CHAPTER 3. SOLID WASTE MANAGEMENT DISTRICTS
IC 13-21-3
Chapter 3. Solid Waste Management Districts
IC 13-21-3-1
Establishment; approval of agreement; failure of county to comply
Sec. 1. (a) Except as provided in subsection (b), each county shall,by ordinance of the county executive:
(1) join with one (1) or more other counties in establishing ajoint solid waste management district that includes the entirearea of all the acting counties; or
(2) designate itself as a county solid waste management district.
(b) Notwithstanding subsection (a)(1), if a county withdraws froma joint solid waste management district under IC 13-21-4, the countyexecutive of the county may adopt an ordinance to join another orestablish another joint solid waste management district with one (1)or more other counties:
(1) not earlier than fifteen (15) days; or
(2) not later than forty-five (45) days;
after the date the ordinance is introduced.
(c) An ordinance adopted under subsection (a)(1) or (b) mustinclude the approval of an agreement governing the operation of thejoint district.
(d) If a county fails to comply with this section, the commissionershall designate the county as a solid waste management district.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.2.
IC 13-21-3-2
Territory included in designated district
Sec. 2. All of the incorporated and unincorporated territory of acounty must be included in the designated county solid wastemanagement district or the joint solid waste management district towhich the county belongs.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-3
Copy of agreement to commissioner
Sec. 3. Within thirty (30) days after adopting an ordinanceestablishing a joint district and approving an agreement governingthe operation of the joint district, a county shall provide thecommissioner with a copy of the agreement.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-4
Board of directors; appointment
Sec. 4. After a county has been designated as a county district orhas joined with at least one (1) other county in a joint district, aboard of directors shall be appointed.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-5 Board of directors; membership
Sec. 5. (a) Except as provided in subsections (b) through (e), theboard of a county district consists of the following members:
(1) Two (2) members appointed by the county executive fromthe membership of the county executive.
(2) One (1) member appointed by the county fiscal body fromthe membership of the fiscal body.
(3) One (1) member:
(A) who is the executive of the municipality having thelargest population in the county if that municipality is a city;or
(B) appointed from the membership of the legislative bodyof a town if the town is the municipality having the largestpopulation in the county.
(4) One (1) member of the legislative body of the municipalitywith the largest population in the county appointed by thelegislative body of that municipality.
(5) One (1) member:
(A) who is the executive of a city in the county that is notthe municipality having the largest population in the county;or
(B) who is a member of the legislative body of a town thatis not the municipality having the largest population in thecounty;
and who is appointed by the executive of that county torepresent the municipalities in the county other than themunicipality having the largest population.
(6) One (1) additional member appointed by the countyexecutive from the membership of the county executive.
(b) If a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand (700,000)is designated as a county district, the executives of the three (3) citiesin the county having the largest populations each serve as a memberof the board or may appoint a member of the legislative body of theircity to serve as a member of the board. If a county having apopulation of more than two hundred thousand (200,000) but lessthan three hundred thousand (300,000) is designated as a countydistrict, the executives of the two (2) cities in the county having thelargest populations each serve as a member of the board. If a countyhaving a population of more than two hundred thousand (200,000)but less than three hundred thousand (300,000) is designated as acounty district, the board of that county district must include thefollowing:
(1) One (1) member of the legislative body of the city havingthe second largest population in the county, appointed by thepresident of the city legislative body.
(2) One (1) member of the legislative body of a town located inthe county, appointed by the judge of the circuit court in thecounty.
(c) If a county having a consolidated city is designated a county
district, the board of public works established under IC 36-3-5-6constitutes the board of the county district.
(d) If a county designated as a county district has a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000), the board of the district consists of thefollowing members:
(1) One (1) member appointed by the county executive from themembership of the county executive.
(2) Two (2) members appointed from the county fiscal bodyappointed from the membership of the county fiscal body.
(3) The executive of each second or third class city or a memberof the legislative body of their city appointed by the executive.
(4) One (1) member of the legislative body of each townappointed by the legislative body.
(5) One (1) member of the legislative body of the municipalitywith the largest population in the county appointed by thelegislative body of that municipality.
(6) If a local government unit in the county has an operatingfinal disposal facility located within the unit's jurisdiction, one(1) member of the unit's board of public works appointed by theboard of public works.
