CHAPTER 30. SOLID WASTE COLLECTION AND DISPOSAL
IC 36-9-30
Chapter 30. Solid Waste Collection and Disposal
IC 36-9-30-1
Application of chapter
Sec. 1. This chapter applies to all units except townships.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-2
Definitions
Sec. 2. As used in this chapter:
"Solid waste" means all putrescible and nonputrescible solid andsemisolid wastes, except human excreta, but including garbage,rubbish, ashes, street cleanings, dead animals, offal, and solidcommercial, industrial, and institutional wastes.
"Solid waste disposal facility" means a sanitary landfill, anincinerator, a composting facility, a garbage grinding facility, or anyother facility that is suitable for solid waste disposal and isconstructed and approved under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-3
Facilities for collection and disposal; revenue bonds to pay costs
Sec. 3. A unit may establish, acquire, construct, install, operate,and maintain facilities for the collection and disposal of solid wastein order to secure the collection and disposal of solid wasteaccumulated inside or outside the corporate boundaries of the unit.The unit may issue revenue bonds to pay all or part of the costs of thefacilities.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-4
Methods for disposal
Sec. 4. A unit acting under this chapter must obtain approval fromthe department of environmental management, according to rulesadopted by the solid waste management board, for any method ormethods used for the disposal of solid waste before obtaining land orfacilities. One (1) or more of the methods listed below may be used:
(1) A unit may use a sanitary landfill. If a sanitary landfill is tobe used, information necessary to evaluate the project shall besubmitted to the department of environmental management forreview and approval before the purchase of land or equipment.
(2) A unit may use incineration. If incineration is to be used, theplans and specifications of each incinerating plant or otherfacility, along with other information necessary to evaluate theproject, shall be submitted to the department of environmentalmanagement for review and approval before construction of thefacilities. The plans must include an approved method for thedisposal of noncombustible solid waste and incinerator residue.
(3) A unit may use composting. If composting is to be used, the
plans and specifications of composting facilities, along withother information necessary to evaluate the project, shall besubmitted to the department of environmental management forreview and approval before construction of the facilities. Theplans must provide for the proper disposal of all solid waste thatis not suitable for composting.
(4) A unit may use a garbage grinding system involving theseparate collection and disposal of garbage into a communitysewerage system through commercial-type grinders orcommunity-wide installation of individual grinders. As used inthis subdivision, "garbage" means all decayable solid andsemisolid wastes resulting from the processing, preparation,cooking, serving, or consumption of food or food materials. Theplans and specifications for the garbage grinding facilities,along with other information necessary to evaluate the project,shall be submitted to the department of environmentalmanagement for review and approval before construction orinstallation of the facilities. The plans must provide for theproper disposal of all solid waste that is not suitable forgrinding.
(5) A unit may use any other suitable methods or facilities forthe disposal of solid waste, if the plans and specifications, alongwith other information necessary to evaluate the project, aresubmitted to the department of environmental management forreview and approval before the acquisition, construction,installation, or operation of the method or facility.
As added by Acts 1981, P.L.309, SEC.106. Amended byP.L.143-1985, SEC.203.
IC 36-9-30-5
Contracts for collection or disposal; requirements
Sec. 5. (a) A unit may contract with persons for the collection ordisposal of solid waste. The contract may provide that personscontracted with have the exclusive right to collect or dispose of solidwaste under section 4 of this chapter.
(b) A unit may contract with any business or institution for thecollection and disposal of industrial, commercial, or institutionalsolid waste. All fees collected by the unit shall be deposited in thetreasury of the unit for the administration, operation, andmaintenance of the solid waste collection and disposal project.
(c) A unit may contract for the use of privately owned solid wastedisposal facilities.
(d) If a contract executed under subsection (a) or (b) will yield agross revenue to a contractor (other than a governmental entity) of atleast twenty-five thousand dollars ($25,000) during the time it is ineffect, then the unit must comply with IC 36-1-12-4 in awarding thecontract. The unit shall require the bidder to submit a financialstatement, a statement of experience, the bidder's proposed plan orplans for performing the contract, and the equipment that the bidderhas available for the performance of the contract. The statement shall
be submitted on forms prescribed by the state board of accounts.IC 36-1-12-4(b)(6) does not apply to this subsection.
(e) A unit may contract with private persons that operate facilitiesthat combine significant elements of recycling or production ofrefuse derived fuel.
As added by Acts 1981, P.L.309, SEC.106. Amended byP.L.329-1985, SEC.25; P.L.19-1990, SEC.39.
