hazardous waste
annual operation fee or ten percent (10%) of the installment, whichever is
applicable, if the person does not remit a hazardous waste annual operation fee
or an installment established under subsection (g)(2) within:
(A) sixty (60) days after the date the fee is
assessed; or
(B) thirty (30) days
after the date the installment is due.
(2) The delinquency charge described in
subdivision (1) is due and payable:
(A) sixty
(60) days after the date the hazardous waste annual operation fee is assessed;
or
(B) thirty (30) days after the
date the installment is due.
(3) The commissioner may revoke a person's
permit if the person does not remit the hazardous waste annual operation fee or
an installment established by the commissioner and any applicable delinquency
charge within:
(A) ninety (90) days after the
date the hazardous waste annual operation fee is assessed; or
(B) sixty (60) days after the date the
installment is due.
(4)
Before revoking a person's permit under subdivision (3), the commissioner shall
send a written notice by certified mail that:
(A) describes what fees and delinquency
charge are due; and
(B) indicates
that the commissioner may revoke the person's permit for nonpayment thirty (30)
days after receipt of the notice.
(i) The fees and delinquency charges
collected under this section:
(1) are payable
to the department; and
(2) must be
deposited in the environmental management permit operation fund established
under IC 13-15-11.
*These documents are incorporated by reference. Copies may
be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.
