Bill Text: IN SB0131 | 2012 | Regular Session | Enrolled
Bill Title: Environmental matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [SB0131 Detail]
Download: Indiana-2012-SB0131-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning environmental law.
(1) the air pollution control board;
(2) the water pollution control board; or
(3) the solid waste management board.
(b) "Board", for purposes of IC 13-17, refers to the air pollution control board.
(c) "Board", for purposes of IC 13-18, refers to the water pollution control board.
(d) "Board", for purposes of:
(1) IC 13-19;
(2) IC 13-20;
(3) IC 13-22;
(4) IC 13-23, except IC 13-23-11;
(5) IC 13-24; and
(6) IC 13-25;
refers to the solid waste management board.
(e) "Board", for purposes of IC 13-21, refers to the board of directors of a solid waste management district.
(f) "Board", for purposes of IC 13-23-11, refers to the underground
storage tank financial assurance board.
(g) "Board", for purposes of IC 13-26, refers to the board of trustees
of a regional water, sewage, or solid waste district.
(h) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to the
clean manufacturing technology board.
(1) reduces the manufacturing use of toxic materials; or
(2) reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the:
(A) recycling;
(B) release;
(C) handling;
(D) storage;
(E) transport;
(F) treatment; or
(G) disposal;
of the waste.
(b) The term includes changes in production technology, materials, processes, operations, or procedures.
(c) The term does not include the following:
(1) A practice that is applied to an environmental waste after the waste:
(A) is generated or comes into existence; or
(B) exits a production unit or operation.
(2) Waste burning in:
(A) industrial furnaces;
(B) boilers;
(C) smelters; or
(D) cement kilns;
for purposes of energy recovery.
(3) Waste shifting.
(4) Offsite recycling.
(5) Onsite recycling, including the following:
(A) Inprocess recycling.
(B) Inline recycling.
(C) Out-of-process recycling.
(D) Closed loop recycling.
(E) Any other onsite recycling method.
(6) Any other method of end-of-pipe management of environmental wastes, including the following:
(A) Waste exchange.
(B) The incorporation or embedding of regulated environmental wastes into products or byproducts.
(1) whether or how they are regulated; and
(2) whether they are released to the general environment or the workplace environment.
(1) in Indiana; or
(2) for sale in Indiana.
(1) manufactures video display devices to be sold under the person's own brand or a brand the person licenses as identified by the person's own brand label or the brand label the person licenses;
(2) sells video display devices manufactured by others under the person's own brand or a brand the person licenses as identified by
the person's own brand label or the brand label the person
licenses; or
(3) assumes the responsibilities and obligations of a manufacturer
under IC 13-20.5.
(1) transported to;
(2) produced at;
(3) used at;
(4) accumulated or stored at;
(5) released from; or
(6) transported from;
a business or manufacturing facility as a waste or pollutant, as a commercial product or byproduct, in a commercial product or byproduct, or as a component of a commercial product or byproduct, based upon an analysis of each process or operation at the business or manufacturing facility.
(1) air;
(2) water;
(3) land; and
(4) workplace environmental;
media into which pollutants and wastes are emitted, released, discharged, or disposed.
has the meaning set forth in IC 13-20.5-1-1.
JULY 1, 2012]: Sec. 195.7. (a) "Sale" or "sell", for purposes of sections
126(c) 126(b) and 194(c) of this chapter and IC 13-20.5, means a
transfer for consideration of title or of the right to use by a:
(1) lease or sales contract, including transactions conducted
through sales outlets, catalogs, or the Internet or any other similar
electronic means either inside or outside Indiana; and
(2) person that conducts the transaction and controls the delivery
of a video display device to a consumer in Indiana.
(b) The term does not include a manufacturer's or distributor's
wholesale transaction with a distributor or retailer.
(1) A chemical substance in a gaseous, liquid, or solid state that meets the definition of hazardous substance in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601(14)).
(2) A mixture of substances described in subdivision (1).
(3) An element, a substance, a compound, or a mixture designated by the commissioner as a toxic or hazardous substance.