IC 36-9-30-5.5
Contracts for incineration of waste
Sec. 5.5. (a) As used in this section, "waste" includes solid wasteand waste disposed of in conjunction with the disposal of solidwaste, as well as liquid waste (consisting of sludge from air andwater pollution control facilities or water supply treatment facilities)when disposed of in conjunction with the disposal of solid waste.
(b) A unit may contract for twenty (20) years or less for theincineration of waste.
As added by P.L.353-1985, SEC.1.
IC 36-9-30-6
Appropriations for acquisition, establishment, operation, andmaintenance of premises, facilities, and services
Sec. 6. The fiscal body of a unit acting under this chapter maymake appropriations for the acquisition, establishment, operation,and maintenance of premises, facilities, and services for thecollection and disposal of solid waste. Appropriations under thissection may include amounts for employees, vehicles, and equipmentnecessary or incidental to the collection or disposal of solid waste.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-7
Supervision and control of functions by works board
Sec. 7. (a) Except as provided in subsection (b), the:
(1) construction, acquisition, improvement, equipment, custody,administration, operation, and maintenance of any facilities forthe collection and disposal of solid waste; and
(2) collection of revenues for the use and services of thefacilities;
are under the supervision and control of the works board of the unit.
(b) The legislative body of a municipality may provide byordinance that the functions described by subsection (a) are under thesupervision and control of the sanitary board or utility service boardof the municipality.
(c) As used in the following sections of this chapter, "board"means the works board or other board performing the functionsdescribed by subsection (a).
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-8
Contracts or agreements necessary to performance of board's
duties
Sec. 8. The board may take all steps and proceedings and enterinto all contracts or agreements necessary or incidental to theperformance of its duties and the execution of its powers under thischapter. However, any contract relating to the financing of theacquisition, construction, or purchase of facilities for the collectionand disposal of solid waste must be approved by the fiscal body ofthe unit before it is effective.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-9
Personnel necessary in execution of board's powers and duties
Sec. 9. The board may employ, fix the compensation of, andassign the duties of engineers, architects, inspectors, superintendents,managers, collectors, attorneys, and other employees it considersnecessary in the execution of its powers and duties.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-10
Expenses
Sec. 10. All expenses incurred by the board in carrying out thischapter shall be paid solely from money provided under this chapter.The board may not bind itself or the unit beyond the extent to whichmoney has been or may be provided under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-11
Operation, management, and control of facilities
Sec. 11. After the:
(1) construction, installation, and completion; or
(2) acquisition;
of facilities for the collection and disposal of solid waste, the boardshall operate, manage, and control the facilities. The board mayextend and improve the facilities, if money is available for thatpurpose under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-12
Adoption of rules
Sec. 12. The board shall adopt rules for the use and operation offacilities constructed or acquired under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-13
Operation of facilities
Sec. 13. The board shall do all things necessary or expedient forthe successful operation of facilities constructed or acquired underthis chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-14
Contracts with other units desiring use of facility; cost andexpenses; term
Sec. 14. A unit constructing, acquiring, or maintaining facilitiesfor the collection and disposal of solid waste may contract with a unitthat wants to use the facilities for the payment of all or part of thecost and expenses of the facilities, for any term not exceedingtwenty-five (25) years. A contract under this section must beexecuted in accordance with IC 36-1-7.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-15
Methods of financing of facilities and land
Sec. 15. The acquisition, establishment, construction, installation,operation, and maintenance of facilities and land for the collectionand disposal of solid waste may be financed through generaltaxation, service fees, or a combination of these methods.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-16
Preliminary expenses; payment; procedure; reimbursement offund
Sec. 16. (a) All or part of the necessary preliminary expenses thatare incurred by a board and must be paid before the issuance anddelivery of revenue bonds under this chapter may be paid in themanner provided by this section.
(b) The board may certify the items of expense to the fiscal officerof the unit, who shall immediately draw a warrant or warrants to bepaid out of the unappropriated part of the general fund of the unit,without a special appropriation being made. If the unit has nounappropriated money in its general fund, the fiscal officer shallrecommend to the fiscal body of the unit:
(1) the temporary transfer from other funds of a sufficientamount to meet the items of expense; or
(2) the making of a temporary loan for that purpose.
The fiscal body shall immediately make the transfer or authorize thetemporary loan.
