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. (1) For solid waste generated in Indiana and delivered to a final disposal facility in a motor vehicle having a registered gross vehicle weight greater than nine thousand (9,000) pounds, fifty cents ($0.50) a ton.

   2. (2) For solid waste generated outside Indiana and delivered to a final disposal facility in a motor vehicle having a registered gross vehicle weight greater than nine thousand (9,000) pounds:

      1. (A) fifty cents ($0.50) a ton; and
      2. (B) if the board has adopted rules under subsection (c), an additional amount imposed under the rules.

   3. (3) For solid waste generated in Indiana or outside Indiana and delivered to a final disposal facility in:

      1. (A) a motor vehicle having a registered gross vehicle weight of not more than nine thousand (9,000) pounds; or

      2. (B) a passenger motor vehicle (as defined in IC 9-13-2-123 );

         fifty cents ($0.50) for each load delivered by the motor vehicle.

2. (b) The board may adopt rules to establish and impose a fee on the disposal or incineration of solid waste that is:

   1. (1) generated outside Indiana; and

   2. (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.

3. (c) Revenue from fees collected under subsection (a)(1) and (a)(2)(A) shall be deposited in the state solid waste management fund established by section 2 of this chapter. Revenue from fees collected under subsection (a)(2)(B) shall be deposited in the hazardous substances response trust fund established by IC 13-25-4-1 , except that any part of the revenue that the board finds is necessary to offset costs incurred by counties, municipalities, and townships shall be distributed to solid waste management districts pro rata on the basis of the district's population.
4. (d) 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.

5. (e) 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.