(4) A mixture of substances containing a substance described in subdivision (1).
grinding. The term does not include a retail operation that cuts or
shreds waste tires generated by the retail operation.
(1) a site at which at least one thousand (1,000)
(2) a site at which at least two thousand (2,000)
(1) accepting waste tires;
(2) transporting the waste tires to one (1) or more other locations.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 16. The clean manufacturing
technology board established by IC 13-27.5 (repealed) is abolished.
All powers, duties, assets, and liabilities of the clean manufacturing
technology board are transferred to the department.
(b) A person may not engage in:
(1) the cleaning of sewage disposal systems; or
(2) the transportation, treatment, storage, or disposal of septage;
without a septage management permit unless the person is exempted under section 7 of this chapter.
(1) Standards for the following:
(A) The issuance of septage management permits under section 3 of this chapter.
(B) Transportation, storage, and treatment of septage, and disposal of septage, including land application.
(b) The board may designate a county or city health agency as the board's agent to approve land application sites in accordance with rules
adopted under this section.
(1) septage management permits; and
under this chapter.
(b) A permit fee may not exceed one hundred dollars ($100) per year.
(c) A
(d) Whenever the board designates a county or city health agency as the board's agent to approve land application sites under this chapter, the county or city health agency shall collect and retain the land application approval fee.
(1) Violation of a requirement of this chapter, rules adopted under this chapter, a permit,
(2) Failure to disclose all relevant facts.
(3) A misrepresentation made in obtaining the permit
(4) Failing to meet the qualifications for a permit
(5) Changes in circumstances relating to the permit
(1) engaged in:
(A) servicing or maintaining publicly owned wastewater treatment facilities; or
(B) transportation of wastewater from a publicly owned wastewater treatment facility;
as long as the wastewater at that facility has been fully treated and is stabilized;
(2) transporting septage from the point of its removal to another location on the same site or tract owned by the same person, although disposal of the septage must be done in accordance with this chapter; or
(3) a homeowner who cleans and services the sewage disposal system serving only the homeowner's residence, although transportation and disposal of septage, including land application, must be done in compliance with this chapter.
incinerator with those of other proven and operating incinerator
designs.
(4) A description of control and air monitoring instrumentation
for the proposed incinerator.
(5) A description of safety, testing, and maintenance procedures
for the proposed incinerator, including:
(A) emergency shutdown if a system malfunctions;
(B) a maintenance schedule; and
(C) emissions testing and reporting.
(6) A pre-operational emissions test plan for the proposed
incinerator, including methods of stack sampling and analysis, to
establish that the incinerator meets regulatory emission standards.
(1) a provision requiring the permit holder to notify the department and appropriate local government officials of:
(A) any release of a contaminant in a quantity exceeding a control level
(B) any violation of operating requirements established in the permit;
(C) any unscheduled shutdown of the incinerator or associated equipment; or
(D) any damage to the incinerator or associated equipment that could, if unrepaired, result in a release of a contaminant in a quantity exceeding a control level
(2) a provision requiring that the notification be given not later than twenty-four (24) hours after the permit holder learns of the release, violation, shutdown, or damage.
(b) The provisions of this chapter concerning waste tire storage site and waste tire processing operation certificates of registration do not apply to the following:
(1) A facility operated as a
(5) A waste tire amnesty day sponsored by a local government.
(6) A facility that:
(A) manufactures tires; and
(B) keeps five thousand (5,000) or fewer waste tires indoors in an enclosed structure.
(1) Report annually to the department on the following:
(A) The number of
(B) The number and manner of disposal of the
(2) Maintain contingency plans to protect public health and the environment.
(3) If the person operates a waste tire storage site, maintain financial assurance acceptable to the department necessary for waste tire removal, in an amount specified in rules adopted by the board under section 11(b)(3) of this chapter.
(4) Maintain a copy of the certificate of registration at the site.
(5) Comply with applicable rules and requirements established by the fire prevention and building safety commission for indoor waste tire storage sites.