(e) This subsection applies only to a county that does not containa city. If the county executive and the county fiscal body of a countydesignated as a county district agree, the board of the district shallconsist of the following nine (9) or ten (10) members:
(1) The three (3) members of the county executive.
(2) Two (2) members of the county fiscal body, chosen by thecounty fiscal body.
(3) One (1) member of each of the town legislative bodies of thefour (4) or five (5) towns in the county having the largestpopulation, chosen by each town legislative body.
As added by P.L.1-1996, SEC.11. Amended by P.L.110-1998, SEC.1;P.L.189-2005, SEC.3.
IC 13-21-3-6
Board of joint district; membership
Sec. 6. (a) Except as provided in subsections (b) through (d), theboard of a joint district consists of the following:
(1) One (1) member of the county executive of eachparticipating county.
(2) One (1) member of the county fiscal body of eachparticipating county.
(3) One (1) member:
(A) who is the executive of the municipality having thelargest population in the county if that municipality is a city;or
(B) if a town is the municipality having the largestpopulation in the county, who is appointed from themembership of the fiscal body of that town.
(4) One (1) member of the legislative body of the municipality
having the largest population in each participating county,appointed by the legislative body of that municipality.
(5) One (1) or more members who are the executives of citiesunder subsection (b), if applicable.
(6) Additional members appointed by the executive of eachparticipating county from the membership of the executive, aspermitted under subsection (c).
(7) One (1) additional member appointed by the executive ofthe participating county having the largest population from themembership of the executive if the appointments made undersubdivisions (1) through (6) result in an even number ofmembers.
(b) If a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand (700,000)has joined in a joint district, the executive of the three (3) cities inthe county having the largest populations each serve as a member ofthe board. If a county having a population of more than two hundredthousand (200,000) but less than three hundred thousand (300,000)has joined in a joint district, the executive of the two (2) cities in thecounty having the largest populations each serve as a member of theboard.
(c) An agreement between two (2) or more counties establishinga joint district may allow the executive of each county to appoint acertain number of additional members from the membership of theexecutive based upon the proportion of each county's population tothe population of the entire district.
(d) An agreement among three (3) or more counties establishinga joint district may provide that:
(1) the membership; and
(2) the terms of office of members;
of the board will be determined by the terms of an agreement enteredinto by the executive of each county governing the operation of thedistrict. All members of a board appointed under this subsection mustbe elected officials of a county or a municipality.
(e) The board of a joint district established under subsection (d)or IC 13-9.5-2-6(d) (before its repeal) after March 1, 1991:
(1) must include representation from the largest municipality ineach county included in the joint district as recommended bythe executive of the largest municipality and approved by thelegislative body of the largest municipality; and
(2) may include representation from other municipalities ineach county included in the joint district as recommended bythe executive of a municipality and approved by the legislativebody of the municipality.
(f) The board of a joint district may allow a member who isappointed from:
(1) the county executive;
(2) a county fiscal body; or
(3) a municipal legislative body;
to have the body on which the member serves designate an alternate
member from that body to participate and exercise the right to votewith the board if the member is unable to attend a meeting.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-7
Joint districts; executive committees; powers
Sec. 7. (a) In:
(1) a joint district; or
(2) a single district having a population of more than fourhundred thousand (400,000) but less than seven hundredthousand (700,000);
the board appointed under section 5 of this chapter may elect fromthe board's membership an executive committee having an oddnumber of members.
(b) An executive committee elected under subsection (a) for ajoint district has only the powers invested in the committee byresolution of the board. An executive committee may exercise anypowers of the board under this article that are delegated to theexecutive committee by resolution of the board.
(c) The board of the joint district may appoint one (1) or morealternates from among the membership of the board to:
(1) participate; and
(2) exercise the power to vote;
with the executive committee if a member of the executivecommittee is absent.
(d) A meeting of an executive committee may serve as theregularly scheduled monthly meeting of a board as required underIC 13-21-5-2.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-8
Board of directors of district; term
Sec. 8. (a) This section does not apply to the members of a boardof public works that constitutes the board of a county district undersection 5(c) of this chapter.
(b) The term of office of a member of the board of a district whois appointed from the membership of an executive, legislative, orfiscal body under this chapter is coextensive with the member's termof office on that body. The term of office of other appointedmembers of the board is two (2) years.
