Sec. 10.4. (a) Except as provided in subsection (c), each year, a fee is imposed on a facility that must submit an emergency and hazardous chemical inventory form under section 10 of this chapter. The amount of the fee is as follows:

(1) For a facility in which at least one million (1,000,000) pounds of any hazardous chemical was present at one (1) time during the year preceding the year in which the fee is imposed, a fee of two hundred dollars ($200).

(2) For a facility in which, in the year preceding the year in which the fee is imposed, one (1) or more hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. § 11022(b), but the total amount of any hazardous chemical present did not at any one (1) time equal or exceed one million (1,000,000) pounds, a fee of one hundred dollars ($100).

(3) For a facility that contains underground storage tanks (as defined in IC 13-11-2-241) and was subject to the reporting requirement in 42 U.S.C. § 6991a(a), but in which, in the year preceding the year in which the fee is imposed, no hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. § 11022(b) (other than substances stored in underground storage tanks that must be reported under 42 U.S.C. § 6991a(a)), a fee of fifty dollars ($50).

     (b) A facility subject to the fee imposed by this section shall pay this fee as required by section 10 of this chapter.

     (c) The fee established by this section is not applicable to a facility that is owned or operated by any of the following:

(1) The United States government or an agency or instrumentality of the United States government.

(2) The state and its agencies.

(3) A state educational institution as defined in IC 21-7-13-32.

(4) A political subdivision as defined in IC 36-1-2-13.

As added by P.L.85-2015, SEC.13. Amended by P.L.10-2017, SEC.1.