reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 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.
[Pre-1996 Recodification Citation: 13-9.5-2-15.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-1. Compliance With Procedures

Sec. 1. If:
(1) a county seeks to withdraw from a joint district; or
(2) a joint district seeks to remove a county from the joint district;
the county or the joint district must follow the procedures set forth in this chapter.
[Pre-1996 Recodification Citation: 13-9.5-2.3-1.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-2. County Executives; Resolutions; Contents

Sec. 2. (a) If a county seeks to withdraw from a joint district that consists of more than two (2) counties, the county executive must:
(1) adopt two (2) identical resolutions:
(A) at least fifteen (15) days apart; and
(B) not more than forty-five (45) days apart; and
(2) submit both resolutions to the board of the joint district and to the commissioner.
The resolution must specify that the county withdraws from the joint district.
(b) If a county seeks to withdraw from and dissolve a joint district that consists of only two (2) counties, the county executive must:
(1) adopt two (2) identical resolutions:
(A) at least fifteen (15) days apart; and
(B) not more than forty-five (45) days apart; and
(2) submit both resolutions to the county executive of the other county and to the commissioner.
The resolution must specify that the county withdraws from and dissolves the joint district.
(c) If a joint district that consists of more than two (2) counties seeks to remove a county from the joint district, the county executive of each county that would remain in the joint district after the county is removed must:
(1) adopt two (2) identical resolutions:
(A) at least fifteen (15) days apart; and
(B) not more than forty-five (45) days apart; and
(2) submit both resolutions to the county executive of the county that would be removed and to the commissioner.
The resolution must specify that the joint district removes the county from the joint district.
[Pre-1996 Recodification Citation: 13-9.5-2.3-2.]
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-2.5. Effective Date of Withdrawal or Removal of a County From a Joint District

Sec. 2.5. (a) The withdrawal of a county from a joint district is effective upon:
(1) the later of:
(A) the date of delivery of both resolutions adopted under section (2)(a) of this chapter to the board of the joint district; or
(B) the effective date specified in the resolutions referred to in clause (A); or
(2) the later of:
(A) the date of delivery of both resolutions adopted under section (2)(b) of this chapter to the county executive of the other county; or
(B) the effective date specified in the resolutions referred to in clause (A).
(b) The removal of a county from a joint district is effective upon the later of:
(1) the latest date of delivery of all the resolutions adopted under section (2)(c) of this chapter to the county executive of the county that would be removed; or
(2) the effective date specified in the resolutions referred to in subdivision (1).
As added by P.L.74-2002, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-3. Financial Impact Analysis

Sec. 3. (a) A county executive of a county withdrawing from the district or the county executive of each county that would remain in a joint district after a county is removed from the district that adopts and submits the identical resolutions described in section 2 of this chapter shall prepare or pay for the preparation of an analysis concerning the legal obligations of:
(1) the joint district; and
(2) each county located in the joint district, including the county that would withdraw or be removed from the joint district;
that would remain after the county withdraws from the joint district or the joint district removes the county.
(b) A copy of the analysis shall be submitted to:
(1) the county executive of each county involved in the withdrawal or removal of a county from a joint district; and
(2) the commissioner;
not more than ninety (90) days after the date a resolution adopted under section 2 of this chapter takes effect.
[Pre-1996 Recodification Citation: 13-9.5-2.3-3.]
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-4. Responsibility for Legal Obligations