(c) All members of the board serve at the pleasure of theappointing authority.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-9
Officers
Sec. 9. (a) This section does not apply to a board of public worksthat constitutes the board of a county district under section 5(c) ofthis chapter.
(b) The board shall select the following: (1) A chairperson and vice chairperson from the board'smembership.
(2) A controller who is not a member of the board.
(c) If a controller selected by a board under this section is thefiscal officer of a county or municipality, the duties of the controllerunder a statute or an ordinance are in addition to the duties thecontroller has while serving as the fiscal officer of the county ormunicipality.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-10
Controllers; powers and duties
Sec. 10. (a) A controller selected under section 9 of this chaptershall do the following:
(1) Be the official custodian of all district money and, subjectto the terms of any resolution or trust indenture under whichbonds are issued under this article, deposit and invest all districtmoney in the same manner as other county money is depositedand invested under IC 5-13.
(2) Be responsible to the board for the fiscal management of thedistrict.
(3) Be responsible for the proper safeguarding and accountingof the district's money.
(4) Subject to subsection (c), issue warrants approved by theboard after a properly itemized and verified claim has beenpresented to the board on a claim docket.
(5) Make financial reports of district money and present thereports to the board for the board's approval.
(6) Prepare the district's annual budget.
(7) Perform any other duties:
(A) prescribed by the board; and
(B) consistent with this chapter.
(b) A controller selected under section 9 of this chapter:
(1) does not exercise any sovereign authority of the state; and
(2) does not hold a lucrative office for purposes of Article 2,Section 9 of the Constitution of the State of Indiana.
(c) The board may, by resolution, authorize the controller to makeclaim payments for:
(1) payroll;
(2) the state solid waste management fee imposed byIC 13-20-22-1; and
(3) certain specific vendors identified in the resolution;
without the claims being first approved by the board if beforepayment the claims are approved in writing by the chairperson of theboard or in the absence of the chairperson another member of theboard designated by the chairperson. The claims shall be reviewedand allowed by the board at the board's next regular or specialmeeting.
As added by P.L.1-1996, SEC.11. Amended by P.L.214-2005,SEC.58.
IC 13-21-3-11
Citizen solid waste management advisory committee; membership;functions
Sec. 11. (a) The board of each district shall appoint and convenea solid waste management advisory committee of citizens not laterthan thirty (30) days after the board has been established. Thecommittee must include the following:
(1) Representatives of the solid waste management industryoperating in the district.
(2) Representatives of the environmental community and othercitizens who are:
(A) knowledgeable about and interested in environmentalissues; and
(B) not employed directly or indirectly by the solid wastemanagement industry.
(b) At least fifty percent (50%) of the members of an advisorycommittee must be made up of the representatives of theenvironmental community and other citizens. All members of thecommittee must be residents of the district.
(c) In the resolution establishing an advisory committee, the boardshall specify the terms of the members and the purposes of thecommittee. Each advisory committee shall do the following:
(1) Study the subjects and problems specified by the board andrecommend to the board additional problems in need of studyand discussion.
(2) If invited by the board to do so, participate, without the rightto vote, in the deliberations of the board.
(d) An advisory committee shall report only to the board. Reportsof the committee must:
(1) accompany a final district plan when the plan is submittedto the commissioner under IC 13-21-5; and
(2) be made available to members of the public.
(e) An advisory committee may choose to study and report onmatters that are not specified by the board if the committeedetermines a study is warranted.
(f) An advisory committee and board shall conduct at least two (2)joint meetings each year to discuss current and future issues. Theadvisory committee shall submit into the record at the next meetingof the board advice on the topics discussed at the joint meeting.
(g) An advisory committee shall do the following:
(1) Meet after the first publication of the district's proposedannual budget.
(2) Submit written comments concerning the proposed budgetat a public hearing that is held to review the proposed budget.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-12
Powers of district
Sec. 12. Except as provided in section 14.5 of this chapter, thepowers of a district include the following: (1) The power to develop and implement a district solid wastemanagement plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal ofsolid waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primarypurpose of activities undertaken under this subdivision is tocarry out the provisions of this article.
(4) The power to sue and be sued.
(5) The power to plan, design, construct, finance, manage, own,lease, operate, and maintain facilities for solid wastemanagement.
