1. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6), and (d)(7), the waste tire management fund is established for the following purposes:

   1. (1) The department may use not more than thirty-five percent (35%) of the money deposited in the fund each year for:

      1. (A) the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly; and
      2. (B) operating the waste tire education program under section 15 of this chapter.

   2. (2) The department may use the remaining money deposited in the fund each year to:

      1. (A) provide grants and loans under section 9(b) of this chapter to entities involved in waste tire management activities; and

      2. (B) pay the expenses of administering the programs described in:

         1. (i) subdivision (1)(B); and
         2. (ii) clause (A).
2. (b) The expenses of administering the fund shall be paid from money in the fund.
3. (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

4. (d) Sources of money for the fund are the following:

   1. (1) Fees paid under section 4(a)(6) of this chapter and IC 13-20-14-5 (c).
   2. (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. (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. (4) Fees established by the general assembly for the purposes of this chapter.
   5. (5) Appropriations made by the general assembly.
   6. (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. (7) Civil penalties collected under IC 13-30-4 for violations of:

      1. (A) this chapter;
      2. (B) IC 13-20-14 ; and

      3. (C) rules adopted under section 11 of this chapter.

         All money deposited in the fund under this subdivision may be used by the department for eligible projects.

         [Pre-1996 Recodification Citation: 13-7-23-11.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.12; P.L.1-1999, SEC.37; P.L.1-2006, SEC.202; P.L.204-2007, SEC.14; P.L.37-2012, SEC.34; P.L.135-2026, SEC.198.