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 a
joint solid waste management district that includes the entire
area 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 from
a joint solid waste management district under IC 13-21-4, the county
executive of the county may adopt an ordinance to join another or
establish 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) must
include the approval of an agreement governing the operation of the
joint district.
(d) If a county fails to comply with this section, the commissioner
shall 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 a
county must be included in the designated county solid waste
management district or the joint solid waste management district to
which 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 ordinance
establishing a joint district and approving an agreement governing
the operation of the joint district, a county shall provide the
commissioner 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 or
has joined with at least one (1) other county in a joint district, a
board 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), the
board of a county district consists of the following members:
(1) Two (2) members appointed by the county executive from
the membership of the county executive.
(2) One (1) member appointed by the county fiscal body from
the membership of the fiscal body.
(3) One (1) member:
(A) who is the executive of the municipality having the
largest population in the county if that municipality is a city;
or
(B) appointed from the membership of the legislative body
of a town if the town is the municipality having the largest
population in the county.
(4) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(5) One (1) member:
(A) who is the executive of a city in the county that is not
the municipality having the largest population in the county;
or
(B) who is a member of the legislative body of a town that
is not the municipality having the largest population in the
county;
and who is appointed by the executive of that county to
represent the municipalities in the county other than the
municipality having the largest population.
(6) One (1) additional member appointed by the county
executive from the membership of the county executive.
(b) If a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
is designated as a county district, the executives of the three (3) cities
in the county having the largest populations each serve as a member
of the board or may appoint a member of the legislative body of their
city to serve as a member of the board. If a county having a
population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000) is designated as a county
district, the executives of the two (2) cities in the county having the
largest populations each serve as a member of the board. If a county
having a population of more than two hundred thousand (200,000)
but less than three hundred thousand (300,000) is designated as a
county district, the board of that county district must include the
following:
(1) One (1) member of the legislative body of the city having
the second largest population in the county, appointed by the
president of the city legislative body.
(2) One (1) member of the legislative body of a town located in
the county, appointed by the judge of the circuit court in the
county.
(c) If a county having a consolidated city is designated a county
district, the board of public works established under IC 36-3-5-6
constitutes the board of the county district.
(d) If a county designated as a county district has a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000), the board of the district consists of the
following members:
(1) One (1) member appointed by the county executive from the
membership of the county executive.
(2) Two (2) members appointed from the county fiscal body
appointed from the membership of the county fiscal body.
(3) The executive of each second or third class city or a member
of the legislative body of their city appointed by the executive.
(4) One (1) member of the legislative body of each town
appointed by the legislative body.
(5) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(6) If a local government unit in the county has an operating
final disposal facility located within the unit's jurisdiction, one
(1) member of the unit's board of public works appointed by the
board of public works.
(e) This subsection applies only to a county that does not contain
a city. If the county executive and the county fiscal body of a county
designated as a county district agree, the board of the district shall
consist 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 the
county fiscal body.
(3) One (1) member of each of the town legislative bodies of the
four (4) or five (5) towns in the county having the largest
population, 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), the
board of a joint district consists of the following:
(1) One (1) member of the county executive of each
participating county.
(2) One (1) member of the county fiscal body of each
participating county.
(3) One (1) member:
(A) who is the executive of the municipality having the
largest population in the county if that municipality is a city;
or
(B) if a town is the municipality having the largest
population in the county, who is appointed from the
membership 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 cities
under subsection (b), if applicable.
(6) Additional members appointed by the executive of each
participating county from the membership of the executive, as
permitted under subsection (c).
(7) One (1) additional member appointed by the executive of
the participating county having the largest population from the
membership of the executive if the appointments made under
subdivisions (1) through (6) result in an even number of
members.
(b) If a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
has joined in a joint district, the executive of the three (3) cities in
the county having the largest populations each serve as a member of
the board. If a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand (300,000)
has joined in a joint district, the executive of the two (2) cities in the
county having the largest populations each serve as a member of the
board.
(c) An agreement between two (2) or more counties establishing
a joint district may allow the executive of each county to appoint a
certain number of additional members from the membership of the
executive based upon the proportion of each county's population to
the population of the entire district.
(d) An agreement among three (3) or more counties establishing
a 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 entered
into by the executive of each county governing the operation of the
district. All members of a board appointed under this subsection must
be 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 in
each county included in the joint district as recommended by
the executive of the largest municipality and approved by the
legislative body of the largest municipality; and
(2) may include representation from other municipalities in
each county included in the joint district as recommended by
the executive of a municipality and approved by the legislative
body of the municipality.
(f) The board of a joint district may allow a member who is
appointed 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 vote
with 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 four
hundred thousand (400,000) but less than seven hundred
thousand (700,000);
the board appointed under section 5 of this chapter may elect from
the board's membership an executive committee having an odd
number of members.
(b) An executive committee elected under subsection (a) for a
joint district has only the powers invested in the committee by
resolution of the board. An executive committee may exercise any
powers of the board under this article that are delegated to the
executive committee by resolution of the board.
(c) The board of the joint district may appoint one (1) or more
alternates 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 executive
committee is absent.
(d) A meeting of an executive committee may serve as the
regularly scheduled monthly meeting of a board as required under
IC 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 board
of public works that constitutes the board of a county district under
section 5(c) of this chapter.
(b) The term of office of a member of the board of a district who
is appointed from the membership of an executive, legislative, or
fiscal body under this chapter is coextensive with the member's term
of office on that body. The term of office of other appointed
members of the board is two (2) years.
(c) All members of the board serve at the pleasure of the
appointing 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 works
that constitutes the board of a county district under section 5(c) of
this chapter.
(b) The board shall select the following:
(1) A chairperson and vice chairperson from the board's
membership.
(2) A controller who is not a member of the board.
(c) If a controller selected by a board under this section is the
fiscal officer of a county or municipality, the duties of the controller
under a statute or an ordinance are in addition to the duties the
controller has while serving as the fiscal officer of the county or
municipality. 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 chapter
shall do the following:
(1) Be the official custodian of all district money and, subject
to the terms of any resolution or trust indenture under which
bonds are issued under this article, deposit and invest all district
money in the same manner as other county money is deposited
and invested under IC 5-13.
(2) Be responsible to the board for the fiscal management of the
district.
(3) Be responsible for the proper safeguarding and accounting
of the district's money.
(4) Subject to subsection (c), issue warrants approved by the
board after a properly itemized and verified claim has been
presented to the board on a claim docket.
(5) Make financial reports of district money and present the
reports 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 make
claim payments for:
(1) payroll;
(2) the state solid waste management fee imposed by
IC 13-20-22-1; and
(3) certain specific vendors identified in the resolution;
without the claims being first approved by the board if before
payment the claims are approved in writing by the chairperson of the
board or in the absence of the chairperson another member of the
board designated by the chairperson. The claims shall be reviewed
and allowed by the board at the board's next regular or special
meeting. 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 convene
a solid waste management advisory committee of citizens not later
than thirty (30) days after the board has been established. The
committee must include the following:
(1) Representatives of the solid waste management industry
operating in the district.
(2) Representatives of the environmental community and other
citizens who are:
(A) knowledgeable about and interested in environmental
issues; and
(B) not employed directly or indirectly by the solid waste
management industry.
(b) At least fifty percent (50%) of the members of an advisory
committee must be made up of the representatives of the
environmental community and other citizens. All members of the
committee must be residents of the district.
(c) In the resolution establishing an advisory committee, the board
shall specify the terms of the members and the purposes of the
committee. Each advisory committee shall do the following:
(1) Study the subjects and problems specified by the board and
recommend to the board additional problems in need of study
and discussion.