(6) Retain a copy of manifests received from a waste tire transporter under IC 13-20-14 for at least one (1) year and make a copy of the manifests available to the department upon request.
(1) The department may use not more than thirty-five percent (35%) of the money deposited in the fund each year for:
(A) the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly; and
(B) operating the waste tire education program under section 15 of this chapter.
(2) The department may use the remaining money deposited in the fund each year to:
(A) provide grants and loans under section 9(b) of this chapter to entities involved in waste tire management activities; and
(B) pay the expenses of administering the programs described in:
(i) subdivision (1)(B); and
(ii) clause (A).
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(d) Sources of money for the fund are the following:
(1) Fees paid under section 4(a)(6) of this chapter and
(2) Fees collected under section 7 of this chapter. All money deposited in the fund under this subdivision may be used by the department for waste reduction, recycling, removal, or remediation projects.
(3) Costs and damages recovered from a person or other entity under section 14 of this chapter or IC 13-20-14-8. All money deposited in the fund under this subdivision may be used by the department for removal and remediation projects.
(4) Fees established by the general assembly for the purposes of this chapter.
(5) Appropriations made by the general assembly.
(6) Gifts and donations intended for deposit in the fund. A gift or donation deposited in the fund under this subdivision may be specified to be entirely for the use of the department.
(7) Civil penalties collected under IC 13-30-4 for violations of:
(A) this chapter;
(B) IC 13-20-14; and
(C) rules adopted under section 11 of this chapter and IC 13-20-14-6.
All money deposited in the fund under this subdivision may be used by the department for eligible projects.
(1) for activities covered under the registration, including the:
(A) baling;
(B) transferring;
(C) cutting; or
(D) shredding;
of waste tires; or
(2) if the person stores or processes waste tires in a facility in accordance with this chapter and the rules adopted under this chapter.
(1) Delivery to a wholesaler or to an agent of a wholesaler.
(2) Delivery to a manufacturer of tires.
(3) Delivery to a facility that retreads tires.
(4) Delivery to a permitted final disposal facility regulated under environmental management laws.
(5) Delivery to a registered waste tire storage site.
(6) Delivery to a
(7)
(b) A person referred to in subsection (a) is not required to accept waste tires from a source of waste tires.
(1) The person's name.
(2) The address of the person's principal office.
(3) The addresses of any offices maintained by the person in Indiana.
(4) Evidence of financial assurance, maintained in accordance with rules adopted under section 6 of this chapter, in the amount
of at least ten thousand dollars ($10,000). The financial assurance
must be in the form of:
(A) a bond for performance, executed by a corporate surety
licensed to do business in Indiana;
(B) a negotiable certificate of deposit; or
(C) a negotiable letter of credit;
payable to the department and conditional upon faithful
performance of the requirements of this chapter and the
registration.
(c) (b) The rules adopted under section 6 of this chapter must adopt
a manifest form and require a waste tire transporter to prepare and
carry a manifest based upon that form each time a waste tire transporter
transports waste tires. The format and wording of the form must require
a waste tire transporter to enter information in each manifest indicating
the source and number of waste tires to be transported and the
destination to which the waste tires are transported.
(d) Until the rules prescribing a manifest form are adopted under
subsection (c), a waste tire transporter may use a manifest form
designed by the waste tire transporter. A form designed and used under
this subsection must meet the format and wording requirements set
forth in subsection (c).
(e) (c) A person who acts as a waste tire transporter in Indiana shall
pay an annual registration fee of twenty-five dollars ($25) that shall be
deposited in the waste tire management fund and appropriated to the
department for the department's use in providing for the removal and
disposal of waste tires from sites where the waste tires have been
disposed of improperly.
(f) (d) A waste tire transporter shall do the following:
(1) Retain a copy of a manifest described under this section for at
least one (1) year.
(2) Make a copy of a manifest described under this section
available to the department upon request.
(3) Report annually to the department the number of waste tires
passenger tire equivalents transported by the waste tire
transporter.
(4) Maintain financial assurance acceptable to the department in
accordance with subsection (b)(4). (a)(4).
