1. (a) A board may impose fees on the disposal of solid waste in a final disposal facility located within the district. A fee imposed by a board in a county with a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000) under this section may not exceed two dollars and fifty cents ($2.50) a ton. A fee imposed by a board in other counties under this section may not exceed:

   1. (1) two dollars and fifty cents ($2.50) a ton; or

   2. (2) the amount of a fee imposed by the board;

      1. (A) under this section; and

      2. (B) in effect on January 1, 1993;

         whichever is greater.

2. (b) The board shall do the following:

   1. (1) Set the amount of fees imposed under this section after a public hearing.
   2. (2) Give public notice of the hearing.
3. (c) If solid waste has been subject to a district fee under this section, the total amount of the fee that was paid shall be credited against a district fee to which the solid waste may later be subject under this section.
4. (d) Except as provided in section 4 of this chapter, fees imposed under this chapter shall be imposed uniformly on public facilities and on privately owned or operated facilities throughout the district.

5. (e) A resolution adopted by a board that establishes fees under this chapter may contain a provision that authorizes the board to impose a penalty of not more than five hundred dollars ($500) per day because of:

   1. (1) nonpayment of fees; or
   2. (2) noncompliance with a condition in the resolution.

6. (f) A board may not impose fees for material used as alternate daily cover pursuant to a permit issued by the department under the rules adopted by the board.

   [Pre-1996 Recodification Citation: 13-9.5-7-1.]

As added by P.L.1-1996, SEC.11. Amended by P.L.45-1997, SEC.15; P.L.170-2002, SEC.91; P.L.119-2012, SEC.118; P.L.104-2022, SEC.90; P.L.135-2026, SEC.228.