(2) If invited by the board to do so, participate, without the right
to vote, in the deliberations of the board.
(d) An advisory committee shall report only to the board. Reports
of the committee must:
(1) accompany a final district plan when the plan is submitted
to 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 on
matters that are not specified by the board if the committee
determines 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. The
advisory committee shall submit into the record at the next meeting
of 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 proposed
annual budget.
(2) Submit written comments concerning the proposed budget
at 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, the
powers of a district include the following:
(1) The power to develop and implement a district solid waste
management plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal of
solid waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primary
purpose of activities undertaken under this subdivision is to
carry 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 waste
management.
(6) The power to enter with any person into a contract or an
agreement that is necessary or incidental to the management of
solid waste. Contracts or agreements that may be entered into
under this subdivision include those for the following:
(A) The design, construction, operation, financing,
ownership, or maintenance of facilities by the district or any
other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products
generated by a facility.
Notwithstanding any other statute, the maximum term of a
contract or an agreement described in this subdivision may not
exceed forty (40) years.
(7) The power to enter into agreements for the leasing of
facilities in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real or
personal property for the management or disposal of solid
waste.
(9) The power to sell or lease any facility or part of a facility to
any person.
(10) The power to make and contract for plans, surveys, studies,
and investigations necessary for the management or disposal of
solid 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, or
services 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 of
operation in connection with solid waste management, subject
to 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 this
chapter, a property tax rate imposed under this article may not
exceed eight and thirty-three hundredths cents ($0.0833) on
each one hundred dollars ($100) of assessed valuation of
property in the district.
(14) The power to borrow in anticipation of taxes.
(15) The power to hire the personnel necessary for the
management or disposal of solid waste in accordance with an
approved 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 this
subdivision 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 unless
the municipality adopts the language of the resolution by
ordinance or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and
conditionally exempt small quantity generator (as described
in 40 CFR 261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and
disposal project grant under IC 13-20-20 and carry out all
commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for
a household hazardous waste and conditionally exempt small
quantity generator (as described in 40 CFR 261.5(a))
collection and disposal project, so that at the end of the
district's fiscal year the unused and unencumbered balance
of appropriated money reverts to the district's general fund
only if the district's board specifically provides by resolution
to discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as
described in IC 13-20-22-2 and carry out all commitments
contained in a grant application.
(19) The power to enter into an interlocal cooperation
agreement 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 for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a final
disposal 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 final
disposal 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 waste
stream as a material component of another product, if the
primary purpose of activities undertaken under this subdivision
is to carry out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital
fund. 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 fund
established under this subdivision must further the goals and
objectives contained in a district's solid waste management
plan. Not more than five percent (5%) of the district's total
annual budget for the year may be transferred to the capital fund
that year. The balance in the capital fund may not exceed
twenty-five percent (25%) of the district's total annual budget.
If a district's board determines by resolution that a part of a
capital fund will not be needed to further the goals and
objectives contained in the district's solid waste management
plan, that part of the capital fund may be transferred to the
district's general fund, to be used to offset tipping fees, property
tax revenues, or both tipping fees and property tax revenues.
(25) The power to conduct promotional or educational programs
that include giving awards and incentives that further the
district's solid waste management plan.
(26) The power to conduct educational programs under
IC 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 programs
under 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 population
of more than one hundred seventy thousand (170,000) but less than
one hundred eighty thousand (180,000).
(b) In addition to the powers granted to a district under section 12
of this chapter, a district may make grants or loans of money,
property, or services to a public or private program to plant or
maintain trees in an area of the district that is a right-of-way, public
property, 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 lawful
means real property or interests in real and personal property
needed 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 improve
facilities.
(3) Lease facilities to users or developers with or without an
option to purchase.
(4) Sell facilities to users or developers for consideration, which
may be paid in installments or otherwise.
(5) Make direct loans to users or developers for the cost of
acquisition, construction, or installation of facilities, including
real property, machinery, or equipment. If loans are made, the
development bonds must be secured by the pledge of one (1) or
more bonds or other secured or unsecured debt obligations of
the users or developers.
(6) Enter into agreements with users or developers to allow the
users or developers to wholly or partially acquire, construct, or
modify facilities to be acquired by the district.
(7) Issue waste management development bonds under
IC 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 provided
in IC 13-21-9.
(b) This section or IC 13-21-9 does not authorize the district's
financing of facilities for a developer unless any agreement that
exists between a developer and a user is fully disclosed to and
approved 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 under
IC 13-21-7-10.
(4) A fund established to secure the payment of principal and
interest under IC 13-21-12-1(12).
(b) At the end of each year the district shall prepare a report that
provides 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 is
legally obligated to pay;
(C) a copy of documentation that supports each
encumbrance listed in clause (B);
(D) the fund balance obtained by subtracting the amount
under 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 under
subdivision (1)(E).
(c) The district shall provide the report developed under
subsection (b) to the department, the department of local government
finance, and the environmental quality service council by February
1 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 14.5
of 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 to
exclusively control the collection or disposal of any solid waste
or recyclables within the district by means that include the
following:
(A) Franchising.
(B) Establishing a territory or territories within the district
in which a person may provide service.
(3) The power to establish the type of service that a person must
provide for the collection or disposal of solid waste or
recyclables within the district.
(4) The power to establish fees that a person must charge for the
collection or disposal of solid waste or recyclables within the
district.
(5) The power to issue permits for an activity that is already
permitted by a state agency, except as expressly granted by
statute.
(b) If one (1) or more of the governmental entities in a district, at
the time of the formation of the district, is a party to a contract
providing that the persons contracted with have the exclusive right
to collect or dispose of solid waste within the jurisdiction of the
governmental entity, the district may enter into an extension of that
contract.
(c) Subsection (a) does not apply to activities conducted as part of
a 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 solid
waste district provides with its facilities or work force before
March 15, 1996.
(2) Waste management services provided to the district under
an agreement entered into by the district before March 15,
1996, with another person until the agreement terminates by its
terms or is terminated for cause.
(3) The development, operation, and contracting for the
development or operation of a publicly owned solid waste
landfill in a county having a population of more than one
hundred ten thousand (110,000) but less than one hundred
fifteen thousand (115,000). The operation of the landfill must
have begun before July 1, 2001.
(4) A contract entered into between the board and a third party
before May 1, 1997, for the development or operation of a solid
waste landfill in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). The third party is limited to those parties
that submitted proposals to the board under a formal request for
proposals 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 a
facility that is owned by the district and for which construction
was 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 means
of its own work force; or
(2) contract with any person to provide waste management
services.
(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 provide
waste management services at a reasonable cost to the
district; or
(2) if the district is requested to do so by a unit of government
that performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district
must either provide waste management services by means of its own
work force or contract with a person to provide waste management
services, only if the board finds that:
(1) the waste management service is not currently available in
the district at a reasonable cost; and
(2) providing the waste management service by means of its
own 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 5-3-1
and at the time of publication serve by first class mail to any person
that delivers to the district an annual written request for notices
before January 1 of any meeting to consider adoption of a resolution
making a preliminary determination that it is necessary for the
district to undertake to provide waste management services by means
of its own work force or contract with any person to provide waste
management services.
(f) Whenever a district evaluates the reasonableness of cost under
this section, it shall:
(1) compare the cost of the same level of service provided in the
district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services
with its own facilities or work force, the district must disclose
the entire cost of providing the service by the district, including
the following:
(A) subsidies arising from taxes, fees, grants, or
intergovernmental transfers;
(B) in-kind contributions of real estate, interests in real
estate, equipment, personnel, or other assets;
(C) discounts; and
(D) tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a
district 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 not
more 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 of
more than thirty-two thousand (32,000) but less than thirty-three
thousand (33,000) may appeal to the department of local government
finance to have a property tax rate in excess of the rate permitted by
section 12 of this chapter. The appeal may be granted if the district
establishes 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 fees
charged by out of county landfills to dispose of solid waste
generated in the district during the design and construction
phases of the landfill being established by the district.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5 applies to an appeal under this section. Any additional
levy granted under this section may not exceed seven and thirty-three
hundredths cents ($0.0733) on each one hundred dollars ($100) of
assessed valuation of property in the district.
