Ind. Code ch. 13-16-1

in effect

Ind. Code § 13-16-1-1 Applicability of chapter

Sec. 1. This chapter applies to all fees established under this title. [1996 Recodification Citations: New.] As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.114; P.L.250-2019, SEC.14.

Ind. Code § 13-16-1-2 Board duties; factors to consider in establishing or revising fees

Sec. 2. To establish fees or change the amount of a fee, the board shall: (1) follow the procedure required for the adoption of rules; and (2) take into account: (A) the cost to the department of the issuance of a permit, license, or approval; (B) the cost to the department of the performance of services in connection with the supervision, review, and other necessary activities related to the permit, license, or approval; (C) the cost to the department of the surveillance of the activity or property covered by the license, permit, or approval; (D) the cost to the department of amendments, modifications, and renewals of a permit, license, or approval; and (E) fees charged for equivalent activities in other states. [Pre-1996 Recodification Citation: 13-7-16-6(a).] As added by P.L.1-1996, SEC.6. Amended by P.L.113-2014, SEC.68; P.L.250-2019, SEC.15.

Ind. Code § 13-16-1-3 Basis for fees

Sec. 3. A fee established under this title for a type or class of permit: (1) may be based on the average of the costs specified in section 2 of this chapter for all permits of that type or class; (2) may be set at a particular amount in consideration of the type and amount of discharge or emission to which the permit relates; and (3) may not be different in amount for public sector permit holders than for private sector permit holders, unless the difference is specifically authorized by the Indiana Code. [Pre-1996 Recodification Citation: 13-7-16-6(b).] As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.115; P.L.250-2019, SEC.16.

Ind. Code § 13-16-1-4 Review and revision of fees; department duties

Sec. 4. (a) The board shall periodically review the fees established under this title. The board may set or change a fee if the board determines, based upon the information provided under subsections (b) and (c) and the provisions of section 3 of this chapter, that a fee is necessary or that the amount of a fee is not appropriate. (b) To assist the board in the periodic review of fees required by this section, the department shall: (1) arrange for an independent study of the costs referred to in section 2(2)(A) through 2(2)(D) of this chapter; (2) develop information on fees charged for equivalent activities in other states, as applicable, as provided in section 2(2)(E) of this chapter; and (3) periodically develop information on activities, functions, and permits that have been added or eliminated since the previous fee structure was adopted. (c) The department shall: (1) present the information described in subsection (b) to the board for consideration; and (2) if so directed by the board, initiate a rulemaking under IC 13-14-9 to address fees. [Pre-1996 Recodification Citation: 13-7-16-6(c).] As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.116; P.L.250-2019, SEC.17.

Ind. Code § 13-16-1-5 Deposit of fees in funds

Sec. 5. (a) Except as provided in subsection (b), a fee established by the board under this chapter shall be deposited in the environmental management permit operation fund under IC 13-15-11 when the fee is collected. (b) The fee established under IC 13-17-8-3 shall be deposited in the Title V operating permit program trust fund established by IC 13-17-8-1 when the fee is collected. [Pre-1996 Recodification Citation: 13-7-16-6(d).] As added by P.L.1-1996, SEC.6. Amended by P.L.250-2019, SEC.18.

Ind. Code § 13-16-1-5.5 Statutory fee amounts are minimum amounts; fee increases by board

Sec. 5.5. (a) All fee amounts set forth numerically in this title are minimum amounts. Even if the amount of a fee is set forth numerically in this title, the board, under HEA 1278-2019, SECTION 35, and sections 2 through 4 of this chapter, may increase the fee to an amount greater than the minimum fee amount set forth numerically in this title. (b) After the board, under subsection (a), increases the amount of a fee to an amount greater than the minimum fee amount set forth numerically in this title, the legislative services agency shall prepare legislation for introduction in the regular session of the general assembly immediately following the effective date of the board's fee increase to remove the fee amount set forth numerically in this title. As added by P.L.250-2019, SEC.19.

Ind. Code § 13-16-1-6 Fee amounts may not be changed more than once in five years; may not be increased by more than 10%

Sec. 6. (a) The board may not: (1) set or change the amount of a fee established under this title more than one (1) time in five (5) years; or (2) require payment of a fee for material used as alternate daily cover pursuant to a permit issued by the department under 329 IAC 10-20-13. (b) A change in a fee established under this title may not increase the amount of the fee by more than ten percent (10%). [Pre-1996 Recodification Citation: 13-7-16-6.3.] As added by P.L.1-1996, SEC.6. Amended by P.L.45-1997, SEC.7; P.L.224-1999, SEC.7; P.L.113-2014, SEC.69; P.L.250-2019, SEC.20.

Ind. Code § 13-16-1-7 Adjustments to environmental management permit operation fund

Sec. 7. (a) Before billing a person under IC 13-18-20, IC 13-20-21, or IC 13-22-12, the commissioner shall review the money in the environmental management permit operation fund established under IC 13-15-11 and make the following adjustments: (1) If the balance of the fund collected under IC 13-18-20, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-18-20. (2) If the balance of the fund collected under IC 13-20-21, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-20-21. (3) If the balance of the fund collected under IC 13-22-12, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-22-12. (b) The appropriate board may adopt rules under IC 4-22-2 and IC 13-14-9 to adjust the amount of the fund balance at which the commissioner is required to adjust individual bills under subsection (a)(1), (a)(2), or (a)(3). However, the amount of the fund balance established by rule under this subsection may not exceed two million five hundred thousand dollars ($2,500,000). As added by P.L.224-1999, SEC.8.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026