IC 36-9-33
Chapter 33. Collection and Disposal of Waste Generally
IC 36-9-33-1 Application of chapter
Sec. 1. This chapter applies to all units (except townships and
counties having a consolidated city) that adopt ordinances under
section 3 of this chapter after March 31, 1987. As added by P.L.353-1985, SEC.2.
IC 36-9-33-2 "Solid waste" defined
Sec. 2. As used in this chapter, "solid waste" has the meaning set
forth in IC 36-9-30-2, except that the term does not include the
following:
(1) Sludge, sewage, and other highly diluted water-carried
materials or substances and those in gaseous forms.
(2) Metal, glass, paper, paperboard, or corrugated material that
is stored, collected, or recovered for recycling.
(3) Waste regulated under IC 13-22-1 through IC 13-22-8 and
IC 13-22-13 through IC 13-22-14.
(4) Waste generated by any person that disposes of the person's
own waste in:
(A) a fully permitted sanitary landfill owned or leased by the
person; or
(B) a resource recovery facility owned by the person;
at the date of adoption of the ordinance by the unit.
(5) Waste generated by any agricultural activity.
(6) Waste generated by a new manufacturing or a commercial
enterprise or by the expansion of an existing manufacturing or
commercial enterprise.
(7) Other waste described in an ordinance adopted by the unit's
legislative body. As added by P.L.353-1985, SEC.2. Amended by P.L.1-1996, SEC.98.
IC 36-9-33-3 Power to provide for collection and disposal of solid waste
Sec. 3. A unit may by ordinance provide for and exclusively
control the collection and disposal of solid waste under this chapter
within the unit. However, a unit may exercise this power only upon
the completion of construction or the acquisition of a facility for the
processing or disposal of solid waste by incineration or similar
methods. As added by P.L.353-1985, SEC.2.
IC 36-9-33-4 Territorial limitations for municipalities
Sec. 4. (a) A municipality may not exercise a power granted by
this chapter inside the boundaries of another municipality without the
consent of that municipality's legislative body.
(b) A municipality may not exercise a power granted by this
chapter in unincorporated territory without the consent of the
executive of the county in which that territory is located. As added by P.L.353-1985, SEC.2.
IC 36-9-33-5 Territorial limitation for counties
Sec. 5. A county may not exercise a power granted by this chapter
inside the boundaries of any municipality in that county without the
consent of that municipality's legislative body. As added by P.L.353-1985, SEC.2.
IC 36-9-33-6 Joint exercise of power
Sec. 6. Notwithstanding sections 3 and 4 of this chapter, units may
jointly exercise a power granted by this chapter in the manner
provided by IC 36-1-7. As added by P.L.353-1985, SEC.2.
IC 36-9-33
Chapter 33. Collection and Disposal of Waste Generally
IC 36-9-33-1 Application of chapter
Sec. 1. This chapter applies to all units (except townships and
counties having a consolidated city) that adopt ordinances under
section 3 of this chapter after March 31, 1987. As added by P.L.353-1985, SEC.2.
IC 36-9-33-2 "Solid waste" defined
Sec. 2. As used in this chapter, "solid waste" has the meaning set
forth in IC 36-9-30-2, except that the term does not include the
following:
(1) Sludge, sewage, and other highly diluted water-carried
materials or substances and those in gaseous forms.
(2) Metal, glass, paper, paperboard, or corrugated material that
is stored, collected, or recovered for recycling.
(3) Waste regulated under IC 13-22-1 through IC 13-22-8 and
IC 13-22-13 through IC 13-22-14.
(4) Waste generated by any person that disposes of the person's
own waste in:
(A) a fully permitted sanitary landfill owned or leased by the
person; or
(B) a resource recovery facility owned by the person;
at the date of adoption of the ordinance by the unit.
(5) Waste generated by any agricultural activity.
(6) Waste generated by a new manufacturing or a commercial
enterprise or by the expansion of an existing manufacturing or
commercial enterprise.
(7) Other waste described in an ordinance adopted by the unit's
legislative body. As added by P.L.353-1985, SEC.2. Amended by P.L.1-1996, SEC.98.
