CHAPTER 5. DISTRICT SOLID WASTE MANAGEMENT PLAN
IC 13-21-5
Chapter 5. District Solid Waste Management Plan
IC 13-21-5-1
Adoption of plan; submission to commissioner; requirements andcriteria
Sec. 1. Each district shall adopt and submit to the commissionerfor approval a district solid waste management plan that meets:
(1) the requirements of this chapter; and
(2) the criteria and other elements set forth in the state plan.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-2
Public meetings; notice
Sec. 2. (a) A district must conduct at least one (1) regularlyscheduled public meeting each month before the creation,amendment, or alteration of the district solid waste managementplan. The board shall give notice of each public meeting inaccordance with IC 5-14-1.5. In addition, a copy of the schedule ofregularly scheduled monthly meetings shall annually be submittedfor publication to a newspaper of general circulation in each countyof the district. The notice:
(1) must be at least two (2) columns wide by five (5) incheslong; and
(2) may not be placed in the part of the newspaper where legalnotices and classified advertisements appear.
(b) Public comments shall be taken at each board meeting.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-3
Public meetings; hearing; notice
Sec. 3. (a) After considering public comment received during allpublic meetings held under section 2 of this chapter, the board shallhold a public hearing on the proposed plan before adopting a districtplan in final form.
(b) The board shall make the proposed plan available to the publicat least thirty (30) days before the date the public hearing is held.
(c) The board shall give public notice of the hearing held underthis section.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-4
Public meetings; format of plan
Sec. 4. (a) The department shall furnish a model format to be usedin the preparation of district plans under this chapter.
(b) A district plan adopted before January 1, 1991, may use aformat different from the format furnished under subsection (a), butthe commissioner may request that such a plan be revised to conformto the model format furnished under subsection (a).
As added by P.L.1-1996, SEC.11.
IC 13-21-5-5
Public meetings; advisory committee
Sec. 5. (a) An advisory committee established underIC 13-21-3-11 must conduct at least one (1) regularly scheduledpublic meeting each month before reporting to the board on anymatter.
(b) After a board adopts a district plan, the advisory committeeappointed by the board shall meet as follows:
(1) At least four (4) times each year.
(2) At the request of the board.
(c) Public comments shall be taken at each advisory committeemeeting.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-6
Review of working documents
Sec. 6. A board:
(1) must make all working documents available for review bythe public for a period of time that allows sufficient time foradequate review before a public meeting of the board; and
(2) shall make updated copies of working documents availableto the public on a regular basis.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-7
Special meetings; notice
Sec. 7. (a) If the board conducts a meeting other than a regularlyscheduled public meeting conducted under section 2 of this chapter:
(1) notice of the meeting must be given in accordance withIC 5-14-1.5-5;
(2) an agenda of the meeting must be posted at least forty-eight(48) hours in advance under IC 5-14-1.5-4; and
(3) the board shall notify a general circulation newspaper ineach county that makes up the district of the meeting and theagenda to be discussed.
(b) The notice to the newspaper under this section shall be givenby:
(1) first class mail if notice can reasonably be expected to reachthe newspaper at least forty-eight (48) hours before the meeting;and
(2) telephone if notice cannot reasonably be expected to reachthe newspaper under subdivision (1).
(c) At the meeting, the board may discuss only those matters thatwere indicated on the meeting agenda prepared under this section.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-8
Approval or disapproval of plan
Sec. 8. (a) Based upon the contents of the state plan and on rulesadopted by the board, the commissioner shall approve or disapprove
each district plan submitted for review under this chapter within onehundred twenty (120) days after the plan is submitted to thecommissioner.
(b) If the commissioner fails to act within one hundred twenty(120) days after a district plan is submitted, the district plan isconsidered approved.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-9
Notification of disapproval; revision; hearing; time limitations
Sec. 9. (a) If the commissioner disapproves a district plansubmitted by a board, the commissioner shall promptly:
(1) notify the board of the disapproval of the district plan; and
(2) provide written comments on changes that would make thedistrict plan acceptable.
(b) The district shall do the following:
(1) Revise the district plan.
