IC 13-21-4
    Chapter 4. Withdrawal or Removal of Counties From Solid WasteManagement Districts

IC 13-21-4-1
Compliance with procedures
    Sec. 1. If:
        (1) a county seeks to withdraw from a joint district; or
        (2) a joint district seeks to remove a county from the jointdistrict;
the county or the joint district must follow the procedures set forthin this chapter.
As added by P.L.1-1996, SEC.11.

IC 13-21-4-2
County executives; resolutions; contents
    Sec. 2. (a) If a county seeks to withdraw from a joint district thatconsists of more than two (2) counties, the county executive must:
        (1) adopt two (2) identical resolutions:
            (A) at least fifteen (15) days apart; and
            (B) not more than forty-five (45) days apart; and
        (2) submit both resolutions to the board of the joint district andto the commissioner.
The resolution must specify that the county withdraws from the jointdistrict.
    (b) If a county seeks to withdraw from and dissolve a joint districtthat consists of only two (2) counties, the county executive must:
        (1) adopt two (2) identical resolutions:
            (A) at least fifteen (15) days apart; and
            (B) not more than forty-five (45) days apart; and
        (2) submit both resolutions to the county executive of the othercounty and to the commissioner.
The resolution must specify that the county withdraws from anddissolves the joint district.
    (c) If a joint district that consists of more than two (2) countiesseeks to remove a county from the joint district, the county executiveof each county that would remain in the joint district after the countyis removed must:
        (1) adopt two (2) identical resolutions:
            (A) at least fifteen (15) days apart; and
            (B) not more than forty-five (45) days apart; and
        (2) submit both resolutions to the county executive of thecounty that would be removed and to the commissioner.
The resolution must specify that the joint district removes the countyfrom the joint district.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.3.

IC 13-21-4-2.5
Effective date of withdrawal or removal of a county from a jointdistrict    Sec. 2.5. (a) The withdrawal of a county from a joint district iseffective upon:
        (1) the later of:
            (A) the date of delivery of both resolutions adopted undersection (2)(a) of this chapter to the board of the joint district;or
            (B) the effective date specified in the resolutions referred toin clause (A); or
        (2) the later of:
            (A) the date of delivery of both resolutions adopted undersection (2)(b) of this chapter to the county executive of theother county; or
            (B) the effective date specified in the resolutions referred toin clause (A).
    (b) The removal of a county from a joint district is effective uponthe later of:
        (1) the latest date of delivery of all the resolutions adoptedunder section (2)(c) of this chapter to the county executive ofthe county that would be removed; or
        (2) the effective date specified in the resolutions referred to insubdivision (1).
As added by P.L.74-2002, SEC.4.

IC 13-21-4-3
Financial impact analysis
    Sec. 3. (a) A county executive of a county withdrawing from thedistrict or the county executive of each county that would remain ina joint district after a county is removed from the district that adoptsand submits the identical resolutions described in section 2 of thischapter shall prepare or pay for the preparation of an analysisconcerning the legal obligations of:
        (1) the joint district; and
        (2) each county located in the joint district, including the countythat would withdraw or be removed from the joint district;
that would remain after the county withdraws from the joint districtor the joint district removes the county.
    (b) A copy of the analysis shall be submitted to:
        (1) the county executive of each county involved in thewithdrawal or removal of a county from a joint district; and
        (2) the commissioner;
not more than ninety (90) days after the date a resolution adoptedunder section 2 of this chapter takes effect.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.5.

IC 13-21-4-4
Responsibility for legal obligations
    Sec. 4. (a) Except as provided in subsection (c), if a countywithdraws from or is removed from a joint district that consists ofmore than two (2) counties, the county is responsible for its share ofthe legal obligations:        (1) entered into by the joint district before the September 20that last precedes the date the identical resolutions adoptedunder section 2 of this chapter for the county's withdrawal orremoval from the joint district take effect; and
        (2) payable before the second January 1 that succeeds theSeptember 20 referred to in subdivision (1).
    (b) The legal obligations referred to in subsection (a) include thefollowing:
        (1) Contracts entered into by the joint district.
        (2) Repayment of loan agreements entered into by the jointdistrict.
        (3) Payment of bonds issued by the joint district.
        (4) Any other legal obligation entered into by the joint district.
    (c) If a joint district consists of more than two (2) counties, thecounty executive of the county that withdraws or is removed fromthe joint district and the board of the joint district shall, not morethan sixty (60) days after the date the state examiner issues a reportunder IC 5-11-1-9.7(b) with respect to the withdrawal or removal,enter into a written agreement that specifies the legal obligations ofthe county and the joint district after the date the identical resolutionsadopted under section 2 of this chapter for the withdrawal or removalof the county take effect. A copy of the agreement shall be submittedto the commissioner.
    (d) If a joint district consists of only two (2) counties:
        (1) each county is responsible for its share of the legalobligations entered into by the joint district before the date thejoint district is dissolved; and
        (2) the county executive of each county shall enter into awritten agreement concerning the division of the joint district'sassets.
A copy of the agreement shall be submitted to the commissioner.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.6.

IC 13-21-4-5
Public meetings
    Sec. 5. After an analysis described in section 3 of this chapter hasbeen completed and the terms of any agreement have been tentativelyagreed to under section 4(b) or 4(c) of this chapter, a public meetingmust be held, not later than forty-five (45) days after the date thetentative agreement is reached, by:
        (1) the county executive of each county located in the jointdistrict; and
        (2) the board of the joint district;
that concerns the remaining legal obligations of the joint district andeach county located in the joint district and the terms of the tentativeagreement. Each of the county executives may hold a public meetingrequired under this section individually or jointly with one (1) ormore other county executives, the board of the joint district, or both.The board of the joint district may hold a public meeting requiredunder this section individually or jointly with one (1) or more county

executives.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.7.

IC 13-21-4-6
Designating new county district or joining new or existing jointdistricts; district plans
    Sec. 6. (a) If a county withdraws from or the county executives ofa joint district remove a county from a joint district, the county must:
        (1) designate itself as a new county district;
        (2) join one (1) or more other counties to form a new jointdistrict; or
        (3) join an existing joint district;
under the procedures set forth in IC 13-21-3.
    (b) If a county:
        (1) designates itself as a new county district; or
        (2) joins one (1) or more other counties to form a new jointdistrict;
the county district or new joint district shall submit a district plan tothe commissioner as provided under IC 13-21-5.
    (c) If a county joins an existing joint district, the joint districtshall amend the joint district's district plan as provided underIC 13-21-5.
    (d) If a county withdraws or is removed from a joint district thatconsists of more than two (2) counties, the joint district shall amendthe joint district's district plan as provided under IC 13-21-5.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.8.

IC 13-21-4-7
Adoption of district plan
    Sec. 7. A district plan described under section 6(b) of this chaptermust be adopted by the:
        (1) county executive of the county located in the new countydistrict; or
        (2) county executive of each county located in the new jointdistrict;
not later than sixty (60) days after the date the district plan is filedwith the commissioner under IC 13-21-5-21.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.9.

IC 13-21-4-8
Repealed
    (Repealed by P.L.74-2002, SEC.11.)

IC 13-21-4-9
Repealed
    (Repealed by P.L.74-2002, SEC.11.)