(c) The department of local government finance shall establish the
tax rate if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires not
later 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 local
government finance to have a property tax rate in excess of the rate
permitted by section 12 of this chapter. The appeal may be granted
if the district with respect to 2001 property taxes payable in 2002:
(1) imposed the maximum property tax rate established under
section 12 of this chapter; and
(2) collected property tax revenue in an amount less than the
maximum permissible ad valorem property tax levy determined
for the district under IC 6-1.1-18.5.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5 applies to an appeal under this section.
(c) An additional levy granted under this section may not exceed
the rate calculated to result in a property tax levy equal to the
maximum permissible ad valorem property tax levy determined for
the district under IC 6-1.1-18.5.
(d) The department of local government finance shall establish the
tax 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 in
IC 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 the
county in which the landfill is located to construct or close
the landfill cell.
(b) To be eligible to include within the district's budget for the
following year tax revenue derived from the imposition of a property
tax, the first year that a property tax will be imposed and any
subsequent year in which the proposed tax levy will increase by five
percent (5%) or more, a board must present identical resolutions to
each of the county fiscal bodies within the district seeking approval
for the use of property tax revenue within the district. The resolution
must state the proposed property tax levy and the proposed use of the
revenue. The resolution must be stated so that:
(1) a "yes" vote indicates approval of the levy and the proposed
use of property tax revenue within the district; and
(2) a "no" vote indicates disapproval of the levy and the
proposed use of property tax revenue within the district.
(c) For a resolution described in subsection (b) to be approved by
the county fiscal body:
(1) the county fiscal body must record the vote taken on the
resolution under subsection (b) before May 1 of the year in
which the vote was taken; and
(2) the recorded vote must indicate approval of the use of
property tax revenue within the district.
(d) If all of the county fiscal bodies within a district do not record
the approval described in subsection (c) before May 1 of the year in
which 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 was
taken.
(e) Notwithstanding subsection (d), after the first year a tax is
imposed under this section, the resolution required by subsection (b)
for a district that is located in more than two (2) counties need only
be approved by a majority of the county fiscal bodies for the counties
in which the district is located.
(f) A district may not issue bonds to be repaid, directly or
indirectly, with money or property tax revenue of the district until a
majority of the members of each of the county fiscal bodies within
a 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 in
planning 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 to
attend a conference, seminar, or training session that concerns solid
waste 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, or
training session.
(b) A board may appropriate money necessary to provide
membership for the district in state and national:
(1) civic;
(2) educational;
(3) professional; or
(4) governmental;
organizations that are concerned with the betterment and
improvement 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 a
district may, with the approval of the fiscal body of the county or
municipality:
(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's
authority to any board or legislative body of a municipality by
resolution. However:
(1) an exercise by a municipality of the taxing power of the
district must be ratified by the board of the district; and
(2) if the board of a municipality has been delegated authority
under this subsection, the legislative body of the municipality
must approve an action of the board of the municipality that
involves:
(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 or
IC 13-9.5 (before its repeal).
(b) The board may delegate authority to the board's officers to
carry out the directions of the board.
(c) A resolution delegating powers of the board under this section
must contain reasonable standards and parameters within which the
delegated 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, and
IC 13-21-13, and except as provided in subsection (b), unless the
legislative body of a county having a consolidated city elects by
ordinance to participate in the rules, ordinances, and governmental
structures enacted or created under this article, the management of
solid waste activities and the collection of fees on the disposal of
solid waste in a final disposal facility located in that county are
exempt from regulation or control under this article.
(b) The exemption under subsection (a) does not apply to
IC 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 annual
budget, 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 a
matter 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; delinquent
payments
Sec. 22. (a) This subsection does not apply to the collection of
property taxes. The board of a district may contract with a county to
collect 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 to
reimburse the county for the administrative expenses of
collecting fees and revenue.
(4) Establish the date or conditions under which the agreement
expires.
(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 to
the 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 public
meeting.
The written consent of the county auditor and county treasurer must
be incorporated by reference into the resolution adopted by the
county executive body.
(d) To carry out a contract under this section, a county executive
body may establish a collection charge. The charge may not exceed
the direct costs of collecting fees and revenue, including an
allowance for computer reprogramming and other costs incurred to
establish and maintain the collection program. Collection charges
received by a county shall be deposited in the county general fund.
(e) Revenue and fees collected by a county shall be deposited in
a separate fund and distributed to the district, without an
appropriation 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 sent
to a taxpayer.
(g) A county or the district may collect a delinquent payment
subject to this section in the same manner as any general debt may
be collected. As added by P.L.1-1996, SEC.11.
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 a
joint solid waste management district that includes the entire
area 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 from
a joint solid waste management district under IC 13-21-4, the county
executive of the county may adopt an ordinance to join another or
establish 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) must
include the approval of an agreement governing the operation of the
joint district.
(d) If a county fails to comply with this section, the commissioner
shall 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 a
county must be included in the designated county solid waste
management district or the joint solid waste management district to
which 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 ordinance
establishing a joint district and approving an agreement governing
the operation of the joint district, a county shall provide the
commissioner 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 or
has joined with at least one (1) other county in a joint district, a
board 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), the
board of a county district consists of the following members:
(1) Two (2) members appointed by the county executive from
the membership of the county executive.
(2) One (1) member appointed by the county fiscal body from
the membership of the fiscal body.
(3) One (1) member:
(A) who is the executive of the municipality having the
largest population in the county if that municipality is a city;
or
(B) appointed from the membership of the legislative body
of a town if the town is the municipality having the largest
population in the county.
(4) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(5) One (1) member:
(A) who is the executive of a city in the county that is not
the municipality having the largest population in the county;
or
(B) who is a member of the legislative body of a town that
is not the municipality having the largest population in the
county;
and who is appointed by the executive of that county to
represent the municipalities in the county other than the
municipality having the largest population.
(6) One (1) additional member appointed by the county
executive from the membership of the county executive.
(b) If a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
is designated as a county district, the executives of the three (3) cities
in the county having the largest populations each serve as a member
of the board or may appoint a member of the legislative body of their
city to serve as a member of the board. If a county having a
population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000) is designated as a county
district, the executives of the two (2) cities in the county having the
largest populations each serve as a member of the board. If a county
having a population of more than two hundred thousand (200,000)
but less than three hundred thousand (300,000) is designated as a
county district, the board of that county district must include the
following:
(1) One (1) member of the legislative body of the city having
the second largest population in the county, appointed by the
president of the city legislative body.
(2) One (1) member of the legislative body of a town located in
the county, appointed by the judge of the circuit court in the
county.
(c) If a county having a consolidated city is designated a county
district, the board of public works established under IC 36-3-5-6
constitutes the board of the county district.
(d) If a county designated as a county district has a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000), the board of the district consists of the
following members:
(1) One (1) member appointed by the county executive from the
membership of the county executive.
(2) Two (2) members appointed from the county fiscal body
appointed from the membership of the county fiscal body.
(3) The executive of each second or third class city or a member
of the legislative body of their city appointed by the executive.
(4) One (1) member of the legislative body of each town
appointed by the legislative body.