(c) The fund or funds from which the payments are made shall befully reimbursed and repaid out of the first proceeds of the sale ofrevenue bonds, and before any other disbursements are made fromthose proceeds. The amount advanced to pay preliminary expensesis a first charge against the proceeds resulting from the sale of therevenue bonds until it has been repaid.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-17
Revenue bonds; issuance; interest rates; terms and conditions;nature of bonds; sale
Sec. 17. (a) The unit may issue revenue bonds to provide all orpart of the money necessary to pay the costs of facilities acquired or
constructed under this chapter. The bonds, which are payable solelyfrom the fund established under section 18 of this chapter, must beauthorized by an ordinance of the fiscal body of the unit, setting forththe terms and conditions of the bonds.
(b) The bonds may bear interest at any rate determined by theordinance, payable semiannually, and mature serially, either annuallyor semiannually and beginning at the time and extending over theperiod of years determined by the ordinance.
(c) The ordinance may include the terms and conditionsconsidered necessary and proper to protect the bondholders.
(d) The bonds shall be issued in the name of the unit, but they arenot a corporate indebtedness of the unit. The bonds must contain astatement on their face that the unit is not obligated to pay them orthe interest on them, except from the fund established under section18 of this chapter.
(e) The bonds are negotiable instruments.
(f) The bonds and the interest on them are exempt from all state,county, and municipal taxation.
(g) The bonds shall be executed in the same manner as otherbonds issued by the unit are executed, and shall be sold inaccordance with IC 5-1-11 or at a negotiated sale.
(h) Bonds issued by a lessor corporation under this chapter shallbe sold in accordance with IC 5-1-11 or at a negotiated sale.
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.35-1990,SEC.71.
IC 36-9-30-18
Revenue bonds; ordinance authorizing bond
Sec. 18. The ordinance authorizing the revenue bonds must also:
(1) establish a sinking fund for the payment of the bonds, theinterest on the bonds, and the charges of banks or trustcompanies for making payment of the bonds or interest; and
(2) pledge the revenues of the facilities, after the payment of thereasonable expense of operation, repair, and maintenance, intothe sinking fund at intervals to be determined by the ordinance,for:
(A) the payment of interest on the bonds as it falls due;
(B) the payment of the bonds as they fall due; and
(C) the accumulation of reasonable reserves in the sinking fundas a margin for safety and a protection against default, and forthe payment of premiums upon bonds retired by call orpurchase.
The required payments constitute a first charge upon the revenues ofthe facilities, after the payment of the reasonable expense ofoperation, repair, and maintenance.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-19
Revenue bonds; application of proceeds; costs of facility
Sec. 19. (a) All money received from any revenue bonds issued
under this chapter, after reimbursements for preliminary expensesunder section 16 of this chapter, shall be applied solely to thepayment of the costs of the facilities acquired or constructed underthis chapter. Any surplus of bond proceeds above that amount shallbe paid into the fund established under section 18 of this chapter.The holders of the bonds have a lien on the money until it is appliedin the manner prescribed by this section.
(b) For purposes of this section, costs of the facilities include:
(1) the cost of all property and rights considered necessary orconvenient for installing, constructing, and equipping thefacilities;
(2) interest on bonds before and during the acquisition,installation, construction, and equipment of the facilities, andfor six (6) months after the start of collection of fees under thischapter;
(3) engineering and legal expenses;
(4) expenses for estimates of cost and revenues;
(5) expenses for surveys and plans;
(6) other expenses necessary or incidental to determining thefeasibility or practicability of the method or methods to be usedfor the disposal of solid waste;
(7) administrative expenses; and
(8) other expenses necessary or incidental to financing underthis chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-20
Revenue bonds; action to question validity and to protect andenforce bondholders' rights
Sec. 20. (a) An action to question the validity of the revenuebonds or to prevent their issuance may not be brought after the datefixed for their sale.
(b) Any holder of any of the revenue bonds or the couponsattached to them may bring any action necessary to:
(1) protect and enforce his rights under this chapter or theordinance authorizing the bonds; and
(2) enforce and compel performance of all duties required bythis chapter or the ordinance authorizing the bonds, includingthe making and collecting of reasonable and sufficient fees forthe use of and services rendered by the facilities for the disposalof solid waste.
However, the unit may not be compelled to pay fees on behalf ofother users or owners.