(6) The power to enter with any person into a contract or anagreement that is necessary or incidental to the management ofsolid waste. Contracts or agreements that may be entered intounder this subdivision include those for the following:
(A) The design, construction, operation, financing,ownership, or maintenance of facilities by the district or anyother person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or productsgenerated by a facility.
Notwithstanding any other statute, the maximum term of acontract or an agreement described in this subdivision may notexceed forty (40) years.
(7) The power to enter into agreements for the leasing offacilities in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real orpersonal property for the management or disposal of solidwaste.
(9) The power to sell or lease any facility or part of a facility toany person.
(10) The power to make and contract for plans, surveys, studies,and investigations necessary for the management or disposal ofsolid waste.
(11) The power to enter upon property to make surveys,soundings, borings, and examinations.
(12) The power to:
(A) accept gifts, grants, loans of money, other property, orservices from any source, public or private; and
(B) comply with the terms of the gift, grant, or loan.
(13) The power to levy a tax within the district to pay costs ofoperation in connection with solid waste management, subjectto the following:
(A) Regular budget and tax levy procedures.
(B) Section 16 of this chapter.
However, except as provided in sections 15 and 15.5 of thischapter, a property tax rate imposed under this article may notexceed eight and thirty-three hundredths cents ($0.0833) oneach one hundred dollars ($100) of assessed valuation ofproperty in the district. (14) The power to borrow in anticipation of taxes.
(15) The power to hire the personnel necessary for themanagement or disposal of solid waste in accordance with anapproved budget and to contract for professional services.
(16) The power to otherwise do all things necessary for the:
(A) reduction, management, and disposal of solid waste; and
(B) recovery of waste products from the solid waste stream;
if the primary purpose of activities undertaken under thissubdivision is to carry out the provisions of this article.
(17) The power to adopt resolutions that have the force of law.However, a resolution is not effective in a municipality unlessthe municipality adopts the language of the resolution byordinance or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste andconditionally exempt small quantity generator (as describedin 40 CFR 261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection anddisposal project grant under IC 13-20-20 and carry out allcommitments contained in a grant application.
(C) Establish and maintain a program of self-insurance fora household hazardous waste and conditionally exempt smallquantity generator (as described in 40 CFR 261.5(a))collection and disposal project, so that at the end of thedistrict's fiscal year the unused and unencumbered balanceof appropriated money reverts to the district's general fundonly if the district's board specifically provides by resolutionto discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant asdescribed in IC 13-20-22-2 and carry out all commitmentscontained in a grant application.
(19) The power to enter into an interlocal cooperationagreement under IC 36-1-7 to obtain:
(A) fiscal;
(B) administrative;
(C) managerial; or
(D) operational;
services from a county or municipality.
(20) The power to compensate advisory committee members forattending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committeemembers for travel and related expenses at a rate determined bythe board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a finaldisposal facility is located; or
(B) a county that:
(i) was part of a joint district;
(ii) has withdrawn from the joint district as of January 1,2008; and (iii) has established its own district in which a finaldisposal facility is located.
(23) The power to make grants or loans of:
(A) money;
(B) property; or
(C) services;
to public or private recycling programs, composting programs,or any other programs that reuse any component of the wastestream as a material component of another product, if theprimary purpose of activities undertaken under this subdivisionis to carry out the provisions of this article.
(24) The power to establish by resolution a nonreverting capitalfund. A district's board may appropriate money in the fund for:
(A) equipping;
(B) expanding;
(C) modifying; or
(D) remodeling;
an existing facility. Expenditures from a capital fundestablished under this subdivision must further the goals andobjectives contained in a district's solid waste managementplan. Not more than five percent (5%) of the district's totalannual budget for the year may be transferred to the capital fundthat year. The balance in the capital fund may not exceedtwenty-five percent (25%) of the district's total annual budget.If a district's board determines by resolution that a part of acapital fund will not be needed to further the goals andobjectives contained in the district's solid waste managementplan, that part of the capital fund may be transferred to thedistrict's general fund, to be used to offset tipping fees, propertytax revenues, or both tipping fees and property tax revenues.
(25) The power to conduct promotional or educational programsthat include giving awards and incentives that further thedistrict's solid waste management plan.