(2) Resubmit the plan to the commissioner within ninety (90)days after the disapproval of the original district plan.
(c) Before adoption of the revised district plan, the board shallhold a public hearing using the procedures in section 3 of thischapter.
(d) The commissioner shall approve or disapprove a reviseddistrict plan within one hundred twenty (120) days after the revisedplan is submitted to the commissioner. If the commissioner fails toact within one hundred twenty (120) days after a revised plan issubmitted, the revised plan is considered approved.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-10
Information provided by department to assist counties
Sec. 10. The department shall provide information to assistcounties to do the following:
(1) Establish districts.
(2) Develop district plans under this chapter.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-11
Requirements of plan
Sec. 11. A district plan must include the following:
(1) The results of a demographic study of the district predictingthe population of the district:
(A) five (5) years;
(B) ten (10) years; and
(C) twenty (20) years;
after the year the district plan is adopted.
(2) A:
(A) description of the origin, content, and weight or volumeof the solid waste to be generated in the district at the timeof the development of the district plan; and (B) projection of the origin, content, and weight or volumeof the solid waste to be generated in the district:
(i) five (5) years;
(ii) ten (10) years; and
(iii) twenty (20) years;
after the year the district plan is adopted.
(3) An inventory and description of the following:
(A) The facilities located within the district.
(B) The solid waste management activities taking placewithin the district.
(4) A statement identifying and assessing solid waste problemsthat:
(A) exist in the district at the time of the development of thedistrict plan; and
(B) may exist in the district in the future.
(5) A:
(A) projection of the need for; and
(B) description of;
facilities in the district five (5) years, ten (10) years, and twenty(20) years after the year the district plan is adopted.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-12
Solid waste management policy required
Sec. 12. (a) A district plan must establish a solid wastemanagement policy for the district that reflects the needs of thedistrict and provides an integrated approach to solid wastemanagement that includes the following:
(1) Source reduction.
(2) Alternatives to complete or partial dependence on finaldisposal facilities, including recycling and composting.
(3) Final disposal facilities.
(b) A district plan must contain a strategy to promote and educatethe public regarding the benefits of managing vegetative matter by:
(1) composting;
(2) mulching; and
(3) any other environmentally appropriate manner the boardmay determine, other than the disposing of vegetative matter ina landfill.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-13
Required contents of plan
Sec. 13. A district plan must do the following:
(1) Set forth goals and objectives for the district.
(2) Identify alternative means of achieving these goals andobjectives based upon the problems and needs of the district.
(3) Set forth a description of the following:
(A) The operational costs and capital costs of implementingthe district plan. (B) The proposed means of financing the implementation ofthe district plan.
(4) Set forth the basis for setting fees, rates, and charges for useof any facility.
(5) Designate a person to supervise the implementation of thedistrict plan and describe the responsibilities and authority ofthat person.
(6) Describe the surveillance and enforcement procedures to beimplemented to ensure compliance with the district plan.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-14
Disposal of certain waste materials required by plan
Sec. 14. (a) A district plan must also include provisions for themanagement and disposal of the following materials for the term ofthe plan:
(1) Waste tires.
(2) Household hazardous waste.
(3) Used oil.
(4) White goods.
(5) Other classifications of waste provided for in the state plan.
(b) A district plan that sets forth provisions for the managementand disposal of materials identified in subsection (a) must complywith all laws and rules governing the management and disposal ofthose materials.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-15
Optional provisions to restrict disposal of solid waste from anotherstate
Sec. 15. A district plan may, to the extent the provisions areconstitutionally permissible, include provisions to restrict or prohibitthe disposal within the district of solid waste originating fromanother state if the district reasonably considers the provisionsnecessary to accomplish the long range planning goals of the district.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-16
Considerations and limitations of plan
Sec. 16. (a) A district plan must consider, in all circumstances,contracts with private persons.
(b) A district plan or amended plan must, where reasonablynecessary to effectuate the efficient use of existing permitted finaldisposal facilities, take account of permitted final disposal facilitiesin the district that are in operation at the time the district plan isadopted. A district plan or amended plan must incorporate allrecycling activities in progress in the district at the time the districtplan is adopted or amended.