(c) If there is a failure to pay the principal or interest of any of thebonds on the date named for payment, any court having jurisdictionof the action may appoint a receiver to administer the facilities onbehalf of the unit and the bondholders. The receiver may:
(1) charge and collect from all users or owners fees sufficientto provide for the payment of the expenses of operation, repair,and maintenance; (2) pay any bonds and interest outstanding; and
(3) apply the revenues in conformity with this chapter and theordinance authorizing the bonds.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-21
Fees for use of and service rendered by facilities
Sec. 21. (a) Except as provided in subsection (l), the fiscal bodyof the unit owning, operating, and maintaining facilities for thecollection or disposal of solid waste may, by ordinance, establish andmaintain just and equitable fees for the use of and the servicerendered by the facilities.
(b) Except as provided in subsection (m), if the fiscal body of aunit has authorized the issuance of revenue bonds under this chapter,it shall, as long as the bonds are outstanding, establish and maintainfees with respect to the facilities for which the bonds are issued.
(c) The aggregate amount of the required fees must be sufficientto pay the cost of operation, repair, depreciation, and maintenance ofthe facilities, and to pay the sums required to be paid into the bondfund under this chapter.
(d) The ordinance may provide that the fees are payable:
(1) by either the users of the facilities, the owners of theproperty served by the facilities, or the unit; or
(2) by the users, owners, and the unit in the proportions fixed bythe ordinance.
(e) Revenues collected under this section are considered revenuesof the facilities.
(f) The fees may not be established until after a public hearing atwhich the users of the facilities, the owners of property served or tobe served by the facilities, and other interested parties have anopportunity to be heard concerning the proposed fees and theprovisions concerning payment of the fees.
(g) After introduction of the ordinance fixing the fees andproviding for their payment, and before the ordinance is finallyadopted, notice of the hearing, setting forth the proposed schedule offees and the provisions concerning payment, shall be published inaccordance with IC 5-3-1.
(h) After the hearing, which may be adjourned from time to time,the ordinance, as originally introduced or as amended, shall bepassed and put into effect. A copy of the schedule of fees establishedshall be kept on file in the office of the board and in the office of thefiscal officer of the unit. The fee schedule is a public record.
(i) The fees or the provisions for their payment may be changedor readjusted in the manner by which they were originallyestablished. However, if the change or readjustment is madesubstantially pro rata as to all classes of use or service, no hearing ornotice is required.
(j) If:
(1) a user of the facilities; or
(2) an owner of property served by the facilities;does not pay a fee within thirty (30) days after it is due, the amountof the fee, together with a penalty of ten percent (10%) and areasonable attorney's fee, may be recovered by the unit in a civilaction in the name of the unit.
(k) The unit is subject to the fees established under this chapter.The unit shall pay the fees when due. The payments are consideredpart of the revenues of the facilities.
(l) This subsection applies to a county having a population ofmore than fifty thousand (50,000) but less than fifty-five thousand(55,000). The county executive owning, operating, and maintainingfacilities for the collection or disposal of solid waste may, byordinance, establish and maintain just and equitable fees for the useof and the service rendered by the facilities.
(m) If the fiscal body of a county that is subject to subsection (l)has authorized the issuance of revenue bonds under this chapter, thecounty executive shall, as long as the bonds are outstanding,establish and maintain fees with respect to the facilities for which thebonds are issued.
As added by Acts 1981, P.L.309, SEC.106. Amended by Acts 1981,P.L.45, SEC.92; P.L.102-1987, SEC.2; P.L.12-1992, SEC.188;P.L.170-2002, SEC.171.
IC 36-9-30-22
Solid waste disposal nonreverting capital fund
Sec. 22. (a) At the request of the board, the fiscal body of the unitmay, by ordinance, establish a solid waste disposal nonrevertingcapital fund.
(b) Capital for the fund consists of:
(1) deposits by the board of the revenues of its facilities thatremain after payment of expenses, in an amount determined bythe fiscal body upon the recommendation of the board; and
(2) appropriations of money derived from user fees, in anamount determined by the fiscal body.
(c) After an appropriation by the fiscal body, the board may usethe fund for:
(1) acquisition of property and other rights;
(2) installing, constructing, equipping, expanding, modifying,or remodeling new or existing facilities; or
(3) engineering, legal, surveying, estimating, appraising,planning, designing, and other expenses necessary to determinethe feasibility of implementing solid waste disposal methods.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-23
Garbage grinders
Sec. 23. (a) A garbage grinder may not be installed on any privateproperty under this chapter unless the property owner and the tenant,if any, files a written request for garbage disposal service and theinstallation of a garbage grinder.
(b) The users of garbage grinders may discontinue the service at
any time by filing a written request for the discontinuance of theservice with the board.
(c) All property rights in the garbage grinders remain in the unit.The unit may remove a garbage grinder upon the discontinuance ofthe service by the user or if any fees are not paid within thirty (30)days after they are due.