Sec. 4. (a) Except as provided in subsection (c), if a county withdraws from or is removed from a joint district that consists of more than two (2) counties, the county is responsible for its share of the legal obligations:
(1) entered into by the joint district before the September 20 that last precedes the date the identical resolutions adopted under section 2 of this chapter for the county's withdrawal or removal from the joint district take effect; and
(2) payable before the second January 1 that succeeds the September 20 referred to in subdivision (1).
(b) The legal obligations referred to in subsection (a) include the following:
(1) Contracts entered into by the joint district.
(2) Repayment of loan agreements entered into by the joint district.
(3) Payment of bonds issued by the joint district.
(4) Any other legal obligation entered into by the joint district.
(c) If a joint district consists of more than two (2) counties, the county executive of the county that withdraws or is removed from the joint district and the board of the joint district shall enter into a written agreement that specifies the legal obligations of the county and the joint district after the date the identical resolutions adopted under section 2 of this chapter for the withdrawal or removal of the county take effect. A copy of the agreement shall be submitted to the commissioner.
(d) If a joint district consists of only two (2) counties:
(1) each county is responsible for its share of the legal obligations entered into by the joint district before the date the joint district is dissolved; and
(2) the county executive of each county shall enter into a written agreement concerning the division of the joint district's assets.
A copy of the agreement shall be submitted to the commissioner.
[Pre-1996 Recodification Citation: 13-9.5-2.3-4.]
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.6; P.L.59-2023, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-5. Public Meetings

Sec. 5. After an analysis described in section 3 of this chapter has been completed and the terms of any agreement have been tentatively agreed to under section 4(b) or 4(c) of this chapter, a public meeting must be held, not later than forty-five (45) days after the date the tentative agreement is reached, by:
(1) the county executive of each county located in the joint district; and
(2) the board of the joint district;
that concerns the remaining legal obligations of the joint district and each county located in the joint district and the terms of the tentative agreement. Each of the county executives may hold a public meeting required under this section individually or jointly with one (1) or more other county executives, the board of the joint district, or both. The board of the joint district may hold a public meeting required under this section individually or jointly with one (1) or more county executives.
[Pre-1996 Recodification Citation: 13-9.5-2.3-5.]
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-6. County Leaving Joint District Not Required After June 30, 2017, to Be Designated as County District or Be Member of Joint District

Sec. 6. (a) If a county withdraws from or the county executives of a joint district remove a county from a joint district, the county:
(1) before July 1, 2017, must:
(A) designate itself as a new county district;
(B) join one (1) or more other counties to form a new joint district; or
(C) join an existing joint district;
under the procedures set forth in IC 13-21-3; or
(2) after June 30, 2017, may:
(A) take one (1) of the actions set forth in subdivision (1); or
(B) adopt an ordinance under IC 13-21-3-1(d)(2)(C) and IC 13-21-15-2(a) exercising the right of the county:
(i) not to be designated as a county solid waste management district; and
(ii) not to be a member of another joint solid waste management district.
(b) If a county:
(1) designates itself as a new county district; or
(2) joins one (1) or more other counties to form a new joint district;
the county district or new joint district shall submit a district plan to the commissioner as provided under IC 13-21-5.
(c) If a county joins an existing joint district, the joint district shall amend the joint district's district plan as provided under IC 13-21-5.
(d) If a county withdraws or is removed from a joint district that consists of more than two (2) counties, the joint district shall amend the joint district's district plan as provided under IC 13-21-5.
[Pre-1996 Recodification Citation: 13-9.5-2.3-6.]
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.8; P.L.189-2016, SEC.3; P.L.10-2019, SEC.65.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-7. Adoption of District Plan

Sec. 7. A district plan described under section 6(b) of this chapter must be adopted by the:
(1) county executive of the county located in the new county district; or
(2) county executive of each county located in the new joint district;
not later than sixty (60) days after the date the district plan is filed with the commissioner under IC 13-21-5-21.
[Pre-1996 Recodification Citation: 13-9.5-2.3-7.]
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-8. Repealed

[Pre-1996 Recodification Citation: 13-9.5-2.3-8.]
As added by P.L.1-1996, SEC.11. Repealed by P.L.74-2002, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts › 13-21-4-9. Repealed

[Pre-1996 Recodification Citation: 13-9.5-2.3-9.]
As added by P.L.1-1996, SEC.11. Repealed by P.L.74-2002, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-1. Adoption of Plan; Submission to Commissioner; Requirements and Criteria