(26) The power to conduct educational programs underIC 13-20-17.5 to provide information to the public concerning:
(A) the reuse and recycling of mercury in:
(i) mercury commodities; and
(ii) mercury-added products; and
(B) collection programs available to the public for:
(i) mercury commodities; and
(ii) mercury-added products.
(27) The power to implement mercury collection programsunder IC 13-20-17.5 for the public and small businesses.
As added by P.L.1-1996, SEC.11. Amended by P.L.125-1996, SEC.5;P.L.45-1997, SEC.13; P.L.6-1997, SEC.155; P.L.2-1998, SEC.52;P.L.225-2001, SEC.16; P.L.178-2002, SEC.87; P.L.114-2008,SEC.22.
IC 13-21-3-12.2
Additional powers of certain counties Sec. 12.2. (a) This section applies to a county having a populationof more than one hundred seventy thousand (170,000) but less thanone hundred eighty thousand (180,000).
(b) In addition to the powers granted to a district under section 12of this chapter, a district may make grants or loans of money,property, or services to a public or private program to plant ormaintain trees in an area of the district that is a right-of-way, publicproperty, or vacant property.
As added by P.L.98-2000, SEC.6. Amended by P.L.170-2002,SEC.89.
IC 13-21-3-13
Powers of board
Sec. 13. (a) A board may do the following:
(1) Enter into agreements concerning and acquire by any lawfulmeans real property or interests in real and personal propertyneeded for the purposes of this section or IC 13-21-9.
(2) Enter into financing agreements to purchase, lease as lessee,construct, remodel, rebuild, enlarge, or substantially improvefacilities.
(3) Lease facilities to users or developers with or without anoption to purchase.
(4) Sell facilities to users or developers for consideration, whichmay be paid in installments or otherwise.
(5) Make direct loans to users or developers for the cost ofacquisition, construction, or installation of facilities, includingreal property, machinery, or equipment. If loans are made, thedevelopment bonds must be secured by the pledge of one (1) ormore bonds or other secured or unsecured debt obligations ofthe users or developers.
(6) Enter into agreements with users or developers to allow theusers or developers to wholly or partially acquire, construct, ormodify facilities to be acquired by the district.
(7) Issue waste management development bonds underIC 13-21-9 to do the following:
(A) Accomplish the purposes of this section and IC 13-21-9.
(B) Secure payment of the development bonds as providedin IC 13-21-9.
(b) This section or IC 13-21-9 does not authorize the district'sfinancing of facilities for a developer unless any agreement thatexists between a developer and a user is fully disclosed to andapproved by the board.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-13.5
Reports on funds
Sec. 13.5. (a) This section does not apply to the following:
(1) A nonreverting capital fund established under section 12(24)of this chapter.
(2) A fund established under IC 13-21-7-8. (3) The waste management district bond fund established underIC 13-21-7-10.
(4) A fund established to secure the payment of principal andinterest under IC 13-21-12-1(12).
(b) At the end of each year the district shall prepare a report thatprovides the following information:
(1) For each fund that contains district money:
(A) the cash balance at the end of the year;
(B) a list of all encumbrances on the fund that the district islegally obligated to pay;
(C) a copy of documentation that supports eachencumbrance listed in clause (B);
(D) the fund balance obtained by subtracting the amountunder clause (B) from the amount under clause (A); and
(E) the total expenditures from the fund for the year.
(2) The total of all fund balances calculated under subdivision(1)(D).
(3) The total of all fund expenditures reported undersubdivision (1)(E).
(c) The district shall provide the report developed undersubsection (b) to the department, the department of local governmentfinance, and the environmental quality service council by February1 of the year following the year for which the report is made.
As added by P.L.45-1997, SEC.14. Amended by P.L.90-2002,SEC.368.
IC 13-21-3-14
Powers of district; exclusions
Sec. 14. (a) Except as provided in subsection (c) and section 14.5of this chapter, the powers of a district do not include the following:
(1) The power of eminent domain.
(2) Except as provided in subsection (b), the power toexclusively control the collection or disposal of any solid wasteor recyclables within the district by means that include thefollowing:
(A) Franchising.
(B) Establishing a territory or territories within the districtin which a person may provide service.
(3) The power to establish the type of service that a person mustprovide for the collection or disposal of solid waste orrecyclables within the district.
(4) The power to establish fees that a person must charge for thecollection or disposal of solid waste or recyclables within thedistrict.
