Section 329 IAC 3.1-1-14.1 - PurposeAuthority: 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: (B) semiannual basis are due on: (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.Solid Waste Management Board; 329 IAC 3.1-1-14.1; filed Jan 3, 2000, 10:00 a.m.: 23 IR 1094; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRAFiled 11/26/2019, 11:36 a.m.: 20191225-IR-329180481FRAFiled 5/9/2022, 10:17 a.m.: 20220608-IR-329200024FRA *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.