CHAPTER 33. COLLECTION AND DISPOSAL OF WASTE GENERALLY

IC 36-9-33
    Chapter 33. Collection and Disposal of Waste Generally

IC 36-9-33-1
Application of chapter
    Sec. 1. This chapter applies to all units (except townships andcounties having a consolidated city) that adopt ordinances undersection 3 of this chapter after March 31, 1987.
As added by P.L.353-1985, SEC.2.

IC 36-9-33-2
"Solid waste" defined
    Sec. 2. As used in this chapter, "solid waste" has the meaning setforth in IC 36-9-30-2, except that the term does not include thefollowing:
        (1) Sludge, sewage, and other highly diluted water-carriedmaterials or substances and those in gaseous forms.
        (2) Metal, glass, paper, paperboard, or corrugated material thatis stored, collected, or recovered for recycling.
        (3) Waste regulated under IC 13-22-1 through IC 13-22-8 andIC 13-22-13 through IC 13-22-14.
        (4) Waste generated by any person that disposes of the person'sown waste in:
            (A) a fully permitted sanitary landfill owned or leased by theperson; or
            (B) a resource recovery facility owned by the person;
        at the date of adoption of the ordinance by the unit.
        (5) Waste generated by any agricultural activity.
        (6) Waste generated by a new manufacturing or a commercialenterprise or by the expansion of an existing manufacturing orcommercial enterprise.
        (7) Other waste described in an ordinance adopted by the unit'slegislative body.
As added by P.L.353-1985, SEC.2. Amended by P.L.1-1996, SEC.98.

IC 36-9-33-3
Power to provide for collection and disposal of solid waste
    Sec. 3. A unit may by ordinance provide for and exclusivelycontrol the collection and disposal of solid waste under this chapterwithin the unit. However, a unit may exercise this power only uponthe completion of construction or the acquisition of a facility for theprocessing or disposal of solid waste by incineration or similarmethods.
As added by P.L.353-1985, SEC.2.

IC 36-9-33-4
Territorial limitations for municipalities
    Sec. 4. (a) A municipality may not exercise a power granted bythis chapter inside the boundaries of another municipality without theconsent of that municipality's legislative body.    (b) A municipality may not exercise a power granted by thischapter in unincorporated territory without the consent of theexecutive of the county in which that territory is located.
As added by P.L.353-1985, SEC.2.

IC 36-9-33-5
Territorial limitation for counties
    Sec. 5. A county may not exercise a power granted by this chapterinside the boundaries of any municipality in that county without theconsent of that municipality's legislative body.
As added by P.L.353-1985, SEC.2.

IC 36-9-33-6
Joint exercise of power
    Sec. 6. Notwithstanding sections 3 and 4 of this chapter, units mayjointly exercise a power granted by this chapter in the mannerprovided by IC 36-1-7.
As added by P.L.353-1985, SEC.2.