(d) The users of garbage grinders are responsible for any damagesto the grinders, except for ordinary wear and tear.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-24
Lease with option to purchase facilities; terms and conditions
Sec. 24. (a) A unit may enter into a lease with option to purchaseof solid waste disposal facilities inside or outside the corporateboundaries of the unit. However, a lease with an option to purchasemay not be entered into for a term of more than thirty (30) yearsunless:
(1) the lessor is a corporation organized under Indiana law oradmitted to do business in Indiana;
(2) a petition for the lease, signed by fifty (50) or more residenttaxpayers of the unit, has been filed with the board; and
(3) the board has, after investigation, determined that there is aneed for the facilities.
The terms and conditions of the option to purchase must be specifiedin the lease.
(b) A lease under this section may provide that as a part of thelease rental for the solid waste disposal facilities, the unit agrees to:
(1) pay all taxes and assessments levied against or on accountof the leased property;
(2) maintain insurance on the leased property for the benefit ofthe lessor corporation; and
(3) assume all responsibilities for repair and alterations of theleased property during the term of the lease.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-25
Lease with option to purchase facilities; hearing; notice;authorization to execute lease
Sec. 25. (a) After the lessor corporation and the unit have agreedupon the terms and conditions of a lease under section 24 of thischapter, and before the final execution of the lease, notice of ahearing to be held before the board shall be given to all interestedpersons. The hearing may not be earlier than ten (10) days after thepublication of notice.
(b) The notice of hearing shall be published one (1) time in themanner prescribed by IC 5-3-1. The notice must name the day, place,and hour of the hearing and set forth a brief summary of the principalterms of the lease, including the location and name of the proposedlessor corporation, the character of the property to be leased, therental to be paid, the term of the lease, and a summary of the terms
of purchase under the option. The cost of publication shall be paid bythe lessor corporation.
(c) The proposed lease, drawings, plans, specifications, andestimates for the solid waste disposal facilities shall be kept availablefor inspection by the public during the ten (10) day period and at themeeting.
(d) At the hearing, which may be adjourned from time to time, allinterested persons are entitled to be heard upon the necessity for theexecution of the lease and upon the fairness and reasonableness ofthe rental and purchase price provided for in the lease.
(e) After the hearing, the board may authorize the execution of thelease as originally agreed upon or make the modifications in the leasethat are agreed upon with the lessor corporation. However, the leaserental or purchase price as set out in the published notice may not beincreased.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-26
Lease with option to purchase facilities; notice of date of executionof lease
Sec. 26. When the execution of a lease is authorized under section25 of this chapter, the board shall give at least ten (10) days' noticeof the date upon which the lease will be executed. The notice shallbe published one (1) time in the manner prescribed by IC 5-3-1. Anaction to contest the validity of the lease or to enjoin the performanceof any of the terms and conditions of the lease may not be broughtafter the execution of the lease.
As added by Acts 1981, P.L.309, SEC.106. Amended byP.L.169-2006, SEC.81.
IC 36-9-30-27
Lease with option to purchase facilities; lessor corporation;payment
Sec. 27. In anticipation of the acquisition of a site and theconstruction and erection of solid waste disposal facilities, includingthe necessary equipment and appurtenances, a unit may enter into alease with option to purchase with a lessor corporation, subject to theapproval of the department of local government finance. Such a leasemay not provide for the payment of any lease rental by the lesseeuntil the facilities are completed and ready for solid waste disposal.The lessor corporation shall agree in the lease to furnish a bondsatisfactory to the lessee and conditioned upon final completion ofthe facilities within the period specified in the lease, except forunavoidable delays.
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.90-2002,SEC.515.
IC 36-9-30-28
Lease with option to purchase facilities; erection of facility on landowned by unit Sec. 28. A unit that wants to have solid waste disposal facilitieserected on land owned or to be acquired by the unit may:
(1) sell that land to the lessor; or
(2) lease that land to the lessor for a nominal rental for the sameperiod of years that the unit leases the facilities, and grant anoption to the lessor to purchase the land within six (6) monthsafter the termination of the lease of the facilities if the unitdefaults under the terms of the lease and the lease is terminated.
If the option price on the land is not fixed in the original lease, thecircuit court for the county shall appoint three (3) appraisers whoreside in the unit to determine the price to be paid for the land underthe option.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-29
Lease with option to purchase facilities; submission of plans,specifications, and estimates; preliminary engineering design work
Sec. 29. (a) A lessor corporation proposing to build solid wastedisposal facilities, including the necessary equipment andappurtenances, shall, after the execution of the lease, submit to theunit plans, specifications, and estimates for the facilities. The plansand specifications shall be submitted to the state department ofhealth and must be approved in writing by the state department andby the unit before the execution of the lease.