(g) (e) The commissioner may include in a certificate of registration
issued under this chapter conditions that ensure compliance with:
(1) this chapter; and
(2) rules adopted by the board under this chapter;
including a compliance schedule.
(1) the application is incomplete;
(2) the applicant has failed to comply with the requirements of:
(A) this chapter;
(B) IC 13-20-13; or
(C) a rule adopted by the board under section 6 of this chapter or under IC 13-20-13-11; or
(3) an enforcement action is pending against the applicant.
(1) retain a copy of manifests received from a waste tire transporter under section 5 of this chapter for at least one (1) year; and
(2) make a copy of the manifests available to the department upon request.
(1) the reuse and recycling of mercury in:
(A) mercury commodities; and
(B) mercury-added products; and
(2) collection programs available to the public for:
(A) mercury commodities; and
(B) mercury-added products.
(b) The department, with assistance from districts and other appropriate persons, shall develop and provide districts with a curriculum model that includes educational core principles concerning the reuse, recycling, and collection of mercury. The districts shall implement educational programs that meet the minimum standards established by the department in the curriculum model.
may implement education educational programs to provide
information to the public concerning:
(1) the reuse and recycling of mercury in:
(A) mercury commodities; and
(B) mercury-added products; and
(2) collection programs available to the public for:
(A) mercury commodities; and
(B) mercury-added products.
(b) A manufacturer of video display devices sold or offered for sale to households as of January 1, 2010, shall submit a registration to the department not later than:
(1) April 1, 2010, for the program year that begins on April 1, 2010; and
(2) each immediately succeeding
(1) April 20, 2010, for the program year that begins on April 1, 2010; and
(2) each immediately succeeding
(1) twenty (20) days after the date the manufacturer begins to sell or offer for sale the video display devices for the program year in which the manufacturer begins to sell or offer for sale the video display devices; and
(2) each immediately succeeding
following:
(1) A list of the brands of video display devices offered for sale in
Indiana by the manufacturer, regardless of whether the
manufacturer owns or licenses the brand.
(2) The name, address, and contact information of a person
responsible for ensuring compliance with this article. The
department shall post the contact information provided by each
manufacturer on an Internet web site.
(3) A certification that the manufacturer or the manufacturer's
agent has complied and will continue to comply with the
requirements of this article.
(4) An estimate based on national sales data of the total weight in
pounds of the manufacturer's video display devices sold to
households during the most recent twelve (12) months:
(A) that precede the date of registration; and
(B) for which that data is available.
(5) A demonstration of how the manufacturer plans in the
program year for which the registration is submitted to meet the
recycling goal stated in IC 13-20.5-4-1.
(6) A statement that discloses whether:
(A) any video display devices sold by the manufacturer to
households exceed the maximum concentration values
established:
(i) for lead, mercury, cadmium, hexavalent chromium,
polybrominated biphenyls (pbbs), and polybrominated
diphenyl ethers (pbdes); and
(ii) under the directive restricting the use of certain
hazardous substances in electrical and electronic equipment
(RoHS Directive) 2002/95/EC of the European Parliament
and Council, as amended; or
(B) the manufacturer has received an exemption from any of
the maximum concentration values under the RoHS Directive
that has been approved and published by the European
Commission.
(e) (f) A manufacturer shall update the manufacturer's registration
under this section not more than ten (10) days after the date the
manufacturer changes the brand or brands of video display devices the
manufacturer sells or offers for sale to households.
person:
(1) has submitted to the department a completed registration form
as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registration submitted under this section: is:
(1) is effective upon receipt by the department; and
(2) valid for one (1) year from the date the registration is
submitted to the department. must be submitted not later than
November 1 for the next program year.
(1) has submitted to the department a completed registration form as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registered recycler may conduct recycling activities that are consistent with this article.
(c) A registration submitted under this section:
(1) is effective upon receipt by the department; and
(2)
(b) The registration fee for the initial program year to which the fee applies under subsection (a) is five thousand dollars ($5,000). For each program year thereafter, the registration fee is equal to two thousand five hundred dollars ($2,500).