(5) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(6) If a local government unit in the county has an operating
final disposal facility located within the unit's jurisdiction, one
(1) member of the unit's board of public works appointed by the
board of public works.
(e) This subsection applies only to a county that does not contain
a city. If the county executive and the county fiscal body of a county
designated as a county district agree, the board of the district shall
consist 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 the
county fiscal body.
(3) One (1) member of each of the town legislative bodies of the
four (4) or five (5) towns in the county having the largest
population, 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), the
board of a joint district consists of the following:
(1) One (1) member of the county executive of each
participating county.
(2) One (1) member of the county fiscal body of each
participating county.
(3) One (1) member:
(A) who is the executive of the municipality having the
largest population in the county if that municipality is a city;
or
(B) if a town is the municipality having the largest
population in the county, who is appointed from the
membership 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 cities
under subsection (b), if applicable.
(6) Additional members appointed by the executive of each
participating county from the membership of the executive, as
permitted under subsection (c).
(7) One (1) additional member appointed by the executive of
the participating county having the largest population from the
membership of the executive if the appointments made under
subdivisions (1) through (6) result in an even number of
members.
(b) If a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
has joined in a joint district, the executive of the three (3) cities in
the county having the largest populations each serve as a member of
the board. If a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand (300,000)
has joined in a joint district, the executive of the two (2) cities in the
county having the largest populations each serve as a member of the
board.
(c) An agreement between two (2) or more counties establishing
a joint district may allow the executive of each county to appoint a
certain number of additional members from the membership of the
executive based upon the proportion of each county's population to
the population of the entire district.
(d) An agreement among three (3) or more counties establishing
a 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 entered
into by the executive of each county governing the operation of the
district. All members of a board appointed under this subsection must
be 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 in
each county included in the joint district as recommended by
the executive of the largest municipality and approved by the
legislative body of the largest municipality; and
(2) may include representation from other municipalities in
each county included in the joint district as recommended by
the executive of a municipality and approved by the legislative
body of the municipality.
(f) The board of a joint district may allow a member who is
appointed 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 vote
with 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 four
hundred thousand (400,000) but less than seven hundred
thousand (700,000);
the board appointed under section 5 of this chapter may elect from
the board's membership an executive committee having an odd
number of members.
(b) An executive committee elected under subsection (a) for a
joint district has only the powers invested in the committee by
resolution of the board. An executive committee may exercise any
powers of the board under this article that are delegated to the
executive committee by resolution of the board.
(c) The board of the joint district may appoint one (1) or more
alternates 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 executive
committee is absent.
(d) A meeting of an executive committee may serve as the
regularly scheduled monthly meeting of a board as required under
IC 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 board
of public works that constitutes the board of a county district under
section 5(c) of this chapter.
(b) The term of office of a member of the board of a district who
is appointed from the membership of an executive, legislative, or
fiscal body under this chapter is coextensive with the member's term
of office on that body. The term of office of other appointed
members of the board is two (2) years.
(c) All members of the board serve at the pleasure of the
appointing 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 works
that constitutes the board of a county district under section 5(c) of
this chapter.
(b) The board shall select the following:
(1) A chairperson and vice chairperson from the board's
membership.
(2) A controller who is not a member of the board.
(c) If a controller selected by a board under this section is the
fiscal officer of a county or municipality, the duties of the controller
under a statute or an ordinance are in addition to the duties the
controller has while serving as the fiscal officer of the county or
municipality. 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 chapter
shall do the following:
(1) Be the official custodian of all district money and, subject
to the terms of any resolution or trust indenture under which
bonds are issued under this article, deposit and invest all district
money in the same manner as other county money is deposited
and invested under IC 5-13.
(2) Be responsible to the board for the fiscal management of the
district.
(3) Be responsible for the proper safeguarding and accounting
of the district's money.
(4) Subject to subsection (c), issue warrants approved by the
board after a properly itemized and verified claim has been
presented to the board on a claim docket.
(5) Make financial reports of district money and present the
reports 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 make
claim payments for:
(1) payroll;
(2) the state solid waste management fee imposed by
IC 13-20-22-1; and
(3) certain specific vendors identified in the resolution;
without the claims being first approved by the board if before
payment the claims are approved in writing by the chairperson of the
board or in the absence of the chairperson another member of the
board designated by the chairperson. The claims shall be reviewed
and allowed by the board at the board's next regular or special
meeting. 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 convene
a solid waste management advisory committee of citizens not later
than thirty (30) days after the board has been established. The
committee must include the following:
(1) Representatives of the solid waste management industry
operating in the district.
(2) Representatives of the environmental community and other
citizens who are:
(A) knowledgeable about and interested in environmental
issues; and
(B) not employed directly or indirectly by the solid waste
management industry.
(b) At least fifty percent (50%) of the members of an advisory
committee must be made up of the representatives of the
environmental community and other citizens. All members of the
committee must be residents of the district.
(c) In the resolution establishing an advisory committee, the board
shall specify the terms of the members and the purposes of the
committee. Each advisory committee shall do the following:
(1) Study the subjects and problems specified by the board and
recommend to the board additional problems in need of study
and discussion.
(2) If invited by the board to do so, participate, without the right
to vote, in the deliberations of the board.
(d) An advisory committee shall report only to the board. Reports
of the committee must:
(1) accompany a final district plan when the plan is submitted
to 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 on
matters that are not specified by the board if the committee
determines 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. The
advisory committee shall submit into the record at the next meeting
of 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 proposed
annual budget.
(2) Submit written comments concerning the proposed budget
at 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, the
powers of a district include the following:
(1) The power to develop and implement a district solid waste
management plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal of
solid waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primary
purpose of activities undertaken under this subdivision is to
carry 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 waste
management.
(6) The power to enter with any person into a contract or an
agreement that is necessary or incidental to the management of
solid waste. Contracts or agreements that may be entered into
under this subdivision include those for the following:
(A) The design, construction, operation, financing,
ownership, or maintenance of facilities by the district or any
other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products
generated by a facility.
Notwithstanding any other statute, the maximum term of a
contract or an agreement described in this subdivision may not
exceed forty (40) years.
(7) The power to enter into agreements for the leasing of
facilities in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real or
personal property for the management or disposal of solid
waste.
(9) The power to sell or lease any facility or part of a facility to
any person.
(10) The power to make and contract for plans, surveys, studies,
and investigations necessary for the management or disposal of
solid 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, or
services 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 of
operation in connection with solid waste management, subject
to 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 this
chapter, a property tax rate imposed under this article may not
exceed eight and thirty-three hundredths cents ($0.0833) on
each one hundred dollars ($100) of assessed valuation of
property in the district.
(14) The power to borrow in anticipation of taxes.
(15) The power to hire the personnel necessary for the
management or disposal of solid waste in accordance with an
approved 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 this
subdivision 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 unless
the municipality adopts the language of the resolution by
ordinance or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and
conditionally exempt small quantity generator (as described
in 40 CFR 261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and
disposal project grant under IC 13-20-20 and carry out all
commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for
a household hazardous waste and conditionally exempt small
quantity generator (as described in 40 CFR 261.5(a))
collection and disposal project, so that at the end of the
district's fiscal year the unused and unencumbered balance
of appropriated money reverts to the district's general fund
only if the district's board specifically provides by resolution
to discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as
described in IC 13-20-22-2 and carry out all commitments
contained in a grant application.
(19) The power to enter into an interlocal cooperation
agreement 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 for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a final
disposal 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 final
disposal 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 waste
stream as a material component of another product, if the
primary purpose of activities undertaken under this subdivision
is to carry out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital
fund. 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 fund
established under this subdivision must further the goals and
objectives contained in a district's solid waste management
plan. Not more than five percent (5%) of the district's total
annual budget for the year may be transferred to the capital fund
that year. The balance in the capital fund may not exceed
twenty-five percent (25%) of the district's total annual budget.