(c) A district plan may not impose operational requirements on aprivately owned or operated facility that differ from operational
requirements imposed on a public facility solely because the facilityis privately owned or operated.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-17
Failure to submit plan; disapproval of revision; adoption of planby commissioner
Sec. 17. If:
(1) a district fails to submit a district plan to the commissionerunder section 1 of this chapter; or
(2) the commissioner disapproves a revised district plansubmitted by the district under section 9 of this chapter;
the commissioner may adopt a solid waste management plan for thedistrict.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-18
Amendment of plan; procedures; filing and implementation
Sec. 18. (a) A district may amend the district's solid wastemanagement plan at any time using the procedures set forth insections 1 through 7 of this chapter.
(b) A district shall amend its district plan using the procedures setforth in sections 1 through 7 of this chapter if the district decides toimplement one (1) of the following programs and the program is notaddressed in the district's district plan or the district decides to notimplement one (1) of the following programs and the program isaddressed in the district's district plan:
(1) A program involving a facility that requires a permit fromor registration with the department.
(2) A program involving a facility for processing recyclablematerials.
(3) A program for collecting recyclables.
(4) A major education program.
(c) An amended plan prepared under this section:
(1) shall be immediately filed with the commissioner; and
(2) may be implemented after filing unless the commissionernotifies the district in writing within thirty (30) days after thefiling that the amended plan fails to comply with the state plan.The written notice of the commissioner must also providewritten comments on changes that would make the amendedplan acceptable.
(d) An amended district plan prepared under this section shall befiled:
(1) on a form; or
(2) in a format;
provided by the department.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-19
Merged districts; adoption of plan Sec. 19. (a) Before a district submits a district plan to thedepartment under this chapter, a district may merge with one (1) ormore other districts after the adoption of identical resolutions by theboard of each district to be merged.
(b) Upon adoption of identical resolutions under subsection (a),a board for the resulting merged district shall be established using theprocedures set forth in IC 13-21-3.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-20
Merger of districts; adoption of identical resolutions; timelimitations; notice of noncompliance
Sec. 20. (a) After a district submits a district plan to thedepartment under this chapter, a district may merge with one (1) ormore other districts after the adoption of identical resolutions by theboard of each district to be merged.
(b) Upon adoption of identical resolutions under subsection (a),a board for the resulting merged district shall be established using theprocedures set forth in IC 13-21-3.
(c) A merged district shall:
(1) adopt a district plan under sections 1 through 7 of thischapter not later than sixty (60) days after the merger iscompleted; and
(2) file the district plan with the commissioner.
The new district plan may be an amended version of the previousapproved plans submitted under the new district name. A mergerunder subsection (a) does not take effect until the district plan is filedwith the commissioner.
(d) A district plan adopted under this section is consideredapproved unless the commissioner notifies the district in writing notlater than thirty (30) days after the district plan is filed with thecommissioner that the district plan fails to comply with the stateplan. The notice provided by the commissioner must includecomments concerning changes to the district plan that would makethe district plan acceptable.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-21
Withdrawal or removal of counties from joint districts; planrequirements; notice of noncompliance
Sec. 21. (a) If a county seeks to withdraw from a joint district ora joint district seeks to remove a county from the joint district underIC 13-21-4 and the county:
(1) designates itself as a county district;
(2) joins into an existing joint district; or
(3) joins with one (1) or more other counties in establishing anew joint district;
the county district or the joint district shall comply with this section.
(b) If a county that withdraws from a joint district designates itselfas a county district, the board appointed for the new county district
under IC 13-21-3-4 shall file a district plan with the commissionernot later than one (1) year after the date the identical resolutionsadopted under IC 13-21-4-2 for the county's withdrawal from thejoint district take effect. The district plan of the joint districtcontinues to serve as the plan for the new county district to the extentthe terms of the plan apply to the new county district until the planof the new county district is approved under this chapter. If the boardfails to file the district plan with the commissioner not later than one(1) year after the effective date of the identical resolutions, thecommissioner may adopt a district plan for the new county district.