(c) In addition to the registration fee under subsection (a), a manufacturer that registers under IC 13-20.5-1 and fails to meet the recycling goal under IC 13-20.5-4-1 is subject to a variable recycling fee for each program year that ends on March 31 of 2013 or December 31 of a later year. Not later than September 1, the department shall provide a statement to each manufacturer liable for the variable
recycling fee that states at least the following:
(1) The amount of the fee determined under subsection (d).
(2) The method of calculation of the fee.
(3) The due date of the fee.
(4) The opportunity to petition under section 2 of this chapter.
The department shall deposit the fee in the Indiana recycling promotion
and assistance fund established by IC 4-23-5.5-14.
(d) The amount of the variable recycling fee, if applicable, is the
amount determined in STEP FOUR of the following formula:
STEP ONE: Multiply the number of pounds of the manufacturer's
video display devices sold to households during the immediately
preceding program year, as reported in the manufacturer's
registration for the program year under IC 13-20.5-1-1(d)(4),
IC 13-20.5-1-1(e)(4), by the proportion of sales of video display
devices required to be recycled under IC 13-20.5-4-1.
STEP TWO: Subject to subsection (e), add the number of pounds
of covered electronic devices recycled by the manufacturer from
covered entities during the immediately preceding program year,
as reported to the department under IC 13-20.5-3-1(b), to the
number of recycling credits the manufacturer elects to use to
calculate the variable recycling fee, as reported to the department
under IC 13-20.5-3-1(c)(2).
STEP THREE: Subtract the number of pounds determined in
STEP TWO from the number of pounds determined in STEP
ONE.
STEP FOUR: Multiply the greater of zero (0) or the number of
pounds determined in STEP THREE by the per pound cost of
recycling established as follows:
(A) Forty cents ($0.40) per pound for manufacturers that
recycle less than fifty percent (50%) of the number of pounds
determined in STEP ONE.
(B) Thirty cents ($0.30) per pound for manufacturers that
recycle at least fifty percent (50%) but less than ninety percent
(90%) of the number of pounds determined in STEP ONE.
(C) Twenty cents ($0.20) per pound for manufacturers that
recycle at least ninety percent (90%) of the number of pounds
determined in STEP ONE.
(e) The following apply to the number of pounds of covered
electronic devices recycled by the manufacturer from covered entities
during the immediately preceding program year for purposes of
subsection (d), STEP TWO:
(1) Except as provided in subdivision (3), the number is
multiplied by one and one-tenth (1.1) to the extent that the
covered electronic devices were recycled in Indiana.
(2) Except as provided in subdivision (3), the number is
multiplied by one and five-tenths (1.5) to the extent that the
covered electronic devices were recycled from covered entities
not located in a metropolitan statistical area, as defined by the
federal Office of Management and Budget.
(3) The number is multiplied by one and six-tenths (1.6) to the
extent that the covered electronic devices were:
(A) recycled from covered entities not located in a
metropolitan statistical area, as defined by the federal Office
of Management and Budget; and
(B) recycled in Indiana.
(f) A manufacturer may retain recycling credits to be added, in
whole or in part, to the actual number of pounds of covered electronic
devices recycled by the manufacturer from covered entities during the
immediately preceding program year, as reported to the department
under IC 13-20.5-3-1(b), during any of the three (3) immediately
succeeding program years. A manufacturer may sell all or any part of
its recycling credits to another manufacturer, at a price negotiated by
the parties, and the other manufacturer may use the credits in the same
manner. For purposes of this subsection, the recycling credits for the
program year that begins April 1, 2010, are determined taking into
account covered electronic devices that the manufacturer recycled, or
arranged to have collected and recycled, both:
(1) in that program year; and
(2) after June 30, 2009, and before April 1, 2010.
(g) A manufacturer may not be charged a registration fee or a
variable recycling fee for any year in which the combined number of
video display devices produced by the manufacturer for sale to
households is less than one hundred (100).
