CHAPTER 2. ESTABLISHMENT OF SOLID WASTE MANAGEMENT BOARD
IC 13-19-2
Chapter 2. Establishment of Solid Waste Management Board
IC 13-19-2-1
Establishment
Sec. 1. The solid waste management board is established as anindependent board.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-2
Members; appointment
Sec. 2. (a) The board consists of fourteen (14) members asfollows:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following ten (10) members, who shall be appointed bythe governor based on recommendations from representativeconstituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) health professional who holds a license topractice in Indiana.
(G) One (1) representative of small business.
(H) One (1) representative of the general public, who cannotqualify to sit on the board under any of the other clauses inthis subdivision.
(I) One (1) representative of the solid waste managementindustry.
(J) One (1) representative of the solid waste managementdistricts.
(b) An individual appointed under subsection (a)(2) must possessknowledge, experience, or education qualifying the individual torepresent the entity the individual is being recommended torepresent.
As added by P.L.1-1996, SEC.9. Amended by P.L.4-2005, SEC.123.
IC 13-19-2-3
Members; political party affiliation
Sec. 3. Not more than five (5) of the appointed members of theboard may be members of the same political party.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-4
Members; technical representative as voting member Sec. 4. An ex officio member of the board may designate inwriting a technical representative to serve as a voting member of theboard when the ex officio member is unable to attend a boardmeeting.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-5
Members; terms; vacancies; removal
Sec. 5. (a) The term of an appointed member of the board is four(4) years.
(b) The term of each member of the board continues until asuccessor has been appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board,the governor shall appoint a member not later than sixty (60) daysafter the vacancy occurs for the remainder of the unexpired term. Theboard shall suspend the exercise of the board's duties under thischapter or IC 13-19-3 if the vacancy has not been filled not later thansixty (60) days after the vacancy occurs.
(d) The governor may remove an appointed member of the boardfor cause. Cause includes the failure to attend at least two (2) boardmeetings within a one (1) year period.
(e) The board may not adopt a final rule under IC 13-14-8 until allmembers have been appointed.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-6
Members; compensation
Sec. 6. (a) The ex officio members of the board serve withoutadditional compensation.
(b) Each appointed member of the board is entitled to thefollowing:
(1) The minimum salary per diem provided byIC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses and other expensesactually incurred in connection with the member's duties, asprovided in the state policies and procedures established by theIndiana department of administration and approved by thebudget agency.
(c) The per diem and mileage are valid claims against thedepartment.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-7
Meetings
Sec. 7. (a) The board shall hold at least six (6) regular meetingseach year at a place and time to be fixed by the board.
(b) Special meetings of the board may be called by:
(1) the chairman; or
(2) three (3) members of the board;
by delivery of written notice at the office of each member of the
board.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-8
Quorum
Sec. 8. Eight (8) members of the board, four (4) of whom must beappointed members of the board, constitute a quorum.
As added by P.L.1-1996, SEC.9. Amended by P.L.4-2005, SEC.124.
IC 13-19-2-9
Officers
Sec. 9. The governor shall annually select:
(1) one (1) of the ten (10) appointed members of the board toserve as chairman; and
(2) another of the appointed members of the board to serve asvice chairman.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-10
Technical secretary
Sec. 10. (a) The board shall select, from a list of three (3)qualified persons recommended by the governor, an independentthird party who is not an employee of the state to serve as technicalsecretary of the board.
(b) During the interim between meetings of the board, thedepartment shall do the following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed bythe board.
(c) The technical secretary shall review all materials prepared forthe board by the department to make any necessary revisions.Provisions of this chapter concerning terms of appointment,vacancies, and compensation of appointed board members apply tothe technical secretary. The technical secretary is not a votingmember of the board.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-11
Legal counsel
Sec. 11. (a) The board may select from a list of three (3) qualifiedpersons recommended by the governor an independent third partywho is not an employee of the state to serve as legal counsel.
(b) The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arisingfrom the exercise of the board's duties.
(2) Review all materials prepared for the board by thedepartment for legal accuracy and sufficiency and direct thedepartment to make any necessary revisions.
(c) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply tothe legal counsel. The legal counsel is not a voting member of theboard.
As added by P.L.1-1996, SEC.9.