(c) If a county that is removed by a joint district designates itselfas a county district, the board appointed for the new county districtunder IC 13-21-3-4 shall file a district plan with the commissionernot later than one (1) year after the date the identical resolutionsadopted under IC 13-21-4-2 for the county's removal from the jointdistrict take effect. The district plan of the joint district continues toserve as the plan for the new county district to the extent the termsof the plan apply to the new county district until the plan of the newcounty district is approved under this chapter. If the board fails to filethe district plan with the commissioner not later than one (1) yearafter the effective date of the identical resolutions, the commissionermay adopt a district plan for the new county district.
(d) If a county joins into an existing joint district, the board of thejoint district:
(1) must approve the addition of the county to the district;
(2) shall amend the district plan to include the additionalcounty; and
(3) shall file the amended district plan with the commissionernot later than one (1) year after the addition of the county to thedistrict.
The district plan of the joint district continues to serve as the plan forthe new joint district until the date the amended district plan isapproved under this chapter. If the board fails to file the amendeddistrict plan with the commissioner not later than one (1) year afterthe addition of the county to the district, the commissioner may adopta district plan for the new joint district.
(e) If a county joins in establishing a new joint district, the boardof the new joint district shall, not later than one (1) year after:
(1) the adoption of an ordinance establishing the joint district;and
(2) approving an agreement governing the operation of the jointdistrict;
file a new district plan with the commissioner. If the board fails tofile the new district plan with the commissioner not later than one (1)year after the adoption and approval under subdivisions (1) and (2),the commissioner may adopt a district plan for the new joint district.
(f) If a county withdraws from a joint district that consists of morethan two (2) counties, the board of the joint district shall:
(1) restructure the joint district's board under IC 13-21-3 notlater than forty-five (45) days; and (2) amend the district plan under sections 1 through 7 of thischapter and file the amended district plan with thecommissioner not later than one (1) year;
after the date the identical resolutions adopted under IC 13-21-4-2 forthe county's withdrawal from the joint district take effect. The districtplan of the joint district continues to serve as the plan for the newjoint district to the extent the terms of the plan apply to the new jointdistrict until the amended plan of the new joint district is approvedunder this chapter. If the board fails to file the amended district planwith the commissioner not later than one (1) year after the effectivedate of the identical resolutions, the commissioner may adopt adistrict plan for the new joint district.
(g) If a county is removed from a joint district that consists ofmore than two (2) counties, the board of the joint district shall:
(1) restructure the joint district's board under IC 13-21-3 notlater than forty-five (45) days; and
(2) amend the district plan under sections 1 through 7 of thischapter and file the amended district plan with thecommissioner not later than one (1) year;
after the date the identical resolutions adopted under IC 13-21-4-2 forthe county's removal from the joint district take effect. The districtplan of the joint district continues to serve as the plan for the newjoint district to the extent the terms of the plan apply to the new jointdistrict until the amended plan of the new joint district is approvedunder this chapter. If the board fails to file the amended district planwith the commissioner not later than one (1) year after the effectivedate of the identical resolutions, the commissioner may adopt adistrict plan for the new joint district.
(h) A district plan adopted under this section is consideredapproved unless the commissioner notifies the district in writing notlater than thirty (30) days after the district plan is filed with thecommissioner that the district plan fails to comply with the stateplan. The notice provided by the commissioner must includecomments concerning changes to the district plan that would makethe district plan acceptable.
(i) With respect to a joint district that consists of only two (2)counties, if the county other than the county that withdraws from thejoint district designates itself as a county district, the board appointedfor the new county district under IC 13-21-3-4 shall file a districtplan with the commissioner not later than one (1) year after the datethe identical resolutions adopted under IC 13-21-4-2 for thewithdrawal from the joint district take effect. The district plan of thejoint district continues to serve as the plan for the new county districtto the extent the terms of the plan apply to the new county districtuntil the plan of the new county district is approved under thischapter. If the board fails to file the district plan with thecommissioner not later than one (1) year after the effective date ofthe identical resolutions, the commissioner may adopt a district planfor the new county district.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.10.