(b) Not later than June 1 of 2011 and of each immediately
succeeding year, a manufacturer shall report to the department the total
weight in pounds of covered electronic devices the manufacturer:
(1) collected from eligible entities and recycled; or
(2) arranged to have collected from eligible entities and recycled;
during the program year that ends on the immediately preceding March
December 31.
(c) Not later than June 1 of 2011 and of each immediately
succeeding year, a manufacturer shall report the following to the
department:
(1) The number of recycling credits the manufacturer has
purchased and sold during the program year that ends on the
immediately preceding March December 31.
(2) The number of recycling credits possessed by the
manufacturer that the manufacturer intends to use in the
calculation of its variable recycling fee under IC 13-20.5-2-1.
(3) The number of recycling credits the manufacturer retains at
the beginning of the current program year.
(4) The amount in pounds of covered electronic devices the
manufacturer arranged for a recycler to collect and recycle that
were not converted to recycling credits.
(1) Report to the department separately the total weight in pounds of covered electronic devices:
(A) recycled by the recycler; and
(B) taken by the recycler for final disposal;
during the immediately preceding calendar year.
(2) Submit to the department a list of all collectors from whom the recycler received covered electronic devices.
(1) the total weight in pounds of covered electronic devices collected in Indiana by the collector; and
(2) a list of all recyclers to whom the collector delivered covered
electronic devices.
(1) reuse and recycling of electronic waste;
(2) collection programs available to the public for the disposal of electronic waste; and
(3) proper disposal of electronic waste.
(b) The department, with assistance from solid waste management districts and other appropriate persons, shall provide solid waste management districts with a curriculum model that includes educational core principles concerning the reuse, recycling, collection, and proper disposal of solid waste. Solid waste management districts shall implement educational programs that meet the minimum standards established by the department in the curriculum model.
(1) assess solid waste management districts; and
(2) determine whether any changes should be made to the statutes governing solid waste management districts.
(b) An interim study committee or a statutory study committee that assesses solid waste management districts under subsection (a) shall issue a final report, in an electronic format under IC 5-14-6, to the legislative council containing the committee's findings and recommendations, including any recommended legislation, not later than November 1 of the year in which an assessment is conducted.
(1) The power to develop and implement a district solid waste management plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal of solid waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(4) The power to sue and be sued.
(5) The power to plan, design, construct, finance, manage, own, lease, operate, and maintain facilities for solid waste management.
(6) The power to enter with any person into a contract or an agreement that is necessary or incidental to the management of solid waste. Contracts or agreements that may be entered into under this subdivision include those for the following:
(A) The design, construction, operation, financing, ownership, or maintenance of facilities by the district or any other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products generated by a facility.
Notwithstanding any other statute, the maximum term of a contract or an agreement described in this subdivision may not exceed forty (40) years.
(7) The power to enter into agreements for the leasing of facilities in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real or personal property for the management or disposal of solid waste.
(9) The power to sell or lease any facility or part of a facility to any person.
(10) The power to make and contract for plans, surveys, studies, and investigations necessary for the management or disposal of solid waste.
(11) The power to enter upon property to make surveys, soundings, borings, and examinations.
(12) The power to:
(A) accept gifts, grants, loans of money, other property, or services from any source, public or private; and
(B) comply with the terms of the gift, grant, or loan.
(13) The power to levy a tax within the district to pay costs of operation in connection with solid waste management, subject to the following:
(A) Regular budget and tax levy procedures.
(B) Section 16 of this chapter.
However, except as provided in sections 15 and 15.5 of this chapter, a property tax rate imposed under this article may not exceed eight and thirty-three hundredths cents ($0.0833) on each one hundred dollars ($100) of assessed valuation of property in the district.
(14) The power to borrow in anticipation of taxes.
(15) The power to hire the personnel necessary for the management or disposal of solid waste in accordance with an approved budget and to contract for professional services.
