Enrolled Act, Senate Bill 0170

First Regular Session 112th General Assembly (2001)

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SENATE ENROLLED ACT No. 170

AN ACT to amend the Indiana Code concerning taxation and environmental law.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 6-6-6.6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) Seventy-five percent (75%) of the revenue produced by the levy imposed under section 2 of this chapter shall be deposited in the hazardous substances response trust fund established by IC 13-25-4-1 and twenty-five percent (25%) of the revenue shall be paid over to the county in which the disposal facility is located.
    (b) ~~The~~ ~~revenue~~ Except as provided in subsection (e), the revenue paid over to the county under subsection (a) shall be deposited in a separate fund established by the county for the purposes of the following:
        (1) Establishing monitoring wells on land near the site of the disposal facility.
        (2) Analyzing samples from the monitoring wells established under subdivision (1).
        (3) Conducting other types of testing and surveillance for hazardous waste contamination of land near the disposal facility.
        (4) Providing training for county and local public health and public safety officers in the proper procedures for dealing with emergencies involving hazardous substances or hazardous waste.
        (5) Providing special clothing and equipment needed by county and local public health and public safety officers for dealing with

emergencies involving hazardous substances or hazardous waste.
        (6) Funding research on alternatives to land disposal as a means of eliminating hazardous waste.
        (7) Paying the cost of hazardous waste, hazardous substance, or solid waste removal and remedial action at a site located within the county.
        (8) Meeting the county's requirements under IC 13-21 for the planning and implementation of a solid waste management district plan.
         (9) Paying the costs associated with the construction or rehabilitation of a facility used for training described in subdivision (4).
         (10) Paying the costs associated with any other project that has identifiable environmental benefits.
    (c) The county fund established under subsection (b) shall be administered by the county treasurer, and the expenses of administering the fund shall be paid from money in the fund. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a particular fiscal year does not revert to the county general fund.
    (d) No money in the county fund established under subsection (b) shall be used for activities authorized in subsection (b)(8) or (b)(9) until the purposes listed in subsection (b)(1) through (b)(7) have been fulfilled.
     (e) Subsections (b)(9) and (b)(10) of this section do not apply to a county having a population of more than 300,000 but less than 400,000.