(5) The power to issue permits for an activity that is alreadypermitted by a state agency, except as expressly granted bystatute.
(b) If one (1) or more of the governmental entities in a district, atthe time of the formation of the district, is a party to a contractproviding that the persons contracted with have the exclusive right
to collect or dispose of solid waste within the jurisdiction of thegovernmental entity, the district may enter into an extension of thatcontract.
(c) Subsection (a) does not apply to activities conducted as part ofa household hazardous waste collection and disposal project.
As added by P.L.1-1996, SEC.11. Amended by P.L.125-1996, SEC.6;P.L.110-1998, SEC.2; P.L.231-2003, SEC.3.
IC 13-21-3-14.5
Conditions for provision of waste management services by district;evaluation of cost
Sec. 14.5. (a) This section does not apply to the following:
(1) The continuation of waste management services that a solidwaste district provides with its facilities or work force beforeMarch 15, 1996.
(2) Waste management services provided to the district underan agreement entered into by the district before March 15,1996, with another person until the agreement terminates by itsterms or is terminated for cause.
(3) The development, operation, and contracting for thedevelopment or operation of a publicly owned solid wastelandfill in a county having a population of more than onehundred ten thousand (110,000) but less than one hundredfifteen thousand (115,000). The operation of the landfill musthave begun before July 1, 2001.
(4) A contract entered into between the board and a third partybefore May 1, 1997, for the development or operation of a solidwaste landfill in a county having a population of more than fourhundred thousand (400,000) but less than seven hundredthousand (700,000). The third party is limited to those partiesthat submitted proposals to the board under a formal request forproposals that were selected by the board, before December 1,1995, as finalists in the contract negotiations.
(5) A contract between a board and a third party to operate afacility that is owned by the district and for which constructionwas substantially complete before March 1, 1996.
(6) Activities conducted as part of household hazardous waste(as defined in IC 13-11-2-104) collection and disposal projects.
(b) Except as provided in subsection (c), a district may not:
(1) undertake to provide waste management services by meansof its own work force; or
(2) contract with any person to provide waste managementservices.
(c) A district may perform the activities described in subsection(b):
(1) if:
(A) the board is able to adopt a resolution under subsection(d); and
(B) a private sector entity is not willing or able to providewaste management services at a reasonable cost to the
district; or
(2) if the district is requested to do so by a unit of governmentthat performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the districtmust either provide waste management services by means of its ownwork force or contract with a person to provide waste managementservices, only if the board finds that:
(1) the waste management service is not currently available inthe district at a reasonable cost; and
(2) providing the waste management service by means of itsown work force or by contract will benefit the public health,welfare, and safety of residents of the district.
The board's determination must be supported with findings of fact.
(e) A district shall provide notice by publication under IC 5-3-1and at the time of publication serve by first class mail to any personthat delivers to the district an annual written request for noticesbefore January 1 of any meeting to consider adoption of a resolutionmaking a preliminary determination that it is necessary for thedistrict to undertake to provide waste management services by meansof its own work force or contract with any person to provide wastemanagement services.
(f) Whenever a district evaluates the reasonableness of cost underthis section, it shall:
(1) compare the cost of the same level of service provided in thedistrict or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management serviceswith its own facilities or work force, the district must disclosethe entire cost of providing the service by the district, includingthe following:
(A) subsidies arising from taxes, fees, grants, orintergovernmental transfers;
(B) in-kind contributions of real estate, interests in realestate, equipment, personnel, or other assets;
(C) discounts; and
(D) tax exemptions.
(g) A resolution adopted under subsection (d) may authorize adistrict to perform more than one (1) solid waste recycling,collection, or disposal event in the manner described in subsection(b) if:
(1) the duration of each event authorized by the resolution is notmore than one (1) day; and
(2) all events authorized by the resolution will take place in one(1) calendar year.
As added by P.L.125-1996, SEC.7. Amended by P.L.110-1998,SEC.3; P.L.70-2001, SEC.3; P.L.170-2002, SEC.90.
IC 13-21-3-15
Appeals
Sec. 15. (a) A district located in a county having a population ofmore than thirty-two thousand (32,000) but less than thirty-three
thousand (33,000) may appeal to the department of local governmentfinance to have a property tax rate in excess of the rate permitted bysection 12 of this chapter. The appeal may be granted if the districtestablishes that all of the following conditions exist:
(1) The district is in the process of constructing a landfill.