If a district's board determines by resolution that a part of a
capital fund will not be needed to further the goals and
objectives contained in the district's solid waste management
plan, that part of the capital fund may be transferred to the
district's general fund, to be used to offset tipping fees, property
tax revenues, or both tipping fees and property tax revenues.
(25) The power to conduct promotional or educational programs
that include giving awards and incentives that further the
district's solid waste management plan.
(26) The power to conduct educational programs under
IC 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 programs
under 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 population
of more than one hundred seventy thousand (170,000) but less than
one hundred eighty thousand (180,000).
(b) In addition to the powers granted to a district under section 12
of this chapter, a district may make grants or loans of money,
property, or services to a public or private program to plant or
maintain trees in an area of the district that is a right-of-way, public
property, 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 lawful
means real property or interests in real and personal property
needed 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 improve
facilities.
(3) Lease facilities to users or developers with or without an
option to purchase.
(4) Sell facilities to users or developers for consideration, which
may be paid in installments or otherwise.
(5) Make direct loans to users or developers for the cost of
acquisition, construction, or installation of facilities, including
real property, machinery, or equipment. If loans are made, the
development bonds must be secured by the pledge of one (1) or
more bonds or other secured or unsecured debt obligations of
the users or developers.
(6) Enter into agreements with users or developers to allow the
users or developers to wholly or partially acquire, construct, or
modify facilities to be acquired by the district.
(7) Issue waste management development bonds under
IC 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 provided
in IC 13-21-9.
(b) This section or IC 13-21-9 does not authorize the district's
financing of facilities for a developer unless any agreement that
exists between a developer and a user is fully disclosed to and
approved 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 under
IC 13-21-7-10.
(4) A fund established to secure the payment of principal and
interest under IC 13-21-12-1(12).
(b) At the end of each year the district shall prepare a report that
provides 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 is
legally obligated to pay;
(C) a copy of documentation that supports each
encumbrance listed in clause (B);
(D) the fund balance obtained by subtracting the amount
under 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 under
subdivision (1)(E).
(c) The district shall provide the report developed under
subsection (b) to the department, the department of local government
finance, and the environmental quality service council by February
1 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 14.5
of 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 to
exclusively control the collection or disposal of any solid waste
or recyclables within the district by means that include the
following:
(A) Franchising.
(B) Establishing a territory or territories within the district
in which a person may provide service.
(3) The power to establish the type of service that a person must
provide for the collection or disposal of solid waste or
recyclables within the district.
(4) The power to establish fees that a person must charge for the
collection or disposal of solid waste or recyclables within the
district.
(5) The power to issue permits for an activity that is already
permitted by a state agency, except as expressly granted by
statute.
(b) If one (1) or more of the governmental entities in a district, at
the time of the formation of the district, is a party to a contract
providing that the persons contracted with have the exclusive right
to collect or dispose of solid waste within the jurisdiction of the
governmental entity, the district may enter into an extension of that
contract.
(c) Subsection (a) does not apply to activities conducted as part of
a 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 solid
waste district provides with its facilities or work force before
March 15, 1996.
(2) Waste management services provided to the district under
an agreement entered into by the district before March 15,
1996, with another person until the agreement terminates by its
terms or is terminated for cause.
(3) The development, operation, and contracting for the
development or operation of a publicly owned solid waste
landfill in a county having a population of more than one
hundred ten thousand (110,000) but less than one hundred
fifteen thousand (115,000). The operation of the landfill must
have begun before July 1, 2001.
(4) A contract entered into between the board and a third party
before May 1, 1997, for the development or operation of a solid
waste landfill in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). The third party is limited to those parties
that submitted proposals to the board under a formal request for
proposals 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 a
facility that is owned by the district and for which construction
was 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 means
of its own work force; or
(2) contract with any person to provide waste management
services.
(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 provide
waste management services at a reasonable cost to the
district; or
(2) if the district is requested to do so by a unit of government
that performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district
must either provide waste management services by means of its own
work force or contract with a person to provide waste management
services, only if the board finds that:
(1) the waste management service is not currently available in
the district at a reasonable cost; and
(2) providing the waste management service by means of its
own 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 5-3-1
and at the time of publication serve by first class mail to any person
that delivers to the district an annual written request for notices
before January 1 of any meeting to consider adoption of a resolution
making a preliminary determination that it is necessary for the
district to undertake to provide waste management services by means
of its own work force or contract with any person to provide waste
management services.
(f) Whenever a district evaluates the reasonableness of cost under
this section, it shall:
(1) compare the cost of the same level of service provided in the
district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services
with its own facilities or work force, the district must disclose
the entire cost of providing the service by the district, including
the following:
(A) subsidies arising from taxes, fees, grants, or
intergovernmental transfers;
(B) in-kind contributions of real estate, interests in real
estate, equipment, personnel, or other assets;
(C) discounts; and
(D) tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a
district 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 not
more 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 of
more than thirty-two thousand (32,000) but less than thirty-three
thousand (33,000) may appeal to the department of local government
finance to have a property tax rate in excess of the rate permitted by
section 12 of this chapter. The appeal may be granted if the district
establishes 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 fees
charged by out of county landfills to dispose of solid waste
generated in the district during the design and construction
phases of the landfill being established by the district.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5 applies to an appeal under this section. Any additional
levy granted under this section may not exceed seven and thirty-three
hundredths cents ($0.0733) on each one hundred dollars ($100) of
assessed valuation of property in the district.
(c) The department of local government finance shall establish the
tax rate if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires not
later 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 local
government finance to have a property tax rate in excess of the rate
permitted by section 12 of this chapter. The appeal may be granted
if the district with respect to 2001 property taxes payable in 2002:
(1) imposed the maximum property tax rate established under
section 12 of this chapter; and
(2) collected property tax revenue in an amount less than the
maximum permissible ad valorem property tax levy determined
for the district under IC 6-1.1-18.5.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5 applies to an appeal under this section.
(c) An additional levy granted under this section may not exceed
the rate calculated to result in a property tax levy equal to the
maximum permissible ad valorem property tax levy determined for
the district under IC 6-1.1-18.5.
(d) The department of local government finance shall establish the
tax 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 in
IC 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 the
county in which the landfill is located to construct or close
the landfill cell.
(b) To be eligible to include within the district's budget for the
following year tax revenue derived from the imposition of a property
tax, the first year that a property tax will be imposed and any
subsequent year in which the proposed tax levy will increase by five
percent (5%) or more, a board must present identical resolutions to
each of the county fiscal bodies within the district seeking approval
for the use of property tax revenue within the district. The resolution
must state the proposed property tax levy and the proposed use of the
revenue. The resolution must be stated so that:
(1) a "yes" vote indicates approval of the levy and the proposed
use of property tax revenue within the district; and
(2) a "no" vote indicates disapproval of the levy and the
proposed use of property tax revenue within the district.
(c) For a resolution described in subsection (b) to be approved by
the county fiscal body:
(1) the county fiscal body must record the vote taken on the
resolution under subsection (b) before May 1 of the year in
which the vote was taken; and
(2) the recorded vote must indicate approval of the use of
property tax revenue within the district.
(d) If all of the county fiscal bodies within a district do not record
the approval described in subsection (c) before May 1 of the year in
which 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 was
taken.
(e) Notwithstanding subsection (d), after the first year a tax is
imposed under this section, the resolution required by subsection (b)
for a district that is located in more than two (2) counties need only
be approved by a majority of the county fiscal bodies for the counties
in which the district is located.