(16) The power to otherwise do all things necessary for the:
(A) reduction, management, and disposal of solid waste; and
(B) recovery of waste products from the solid waste stream;
if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(17) The power to adopt resolutions that have the force of law. However, a resolution is not effective in a municipality unless the municipality adopts the language of the resolution by ordinance or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and disposal project grant under IC 13-20-20 and carry out all commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project, so that at the end of the district's fiscal year the unused and unencumbered balance of appropriated money reverts to the district's general fund only if the district's board specifically provides by resolution to discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as described in IC 13-20-22-2 and carry out all commitments contained in a grant application.
(19) The power to enter into an interlocal cooperation agreement
under IC 36-1-7 to obtain:
(A) fiscal;
(B) administrative;
(C) managerial; or
(D) operational;
services from a county or municipality.
(20) The power to compensate advisory committee members for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a final
disposal facility is located; or
(B) a county that:
(i) was part of a joint district;
(ii) has withdrawn from the joint district as of January 1,
2008; and
(iii) has established its own district in which a final disposal
facility is located.
(23) The power to make grants or loans of:
(A) money;
(B) property; or
(C) services;
to public or private recycling programs, composting programs, or
any other programs that reuse any component of the waste stream
as a material component of another product, if the primary
purpose of activities undertaken under this subdivision is to carry
out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital
fund. A district's board may appropriate money in the fund for:
(A) equipping;
(B) expanding;
(C) modifying; or
(D) remodeling;
an existing facility. Expenditures from a capital fund established
under this subdivision must further the goals and objectives
contained in a district's solid waste management plan. Not more
than five percent (5%) of the district's total annual budget for the
year may be transferred to the capital fund that year. The balance
in the capital fund may not exceed twenty-five percent (25%) of
the district's total annual budget. If a district's board determines
by resolution that a part of a capital fund will not be needed to
further the goals and objectives contained in the district's solid
waste management plan, that part of the capital fund may be
transferred to the district's general fund, to be used to offset
tipping fees, property tax revenues, or both tipping fees and
property tax revenues.
(25) The power to conduct promotional or educational programs
that include giving awards and incentives that further:
(A) the district's solid waste management plan; and
(B) the objectives of minimum educational standards
established by the department of environmental
management.
(26) The power to conduct educational programs under
IC 13-20-17.5 to provide information to the public concerning:
(A) the reuse and recycling of mercury in:
(i) mercury commodities; and
(ii) mercury-added products; and
(B) collection programs available to the public for:
(i) mercury commodities; and
(ii) mercury-added products.
(27) The power to implement mercury collection programs under
IC 13-20-17.5 for the public and small businesses.
(28) The power to conduct educational programs under
IC 13-20.5 to provide information to the public concerning:
(A) reuse and recycling of electronic waste;
(B) collection programs available to the public for the disposal
of electronic waste; and
(C) proper disposal of electronic waste.
provides the following information:
(1) For each fund that contains district money:
(A) the cash balance at the end of the year;
(B) a list of all encumbrances on the fund that the district is
legally obligated to pay;
(C) a copy of documentation that supports each encumbrance
listed in clause (B);
(D) the fund balance obtained by subtracting the amount under
clause (B) from the amount under clause (A); and
(E) the total expenditures from the fund for the year; and
(F) any other financial information required by the
department.
(2) The total of all fund balances calculated under subdivision
(1)(D).
(3) The total of all fund expenditures reported under subdivision
(1)(E).
(4) Any programmatic information required by the
department.
(5) The total amount of expenditures by the district for the
year.
(6) The per capita expenditures by the district for the year.
(7) The amount of expenditures by the district for the year for
personnel costs.
(8) The amount of expenditures by the district for the year for
program costs (excluding personnel costs).
(9) The total amount of solid waste (in tons) disposed of in the
district for the year for which the district is directly
responsible.
(10) The total amount of recycling (in tons) carried out in the
district in the year for which the district is directly
responsible.
(c) (b) The district shall provide the report developed prepared
under subsection (b) (a):
(1) to the department and to the department of local government
finance in a format prescribed by the department; and the
environmental quality service
(2) to the legislative council in an electronic format under
IC 5-14-6;
by February 1 of the year following the year for which the report is
made.