(2) A higher property tax rate is necessary to pay the feescharged by out of county landfills to dispose of solid wastegenerated in the district during the design and constructionphases of the landfill being established by the district.
(b) The procedure applicable to maximum levy appeals underIC 6-1.1-18.5 applies to an appeal under this section. Any additionallevy granted under this section may not exceed seven and thirty-threehundredths cents ($0.0733) on each one hundred dollars ($100) ofassessed valuation of property in the district.
(c) The department of local government finance shall establish thetax rate if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires notlater than December 31, 1997.
As added by P.L.1-1996, SEC.11. Amended by P.L.6-1997, SEC.156;P.L.90-2002, SEC.369; P.L.146-2008, SEC.422.
IC 13-21-3-15.5
Appeal for additional levy
Sec. 15.5. (a) A district may appeal to the department of localgovernment finance to have a property tax rate in excess of the ratepermitted by section 12 of this chapter. The appeal may be grantedif the district with respect to 2001 property taxes payable in 2002:
(1) imposed the maximum property tax rate established undersection 12 of this chapter; and
(2) collected property tax revenue in an amount less than themaximum permissible ad valorem property tax levy determinedfor the district under IC 6-1.1-18.5.
(b) The procedure applicable to maximum levy appeals underIC 6-1.1-18.5 applies to an appeal under this section.
(c) An additional levy granted under this section may not exceedthe rate calculated to result in a property tax levy equal to themaximum permissible ad valorem property tax levy determined forthe district under IC 6-1.1-18.5.
(d) The department of local government finance shall establish thetax rate if a higher tax rate is permitted.
As added by P.L.178-2002, SEC.88. Amended by P.L.146-2008,SEC.423.
IC 13-21-3-16
Eligibility to include in budget revenue from imposed property tax
Sec. 16. (a) The requirements of this section:
(1) are in addition to the requirements set forth inIC 6-1.1-18.5-7(b); and
(2) do not apply to a district that:
(A) owns a landfill; (B) will use property tax revenue to:
(i) construct a new landfill cell; or
(ii) close a landfill cell;
at the landfill; and
(C) has received approval from the county fiscal body of thecounty in which the landfill is located to construct or closethe landfill cell.
(b) To be eligible to include within the district's budget for thefollowing year tax revenue derived from the imposition of a propertytax, the first year that a property tax will be imposed and anysubsequent year in which the proposed tax levy will increase by fivepercent (5%) or more, a board must present identical resolutions toeach of the county fiscal bodies within the district seeking approvalfor the use of property tax revenue within the district. The resolutionmust state the proposed property tax levy and the proposed use of therevenue. The resolution must be stated so that:
(1) a "yes" vote indicates approval of the levy and the proposeduse of property tax revenue within the district; and
(2) a "no" vote indicates disapproval of the levy and theproposed use of property tax revenue within the district.
(c) For a resolution described in subsection (b) to be approved bythe county fiscal body:
(1) the county fiscal body must record the vote taken on theresolution under subsection (b) before May 1 of the year inwhich the vote was taken; and
(2) the recorded vote must indicate approval of the use ofproperty tax revenue within the district.
(d) If all of the county fiscal bodies within a district do not recordthe approval described in subsection (c) before May 1 of the year inwhich the vote under subsection (b) was taken, the board may not:
(1) impose; or
(2) include within the budget of the board;
a property tax for the year following the year in which the vote wastaken.
(e) Notwithstanding subsection (d), after the first year a tax isimposed under this section, the resolution required by subsection (b)for a district that is located in more than two (2) counties need onlybe approved by a majority of the county fiscal bodies for the countiesin which the district is located.
(f) A district may not issue bonds to be repaid, directly orindirectly, with money or property tax revenue of the district until amajority of the members of each of the county fiscal bodies withina district passes a resolution approving the bond issue.
As added by P.L.1-1996, SEC.11. Amended by P.L.129-1996, SEC.1;P.L.189-2005, SEC.4.
IC 13-21-3-17
Conferences, seminars, and training sessions; membership inplanning and practice improvement organizations
Sec. 17. (a) If a board determines that it is desirable or necessary
for employees or members of the board or advisory committee toattend a conference, seminar, or training session that concerns solidwaste management or related issues, the board may pay:
(1) applicable registration fees; and
(2) all actual expenses;
of the employees or members who attend the conference, seminar, ortraining session.