(f) A district may not issue bonds to be repaid, directly or
indirectly, with money or property tax revenue of the district until a
majority of the members of each of the county fiscal bodies within
a 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 in
planning 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 to
attend a conference, seminar, or training session that concerns solid
waste 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, or
training session.
(b) A board may appropriate money necessary to provide
membership for the district in state and national:
(1) civic;
(2) educational;
(3) professional; or
(4) governmental;
organizations that are concerned with the betterment and
improvement 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 a
district may, with the approval of the fiscal body of the county or
municipality:
(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's
authority to any board or legislative body of a municipality by
resolution. However:
(1) an exercise by a municipality of the taxing power of the
district must be ratified by the board of the district; and
(2) if the board of a municipality has been delegated authority
under this subsection, the legislative body of the municipality
must approve an action of the board of the municipality that
involves:
(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 or
IC 13-9.5 (before its repeal).
(b) The board may delegate authority to the board's officers to
carry out the directions of the board.
(c) A resolution delegating powers of the board under this section
must contain reasonable standards and parameters within which the
delegated 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, and
IC 13-21-13, and except as provided in subsection (b), unless the
legislative body of a county having a consolidated city elects by
ordinance to participate in the rules, ordinances, and governmental
structures enacted or created under this article, the management of
solid waste activities and the collection of fees on the disposal of
solid waste in a final disposal facility located in that county are
exempt from regulation or control under this article.
(b) The exemption under subsection (a) does not apply to
IC 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 annual
budget, 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 a
matter 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; delinquent
payments
Sec. 22. (a) This subsection does not apply to the collection of
property taxes. The board of a district may contract with a county to
collect 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 to
reimburse the county for the administrative expenses of
collecting fees and revenue.
(4) Establish the date or conditions under which the agreement
expires.
(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 to
the 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 public
meeting.
The written consent of the county auditor and county treasurer must
be incorporated by reference into the resolution adopted by the
county executive body.
(d) To carry out a contract under this section, a county executive
body may establish a collection charge. The charge may not exceed
the direct costs of collecting fees and revenue, including an
allowance for computer reprogramming and other costs incurred to
establish and maintain the collection program. Collection charges
received by a county shall be deposited in the county general fund.
(e) Revenue and fees collected by a county shall be deposited in
a separate fund and distributed to the district, without an
appropriation 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 sent
to a taxpayer.
(g) A county or the district may collect a delinquent payment
subject to this section in the same manner as any general debt may
be collected. As added by P.L.1-1996, SEC.11.
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 a
joint solid waste management district that includes the entire
area 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 from
a joint solid waste management district under IC 13-21-4, the county
executive of the county may adopt an ordinance to join another or
establish 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) must
include the approval of an agreement governing the operation of the
joint district.
(d) If a county fails to comply with this section, the commissioner
shall 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 a
county must be included in the designated county solid waste
management district or the joint solid waste management district to
which 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 ordinance
establishing a joint district and approving an agreement governing
the operation of the joint district, a county shall provide the
commissioner 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 or
has joined with at least one (1) other county in a joint district, a
board 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), the
board of a county district consists of the following members:
(1) Two (2) members appointed by the county executive from
the membership of the county executive.
(2) One (1) member appointed by the county fiscal body from
the membership of the fiscal body.
(3) One (1) member:
(A) who is the executive of the municipality having the
largest population in the county if that municipality is a city;
or
(B) appointed from the membership of the legislative body
of a town if the town is the municipality having the largest
population in the county.
(4) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(5) One (1) member:
(A) who is the executive of a city in the county that is not
the municipality having the largest population in the county;
or
(B) who is a member of the legislative body of a town that
is not the municipality having the largest population in the
county;
and who is appointed by the executive of that county to
represent the municipalities in the county other than the
municipality having the largest population.
(6) One (1) additional member appointed by the county
executive from the membership of the county executive.
(b) If a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
is designated as a county district, the executives of the three (3) cities
in the county having the largest populations each serve as a member
of the board or may appoint a member of the legislative body of their
city to serve as a member of the board. If a county having a
population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000) is designated as a county
district, the executives of the two (2) cities in the county having the
largest populations each serve as a member of the board. If a county
having a population of more than two hundred thousand (200,000)
but less than three hundred thousand (300,000) is designated as a
county district, the board of that county district must include the
following:
(1) One (1) member of the legislative body of the city having
the second largest population in the county, appointed by the
president of the city legislative body.
(2) One (1) member of the legislative body of a town located in
the county, appointed by the judge of the circuit court in the
county.
(c) If a county having a consolidated city is designated a county
district, the board of public works established under IC 36-3-5-6
constitutes the board of the county district.
(d) If a county designated as a county district has a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000), the board of the district consists of the
following members:
(1) One (1) member appointed by the county executive from the
membership of the county executive.
(2) Two (2) members appointed from the county fiscal body
appointed from the membership of the county fiscal body.
(3) The executive of each second or third class city or a member
of the legislative body of their city appointed by the executive.
(4) One (1) member of the legislative body of each town
appointed by the legislative body.
(5) One (1) member of the legislative body of the municipality
with the largest population in the county appointed by the
legislative body of that municipality.
(6) If a local government unit in the county has an operating
final disposal facility located within the unit's jurisdiction, one
(1) member of the unit's board of public works appointed by the
board of public works.
(e) This subsection applies only to a county that does not contain
a city. If the county executive and the county fiscal body of a county
designated as a county district agree, the board of the district shall
consist 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 the
county fiscal body.
(3) One (1) member of each of the town legislative bodies of the
four (4) or five (5) towns in the county having the largest
population, 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), the
board of a joint district consists of the following:
(1) One (1) member of the county executive of each
participating county.
(2) One (1) member of the county fiscal body of each
participating county.
(3) One (1) member:
(A) who is the executive of the municipality having the
largest population in the county if that municipality is a city;
or
(B) if a town is the municipality having the largest
population in the county, who is appointed from the
membership 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 cities
under subsection (b), if applicable.
(6) Additional members appointed by the executive of each
participating county from the membership of the executive, as
permitted under subsection (c).
(7) One (1) additional member appointed by the executive of
the participating county having the largest population from the
membership of the executive if the appointments made under
subdivisions (1) through (6) result in an even number of
members.
(b) If a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
has joined in a joint district, the executive of the three (3) cities in
the county having the largest populations each serve as a member of
the board. If a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand (300,000)
has joined in a joint district, the executive of the two (2) cities in the
county having the largest populations each serve as a member of the
board.
(c) An agreement between two (2) or more counties establishing
a joint district may allow the executive of each county to appoint a
certain number of additional members from the membership of the
executive based upon the proportion of each county's population to
the population of the entire district.
(d) An agreement among three (3) or more counties establishing
a 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 entered
into by the executive of each county governing the operation of the
district. All members of a board appointed under this subsection must
be 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 in
each county included in the joint district as recommended by
the executive of the largest municipality and approved by the
legislative body of the largest municipality; and
(2) may include representation from other municipalities in
each county included in the joint district as recommended by
the executive of a municipality and approved by the legislative
body of the municipality.
(f) The board of a joint district may allow a member who is
appointed 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 vote
with 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 four
hundred thousand (400,000) but less than seven hundred
thousand (700,000);
the board appointed under section 5 of this chapter may elect from
the board's membership an executive committee having an odd
number of members.
(b) An executive committee elected under subsection (a) for a
joint district has only the powers invested in the committee by
resolution of the board. An executive committee may exercise any
powers of the board under this article that are delegated to the
executive committee by resolution of the board.
(c) The board of the joint district may appoint one (1) or more
alternates 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 executive
committee is absent.