IC 36-9-33-3 Power to provide for collection and disposal of solid waste
Sec. 3. A unit may by ordinance provide for and exclusively
control the collection and disposal of solid waste under this chapter
within the unit. However, a unit may exercise this power only upon
the completion of construction or the acquisition of a facility for the
processing or disposal of solid waste by incineration or similar
methods. As added by P.L.353-1985, SEC.2.
IC 36-9-33-4 Territorial limitations for municipalities
Sec. 4. (a) A municipality may not exercise a power granted by
this chapter inside the boundaries of another municipality without the
consent of that municipality's legislative body.
(b) A municipality may not exercise a power granted by this
chapter in unincorporated territory without the consent of the
executive of the county in which that territory is located. As added by P.L.353-1985, SEC.2.
IC 36-9-33-5 Territorial limitation for counties
Sec. 5. A county may not exercise a power granted by this chapter
inside the boundaries of any municipality in that county without the
consent of that municipality's legislative body. As added by P.L.353-1985, SEC.2.
IC 36-9-33-6 Joint exercise of power
Sec. 6. Notwithstanding sections 3 and 4 of this chapter, units may
jointly exercise a power granted by this chapter in the manner
provided by IC 36-1-7. As added by P.L.353-1985, SEC.2.
IC 36-9-33
Chapter 33. Collection and Disposal of Waste Generally
IC 36-9-33-1 Application of chapter
Sec. 1. This chapter applies to all units (except townships and
counties having a consolidated city) that adopt ordinances under
section 3 of this chapter after March 31, 1987. As added by P.L.353-1985, SEC.2.
IC 36-9-33-2 "Solid waste" defined
Sec. 2. As used in this chapter, "solid waste" has the meaning set
forth in IC 36-9-30-2, except that the term does not include the
following:
(1) Sludge, sewage, and other highly diluted water-carried
materials or substances and those in gaseous forms.
(2) Metal, glass, paper, paperboard, or corrugated material that
is stored, collected, or recovered for recycling.
(3) Waste regulated under IC 13-22-1 through IC 13-22-8 and
IC 13-22-13 through IC 13-22-14.
(4) Waste generated by any person that disposes of the person's
own waste in:
(A) a fully permitted sanitary landfill owned or leased by the
person; or
(B) a resource recovery facility owned by the person;
at the date of adoption of the ordinance by the unit.
(5) Waste generated by any agricultural activity.
(6) Waste generated by a new manufacturing or a commercial
enterprise or by the expansion of an existing manufacturing or
commercial enterprise.
(7) Other waste described in an ordinance adopted by the unit's
legislative body. As added by P.L.353-1985, SEC.2. Amended by P.L.1-1996, SEC.98.
IC 36-9-33-3 Power to provide for collection and disposal of solid waste
Sec. 3. A unit may by ordinance provide for and exclusively
control the collection and disposal of solid waste under this chapter
within the unit. However, a unit may exercise this power only upon
the completion of construction or the acquisition of a facility for the
processing or disposal of solid waste by incineration or similar
methods. As added by P.L.353-1985, SEC.2.
IC 36-9-33-4 Territorial limitations for municipalities
Sec. 4. (a) A municipality may not exercise a power granted by
this chapter inside the boundaries of another municipality without the
consent of that municipality's legislative body.
(b) A municipality may not exercise a power granted by this
chapter in unincorporated territory without the consent of the
executive of the county in which that territory is located. As added by P.L.353-1985, SEC.2.
IC 36-9-33-5 Territorial limitation for counties
Sec. 5. A county may not exercise a power granted by this chapter
inside the boundaries of any municipality in that county without the
consent of that municipality's legislative body. As added by P.L.353-1985, SEC.2.
IC 36-9-33-6 Joint exercise of power
Sec. 6. Notwithstanding sections 3 and 4 of this chapter, units may
jointly exercise a power granted by this chapter in the manner
provided by IC 36-1-7. As added by P.L.353-1985, SEC.2.