(c) The district shall publish the annual report prepared under
subsection (a) on an Internet web site maintained by the district or
on the Internet web sites maintained by the counties that are
members of the district.
(b) Neither:
(1) the state;
(2) the department; nor
(3) an employee of the department who answers an inquiry under this section;
is liable in a civil action on the grounds that information provided under this section was incomplete or erroneous.
(1) Property identification, including address, legal description, and property characteristics.
(2) The nature of the transfer, including identities of the transferor and transferee.
(3) Environmental information, including:
(A) regulatory information during the transferor's ownership;
(B) site information under other ownership or operation;
(C) any environmental defects; and
(D) any existing restrictive covenants, as defined in IC 13-11-2-193.5.
(4) Certification by the transferor that the information submitted on the disclosure document is true and accurate to the best of the transferor's knowledge and belief.
(5) Certification by the transferee that the disclosure document was delivered with all elements completed.
(b) Subject to subsection (a), the commissioner may award grants for any purpose the commissioner considers appropriate, including the following:
(1) Grants to nonprofit organizations to establish free or low cost technical assistance programs.
(2) Grants to assist:
(A) trade associations that represent manufacturers;
(B) business organizations;
(C) labor organizations; and
(D) educational institutions;
in developing training materials and making those training materials available to workers for in-plant use that will foster clean manufacturing.
(3) Grants to assist:
(A) industry;
(B) business organizations;
(C) educational institutions;
(D) labor organizations; and
(E) local units of government;
in establishing programs or materials to train and assist personnel in developing methods to measure and plan for pollution prevention.
(4) Grants to assist industry or business organizations, local units of government, and educational institutions in creating programs to train and certify:
(A) environmental auditors;
(B) engineers; and
(C) industrial hygienists;
to identify, evaluate, and implement pollution prevention measures and alternatives in audits, plans, and programs.
(5) Grants to any organization for generic research and development, pilot tests, and demonstration projects that:
(A) involve commonly used manufacturing processes or materials; and
(B) will produce results that will be of use to manufacturers
other than manufacturers that may be involved in the research
and development, pilot tests, or demonstration projects.
(c) The commissioner may require that a grantee provide matching
money for a grant awarded under this section.
(d) Grant money awarded under this section may not be spent for
capital improvements or equipment.
(e) The money for grants awarded under this section must come
from money appropriated to the department for the purposes of this
section.
(f) The commissioner shall consult with the Indiana clean
manufacturing and safe materials institute established by IC 13-27.5-2
in the implementation of this section.
(b) Subject to subsection (e), the air pollution control board, the water pollution control board, the solid waste management board, or the department may not do the following:
(1) Subject to IC 13-14-1-11.5, incorporate documents, manuals, or policies developed under this article into rules adopted under IC 4-22-2.
(2) Adopt rules under IC 4-22-2 requiring business implementation of pollution prevention practices or of clean manufacturing by means of any of the following:
(A) Permit conditions.
(B) Enforcement actions.
(C) Other department actions.
(c) Subsection (b) only applies to pollution prevention as defined in this title.
(d) Subsection (b) does not apply to authority granted under federal law to implement pollution prevention as defined under any of the following:
(1) Federally delegated air, water, solid waste, and other programs.
(2) Guidance documents developed to implement programs described in subdivision (1).
(3) Programs established under IC 13-20-3, IC 13-20-22, or IC 13-21.
(e) The department shall
(1) property tax levies allowed under IC 13-21 and related statutes under IC 6-1.1;
(2) district final disposal fees set forth in IC 13-21-13;
(3) district solid waste management fees set forth in IC 13-21-14; and
(4) any other funding sources that are available to and used by districts.
(b) The environmental quality service council established under IC 13-13-7-1 shall, during the interim in 2012 between sessions of the general assembly, study issues concerning the powers of solid waste management districts to:
(1) establish and issue permits; and
(2) impose and collect fees;
that are not specifically authorized by a statute.
(c) This SECTION expires January 1, 2013.
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