(d) A meeting of an executive committee may serve as the
regularly scheduled monthly meeting of a board as required under
IC 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 board
of public works that constitutes the board of a county district under
section 5(c) of this chapter.
(b) The term of office of a member of the board of a district who
is appointed from the membership of an executive, legislative, or
fiscal body under this chapter is coextensive with the member's term
of office on that body. The term of office of other appointed
members of the board is two (2) years.
(c) All members of the board serve at the pleasure of the
appointing 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 works
that constitutes the board of a county district under section 5(c) of
this chapter.
(b) The board shall select the following:
(1) A chairperson and vice chairperson from the board's
membership.
(2) A controller who is not a member of the board.
(c) If a controller selected by a board under this section is the
fiscal officer of a county or municipality, the duties of the controller
under a statute or an ordinance are in addition to the duties the
controller has while serving as the fiscal officer of the county or
municipality. 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 chapter
shall do the following:
(1) Be the official custodian of all district money and, subject
to the terms of any resolution or trust indenture under which
bonds are issued under this article, deposit and invest all district
money in the same manner as other county money is deposited
and invested under IC 5-13.
(2) Be responsible to the board for the fiscal management of the
district.
(3) Be responsible for the proper safeguarding and accounting
of the district's money.
(4) Subject to subsection (c), issue warrants approved by the
board after a properly itemized and verified claim has been
presented to the board on a claim docket.
(5) Make financial reports of district money and present the
reports 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 make
claim payments for:
(1) payroll;
(2) the state solid waste management fee imposed by
IC 13-20-22-1; and
(3) certain specific vendors identified in the resolution;
without the claims being first approved by the board if before
payment the claims are approved in writing by the chairperson of the
board or in the absence of the chairperson another member of the
board designated by the chairperson. The claims shall be reviewed
and allowed by the board at the board's next regular or special
meeting. 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 convene
a solid waste management advisory committee of citizens not later
than thirty (30) days after the board has been established. The
committee must include the following:
(1) Representatives of the solid waste management industry
operating in the district.
(2) Representatives of the environmental community and other
citizens who are:
(A) knowledgeable about and interested in environmental
issues; and
(B) not employed directly or indirectly by the solid waste
management industry.
(b) At least fifty percent (50%) of the members of an advisory
committee must be made up of the representatives of the
environmental community and other citizens. All members of the
committee must be residents of the district.
(c) In the resolution establishing an advisory committee, the board
shall specify the terms of the members and the purposes of the
committee. Each advisory committee shall do the following:
(1) Study the subjects and problems specified by the board and
recommend to the board additional problems in need of study
and discussion.
(2) If invited by the board to do so, participate, without the right
to vote, in the deliberations of the board.
(d) An advisory committee shall report only to the board. Reports
of the committee must:
(1) accompany a final district plan when the plan is submitted
to 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 on
matters that are not specified by the board if the committee
determines 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. The
advisory committee shall submit into the record at the next meeting
of 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 proposed
annual budget.
(2) Submit written comments concerning the proposed budget
at 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, the
powers of a district include the following:
(1) The power to develop and implement a district solid waste
management plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal of
solid waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primary
purpose of activities undertaken under this subdivision is to
carry 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 waste
management.
(6) The power to enter with any person into a contract or an
agreement that is necessary or incidental to the management of
solid waste. Contracts or agreements that may be entered into
under this subdivision include those for the following:
(A) The design, construction, operation, financing,
ownership, or maintenance of facilities by the district or any
other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products
generated by a facility.
Notwithstanding any other statute, the maximum term of a
contract or an agreement described in this subdivision may not
exceed forty (40) years.
(7) The power to enter into agreements for the leasing of
facilities in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real or
personal property for the management or disposal of solid
waste.
(9) The power to sell or lease any facility or part of a facility to
any person.
(10) The power to make and contract for plans, surveys, studies,
and investigations necessary for the management or disposal of
solid 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, or
services 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 of
operation in connection with solid waste management, subject
to 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 this
chapter, a property tax rate imposed under this article may not
exceed eight and thirty-three hundredths cents ($0.0833) on
each one hundred dollars ($100) of assessed valuation of
property in the district.
(14) The power to borrow in anticipation of taxes.
(15) The power to hire the personnel necessary for the
management or disposal of solid waste in accordance with an
approved 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 this
subdivision 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 unless
the municipality adopts the language of the resolution by
ordinance or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and
conditionally exempt small quantity generator (as described
in 40 CFR 261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and
disposal project grant under IC 13-20-20 and carry out all
commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for
a household hazardous waste and conditionally exempt small
quantity generator (as described in 40 CFR 261.5(a))
collection and disposal project, so that at the end of the
district's fiscal year the unused and unencumbered balance
of appropriated money reverts to the district's general fund
only if the district's board specifically provides by resolution
to discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as
described in IC 13-20-22-2 and carry out all commitments
contained in a grant application.
(19) The power to enter into an interlocal cooperation
agreement 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 for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a final
disposal 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 final
disposal 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 waste
stream as a material component of another product, if the
primary purpose of activities undertaken under this subdivision
is to carry out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital
fund. 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 fund
established under this subdivision must further the goals and
objectives contained in a district's solid waste management
plan. Not more than five percent (5%) of the district's total
annual budget for the year may be transferred to the capital fund
that year. The balance in the capital fund may not exceed
twenty-five percent (25%) of the district's total annual budget.
If a district's board determines by resolution that a part of a
capital fund will not be needed to further the goals and
objectives contained in the district's solid waste management
plan, that part of the capital fund may be transferred to the
district's general fund, to be used to offset tipping fees, property
tax revenues, or both tipping fees and property tax revenues.
(25) The power to conduct promotional or educational programs
that include giving awards and incentives that further the
district's solid waste management plan.
(26) The power to conduct educational programs under
IC 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 programs
under 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 population
of more than one hundred seventy thousand (170,000) but less than
one hundred eighty thousand (180,000).
(b) In addition to the powers granted to a district under section 12
of this chapter, a district may make grants or loans of money,
property, or services to a public or private program to plant or
maintain trees in an area of the district that is a right-of-way, public
property, 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 lawful
means real property or interests in real and personal property
needed 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 improve
facilities.
(3) Lease facilities to users or developers with or without an
option to purchase.
(4) Sell facilities to users or developers for consideration, which
may be paid in installments or otherwise.
(5) Make direct loans to users or developers for the cost of
acquisition, construction, or installation of facilities, including
real property, machinery, or equipment. If loans are made, the
development bonds must be secured by the pledge of one (1) or
more bonds or other secured or unsecured debt obligations of
the users or developers.
(6) Enter into agreements with users or developers to allow the
users or developers to wholly or partially acquire, construct, or
modify facilities to be acquired by the district.
(7) Issue waste management development bonds under
IC 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 provided
in IC 13-21-9.
(b) This section or IC 13-21-9 does not authorize the district's
financing of facilities for a developer unless any agreement that
exists between a developer and a user is fully disclosed to and
approved 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 under
IC 13-21-7-10.
(4) A fund established to secure the payment of principal and
interest under IC 13-21-12-1(12).
(b) At the end of each year the district shall prepare a report that
provides 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 is
legally obligated to pay;
(C) a copy of documentation that supports each
encumbrance listed in clause (B);
(D) the fund balance obtained by subtracting the amount
under 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 under
subdivision (1)(E).
(c) The district shall provide the report developed under
subsection (b) to the department, the department of local government
finance, and the environmental quality service council by February
1 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 14.5
of 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 to
exclusively control the collection or disposal of any solid waste
or recyclables within the district by means that include the
following:
(A) Franchising.
(B) Establishing a territory or territories within the district
in which a person may provide service.