(b) This section does not prohibit the unit from contracting for thepreliminary engineering design work necessary to initiate theplanning and engineering of the solid waste disposal facilities, andmaking provisions for payment for these services.
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.2-1992,SEC.895.
IC 36-9-30-30
Lease with option to purchase facilities; annual tax levy; review oflevy
Sec. 30. A unit that wants to lease solid waste disposal facilitiesunder this chapter shall annually levy a tax sufficient to produce themoney required to pay the rental stipulated in the lease. The levymay be reviewed by other bodies vested by law with that authority,in order to ascertain that the levy is sufficient to raise the amountrequired under the lease.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-31
Lease with option to purchase facilities; tax exemption
Sec. 31. A solid waste disposal facility leased by a lessorcorporation to a unit under this chapter is exempt from all state,county, and other taxes, including all sales and use taxes applicableto tangible personal property incorporated or to be incorporated inthe facility. However, the rental paid to a lessor corporation underthe terms of such a lease is subject to all applicable taxes.As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-32
Lease with option to purchase facilities; exercise of option;nonexercise of option; extension of lease
Sec. 32. (a) If a unit exercises an option to purchase contained ina lease under section 24 of this chapter, it may pay the purchase priceof the facilities purchased with money obtained from bonds issuedand sold under the statutes governing the issue and sale of bonds ofthe unit.
(b) If the unit does not exercise the option to purchase at theexpiration of the lease, the solid waste disposal facilities covered bythe lease become the absolute property of the unit upon the unit's fulldischarge and performance of its obligations under the lease. Thelessor corporation shall execute proper instruments conveying to theunit good and merchantable title to the facilities.
(c) If the unit does not exercise the option to purchase, then theboard, subject to the approval of the fiscal body of the unit, mayextend the lease of the solid waste disposal facility for the term, notto exceed a period equal to the term of the original lease, and for theconsideration agreed to by the parties to the original lease or theirassignees. At the end of the extension period, the facility covered bythe lease becomes the absolute property of the unit, and the lessorcorporation shall execute all proper instruments to convey the facilityto the unit.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-33
Adoption of rules
Sec. 33. The solid waste management board may adopt rulesunder IC 4-22-2 to carry out this chapter.
As added by Acts 1981, P.L.309, SEC.106. Amended byP.L.143-1985, SEC.204.
IC 36-9-30-34
Statutes, ordinances, or rules
Sec. 34. Action taken by the department of environmentalmanagement under this chapter does not limit the powers of othergovernmental entities to make or enforce other statutes, ordinances,or rules for the storage, collection, removal, or disposal of solidwaste, if they do not conflict with this chapter. For purposes of thissection, the provisions of this chapter shall be construed ascumulative or alternative.
As added by Acts 1981, P.L.309, SEC.106. Amended byP.L.143-1985, SEC.205.
IC 36-9-30-35
Methods of disposal; necessity of compliance with laws and rules;operation of nuisance inimical to human health; Class C infraction;injunctive or mandatory relief Sec. 35. (a) Solid waste may be disposed of on land only throughuse of sanitary landfills, incineration, composting, garbage grinding,or other acceptable methods approved by the department ofenvironmental management in accordance with rules adopted by thesolid waste management board. A person may not operate ormaintain an open dump.
(b) A person may not operate or maintain facilities for thecollection and disposal of solid waste, except as set out in section 4of this chapter or under rules adopted by the solid waste managementboard.
(c) Failure to comply with this section constitutes the operation ofa nuisance inimical to human health. A prosecuting attorney whoreceives a report of such a failure from the department ofenvironmental management, a solid waste management district, or alocal health officer shall cause appropriate court proceedings to beinstituted.
(d) A person who fails to comply with this section commits aClass C infraction. If the violation is of a continuing nature, each dayof failure to comply constitutes a separate infraction.
(e) The department of environmental management may bringproceedings for injunctive or mandatory relief through the attorneygeneral against any person (including any agency of the state orfederal government) for failure to comply with this section.
As added by Acts 1981, P.L.309, SEC.106. Amended byP.L.143-1985, SEC.206; P.L.33-1992, SEC.22.
IC 36-9-30-36
Repealed
(Repealed by P.L.40-1999, SEC.3.)