(b) A board may appropriate money necessary to providemembership for the district in state and national:
(1) civic;
(2) educational;
(3) professional; or
(4) governmental;
organizations that are concerned with the betterment andimprovement of solid waste management planning and practices.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-18
Grants and loans from counties and municipalities
Sec. 18. The executive of a county or municipality located in adistrict may, with the approval of the fiscal body of the county ormunicipality:
(1) grant or loan public money to the district; and
(2) establish procedures:
(A) for awarding grants; and
(B) for the repayment of loans.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-19
Delegation of board's authority; limitations
Sec. 19. (a) The board of a district may delegate any of the board'sauthority to any board or legislative body of a municipality byresolution. However:
(1) an exercise by a municipality of the taxing power of thedistrict must be ratified by the board of the district; and
(2) if the board of a municipality has been delegated authorityunder this subsection, the legislative body of the municipalitymust approve an action of the board of the municipality thatinvolves:
(A) an exercise of the taxing power of the district;
(B) the issuance of bonds under this article or IC 13-9.5(before its repeal); or
(C) the setting of fees, rates, and charges under this article orIC 13-9.5 (before its repeal).
(b) The board may delegate authority to the board's officers tocarry out the directions of the board.
(c) A resolution delegating powers of the board under this sectionmust contain reasonable standards and parameters within which thedelegated powers may be exercised.
As added by P.L.1-1996, SEC.11.
IC 13-21-3-20
Failure of county with consolidated city to elect to participate;exemption from regulation and control of article
Sec. 20. (a) Notwithstanding this chapter, IC 13-21-5, andIC 13-21-13, and except as provided in subsection (b), unless thelegislative body of a county having a consolidated city elects byordinance to participate in the rules, ordinances, and governmentalstructures enacted or created under this article, the management ofsolid waste activities and the collection of fees on the disposal ofsolid waste in a final disposal facility located in that county areexempt from regulation or control under this article.
(b) The exemption under subsection (a) does not apply toIC 13-20-22-1.
As added by P.L.1-1996, SEC.11. Amended by P.L.113-2010,SEC.94.
IC 13-21-3-21
Approval and delivery of budget
Sec. 21. Before the board of a district may adopt an annualbudget, the budget must be:
(1) approved by the department of local government finance;and
(2) sent to:
(A) the executive; and
(B) the fiscal body;
of each county and municipality located within the district as amatter of record.
As added by P.L.1-1996, SEC.11. Amended by P.L.90-2002,SEC.370.
IC 13-21-3-22
Contract with county to collect fees and revenue; delinquentpayments
Sec. 22. (a) This subsection does not apply to the collection ofproperty taxes. The board of a district may contract with a county tocollect fees and revenue for a board.
(b) A contract under this section must do all of the following:
(1) Describe the fees and revenue that will be collected.
(2) Describe the responsibilities of the district and the county.
(3) Describe any collection charges that a county will impose toreimburse the county for the administrative expenses ofcollecting fees and revenue.
(4) Establish the date or conditions under which the agreementexpires.
(5) Be in writing.
A contract may include other necessary or appropriate terms.
(c) Before a contract under this section becomes effective:
(1) the county auditor and the county treasurer must consent tothe terms of the contract; and
(2) the board of the district and the executive body for the
county must approve the contract by resolution in a publicmeeting.
The written consent of the county auditor and county treasurer mustbe incorporated by reference into the resolution adopted by thecounty executive body.
(d) To carry out a contract under this section, a county executivebody may establish a collection charge. The charge may not exceedthe direct costs of collecting fees and revenue, including anallowance for computer reprogramming and other costs incurred toestablish and maintain the collection program. Collection chargesreceived by a county shall be deposited in the county general fund.
(e) Revenue and fees collected by a county shall be deposited ina separate fund and distributed to the district, without anappropriation or a claim, under the terms of the contract.
(f) A county may include a notice of the amount of fees, charges,or other revenue subject to this section in a property tax notice sentto a taxpayer.
(g) A county or the district may collect a delinquent paymentsubject to this section in the same manner as any general debt maybe collected.
As added by P.L.1-1996, SEC.11.