(3) The power to establish the type of service that a person must
provide for the collection or disposal of solid waste or
recyclables within the district.
(4) The power to establish fees that a person must charge for the
collection or disposal of solid waste or recyclables within the
district.
(5) The power to issue permits for an activity that is already
permitted by a state agency, except as expressly granted by
statute.
(b) If one (1) or more of the governmental entities in a district, at
the time of the formation of the district, is a party to a contract
providing that the persons contracted with have the exclusive right
to collect or dispose of solid waste within the jurisdiction of the
governmental entity, the district may enter into an extension of that
contract.
(c) Subsection (a) does not apply to activities conducted as part of
a 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 solid
waste district provides with its facilities or work force before
March 15, 1996.
(2) Waste management services provided to the district under
an agreement entered into by the district before March 15,
1996, with another person until the agreement terminates by its
terms or is terminated for cause.
(3) The development, operation, and contracting for the
development or operation of a publicly owned solid waste
landfill in a county having a population of more than one
hundred ten thousand (110,000) but less than one hundred
fifteen thousand (115,000). The operation of the landfill must
have begun before July 1, 2001.
(4) A contract entered into between the board and a third party
before May 1, 1997, for the development or operation of a solid
waste landfill in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000). The third party is limited to those parties
that submitted proposals to the board under a formal request for
proposals 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 a
facility that is owned by the district and for which construction
was 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 means
of its own work force; or
(2) contract with any person to provide waste management
services.
(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 provide
waste management services at a reasonable cost to the
district; or
(2) if the district is requested to do so by a unit of government
that performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district
must either provide waste management services by means of its own
work force or contract with a person to provide waste management
services, only if the board finds that:
(1) the waste management service is not currently available in
the district at a reasonable cost; and
(2) providing the waste management service by means of its
own 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 5-3-1
and at the time of publication serve by first class mail to any person
that delivers to the district an annual written request for notices
before January 1 of any meeting to consider adoption of a resolution
making a preliminary determination that it is necessary for the
district to undertake to provide waste management services by means
of its own work force or contract with any person to provide waste
management services.
(f) Whenever a district evaluates the reasonableness of cost under
this section, it shall:
(1) compare the cost of the same level of service provided in the
district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services
with its own facilities or work force, the district must disclose
the entire cost of providing the service by the district, including
the following:
(A) subsidies arising from taxes, fees, grants, or
intergovernmental transfers;
(B) in-kind contributions of real estate, interests in real
estate, equipment, personnel, or other assets;
(C) discounts; and
(D) tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a
district 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 not
more 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 of
more than thirty-two thousand (32,000) but less than thirty-three
thousand (33,000) may appeal to the department of local government
finance to have a property tax rate in excess of the rate permitted by
section 12 of this chapter. The appeal may be granted if the district
establishes 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 fees
charged by out of county landfills to dispose of solid waste
generated in the district during the design and construction
phases of the landfill being established by the district.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5 applies to an appeal under this section. Any additional
levy granted under this section may not exceed seven and thirty-three
hundredths cents ($0.0733) on each one hundred dollars ($100) of
assessed valuation of property in the district.
(c) The department of local government finance shall establish the
tax rate if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires not
later 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 local
government finance to have a property tax rate in excess of the rate
permitted by section 12 of this chapter. The appeal may be granted
if the district with respect to 2001 property taxes payable in 2002:
(1) imposed the maximum property tax rate established under
section 12 of this chapter; and
(2) collected property tax revenue in an amount less than the
maximum permissible ad valorem property tax levy determined
for the district under IC 6-1.1-18.5.
(b) The procedure applicable to maximum levy appeals under
IC 6-1.1-18.5 applies to an appeal under this section.
(c) An additional levy granted under this section may not exceed
the rate calculated to result in a property tax levy equal to the
maximum permissible ad valorem property tax levy determined for
the district under IC 6-1.1-18.5.
(d) The department of local government finance shall establish the
tax 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 in
IC 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 the
county in which the landfill is located to construct or close
the landfill cell.
(b) To be eligible to include within the district's budget for the
following year tax revenue derived from the imposition of a property
tax, the first year that a property tax will be imposed and any
subsequent year in which the proposed tax levy will increase by five
percent (5%) or more, a board must present identical resolutions to
each of the county fiscal bodies within the district seeking approval
for the use of property tax revenue within the district. The resolution
must state the proposed property tax levy and the proposed use of the
revenue. The resolution must be stated so that:
(1) a "yes" vote indicates approval of the levy and the proposed
use of property tax revenue within the district; and
(2) a "no" vote indicates disapproval of the levy and the
proposed use of property tax revenue within the district.
(c) For a resolution described in subsection (b) to be approved by
the county fiscal body:
(1) the county fiscal body must record the vote taken on the
resolution under subsection (b) before May 1 of the year in
which the vote was taken; and
(2) the recorded vote must indicate approval of the use of
property tax revenue within the district.
(d) If all of the county fiscal bodies within a district do not record
the approval described in subsection (c) before May 1 of the year in
which 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 was
taken.
(e) Notwithstanding subsection (d), after the first year a tax is
imposed under this section, the resolution required by subsection (b)
for a district that is located in more than two (2) counties need only
be approved by a majority of the county fiscal bodies for the counties
in which the district is located.
(f) A district may not issue bonds to be repaid, directly or
indirectly, with money or property tax revenue of the district until a
majority of the members of each of the county fiscal bodies within
a 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 in
planning 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 to
attend a conference, seminar, or training session that concerns solid
waste 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, or
training session.
(b) A board may appropriate money necessary to provide
membership for the district in state and national:
(1) civic;
(2) educational;
(3) professional; or
(4) governmental;
organizations that are concerned with the betterment and
improvement 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 a
district may, with the approval of the fiscal body of the county or
municipality:
(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's
authority to any board or legislative body of a municipality by
resolution. However:
(1) an exercise by a municipality of the taxing power of the
district must be ratified by the board of the district; and
(2) if the board of a municipality has been delegated authority
under this subsection, the legislative body of the municipality
must approve an action of the board of the municipality that
involves:
(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 or
IC 13-9.5 (before its repeal).
(b) The board may delegate authority to the board's officers to
carry out the directions of the board.
(c) A resolution delegating powers of the board under this section
must contain reasonable standards and parameters within which the
delegated 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, and
IC 13-21-13, and except as provided in subsection (b), unless the
legislative body of a county having a consolidated city elects by
ordinance to participate in the rules, ordinances, and governmental
structures enacted or created under this article, the management of
solid waste activities and the collection of fees on the disposal of
solid waste in a final disposal facility located in that county are
exempt from regulation or control under this article.
(b) The exemption under subsection (a) does not apply to
IC 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 annual
budget, 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 a
matter 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; delinquent
payments
Sec. 22. (a) This subsection does not apply to the collection of
property taxes. The board of a district may contract with a county to
collect 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 to
reimburse the county for the administrative expenses of
collecting fees and revenue.
(4) Establish the date or conditions under which the agreement
expires.
(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 to
the 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 public
meeting.
The written consent of the county auditor and county treasurer must
be incorporated by reference into the resolution adopted by the
county executive body.
(d) To carry out a contract under this section, a county executive
body may establish a collection charge. The charge may not exceed
the direct costs of collecting fees and revenue, including an
allowance for computer reprogramming and other costs incurred to
establish and maintain the collection program. Collection charges
received by a county shall be deposited in the county general fund.
(e) Revenue and fees collected by a county shall be deposited in
a separate fund and distributed to the district, without an
appropriation 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 sent
to a taxpayer.
(g) A county or the district may collect a delinquent payment
subject to this section in the same manner as any general debt may
be collected. As added by P.L.1-1996, SEC.11.
