IC 14-25.5-3
Chapter 3. Water Environmental Fund
IC 14-25.5-3-1
Fund established; administration by department
Sec. 1. The water environmental fund is established. The
department shall administer the fund.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-3-2
Sources of money in fund
Sec. 2. The fund consists of the following:
(1) Accrued interest and other investment earnings of the fund.
(2) Civil penalties collected under IC 14-25.5-4.
(3) Gifts, grants, donations, or appropriations from any source.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-3-3
Limited reversion to the state general fund; investment
Sec. 3. (a) Except as provided in subsection (d), money in the
fund does not revert to the state general fund at the end of a fiscal
year.
(b) The total amount in the fund may not exceed one million
dollars ($1,000,000). Any money in the fund that exceeds one
million dollars ($1,000,000) reverts to the land and water resources
fund established by IC 14-25-10-2.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(d) If the fund is abolished, all money in the fund reverts to the
state general fund.
As added by P.L.145-2002, SEC.3.
IC 14-25.5-3-4
Appropriations from fund; purposes; expenditures without prior
approval
Sec. 4. (a) Money paid into the fund may be appropriated for the
following purposes:
(1) To cover the costs of mitigating a violation of an article to
which this article applies or rules adopted under an article to
which this article applies.
(2) To cover the costs of:
(A) mitigating environmental damage; or
(B) protecting the public from harm;
caused by a violation of an article to which this article applies
or a violation of rules adopted under an article to which this
article applies.
(b) The division director may make expenditures from the fund
for purposes described in subsection (a) without the prior approval
of the budget agency or the governor. An expenditure under this
subsection may not exceed fifty thousand dollars ($50,000).
As added by P.L.145-2002, SEC.3.
IC 14-25.5-3-5
Expenditure from fund not releasing responsible party
Sec. 5. (a) An expenditure made from the fund under this chapter
does not release a responsible person from liability.
(b) The department may seek from a responsible person
reimbursement for expenses incurred under this chapter.
As added by P.L.145-2002, SEC.3.