Sec. 1. Each district shall adopt and submit to the commissioner for approval a district solid waste management plan that meets:
(1) the requirements of this chapter; and
(2) the criteria and other elements set forth in the state plan.
[Pre-1996 Recodification Citation: 13-9.5-4-1.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-2. Public Meetings; Notice

Sec. 2. (a) A district must conduct at least one (1) regularly scheduled public meeting each month before the creation, amendment, or alteration of the district solid waste management plan. The board shall give notice of each public meeting in accordance with IC 5-14-1.5. In addition, a copy of the schedule of regularly scheduled monthly meetings shall annually be submitted for publication to a newspaper of general circulation in each county of the district. The notice:
(1) must be at least two (2) columns wide by five (5) inches long; and
(2) may not be placed in the part of the newspaper where legal notices and classified advertisements appear.
(b) Public comments shall be taken at each board meeting.
[Pre-1996 Recodification Citation: 13-9.5-4-2(a).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-3. Public Meetings; Hearing; Notice

Sec. 3. (a) After considering public comment received during all public meetings held under section 2 of this chapter, the board shall hold a public hearing on the proposed plan before adopting a district plan in final form.
(b) The board shall make the proposed plan available to the public at least thirty (30) days before the date the public hearing is held.
(c) The board shall give public notice of the hearing held under this section.
[Pre-1996 Recodification Citation: 13-9.5-4-2(b).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-4. Public Meetings; Format of Plan

Sec. 4. (a) The department shall furnish a model format to be used in the preparation of district plans under this chapter.
(b) A district plan adopted before January 1, 1991, may use a format different from the format furnished under subsection (a), but the commissioner may request that such a plan be revised to conform to the model format furnished under subsection (a).
[Pre-1996 Recodification Citation: 13-9.5-4-2(c), (d).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-5. Public Meetings; Advisory Committee

Sec. 5. (a) An advisory committee established under IC 13-21-3-11 must conduct at least one (1) regularly scheduled public meeting each month before reporting to the board on any matter.
(b) After a board adopts a district plan, the advisory committee appointed by the board shall meet as follows:
(1) At least four (4) times each year.
(2) At the request of the board.
(c) Public comments shall be taken at each advisory committee meeting.
[Pre-1996 Recodification Citation: 13-9.5-4-2(e).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-6. Review of Working Documents

Sec. 6. A board:
(1) must make all working documents available for review by the public for a period of time that allows sufficient time for adequate review before a public meeting of the board; and
(2) shall make updated copies of working documents available to the public on a regular basis.
[Pre-1996 Recodification Citation: 13-9.5-4-2(f).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-7. Special Meetings; Notice

Sec. 7. (a) If the board conducts a meeting other than a regularly scheduled public meeting conducted under section 2 of this chapter:
(1) notice of the meeting must be given in accordance with IC 5-14-1.5-5;
(2) an agenda of the meeting must be posted at least forty-eight (48) hours in advance under IC 5-14-1.5-4; and
(3) the board shall notify a general circulation newspaper in each county that makes up the district of the meeting and the agenda to be discussed.
(b) The notice to the newspaper under this section shall be given by:
(1) first class mail if notice can reasonably be expected to reach the newspaper at least forty-eight (48) hours before the meeting; and
(2) telephone if notice cannot reasonably be expected to reach the newspaper under subdivision (1).
(c) At the meeting, the board may discuss only those matters that were indicated on the meeting agenda prepared under this section.
[Pre-1996 Recodification Citation: 13-9.5-4-2(g).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-8. Approval or Disapproval of Plan

Sec. 8. (a) Based upon the contents of the state plan and on rules adopted by the board, the commissioner shall approve or disapprove each district plan submitted for review under this chapter within one hundred twenty (120) days after the plan is submitted to the commissioner.
(b) If the commissioner fails to act within one hundred twenty (120) days after a district plan is submitted, the district plan is considered approved.
[Pre-1996 Recodification Citation: 13-9.5-4-3(a), (b).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-9. Notification of Disapproval; Revision; Hearing; Time Limitations

Sec. 9. (a) If the commissioner disapproves a district plan submitted by a board, the commissioner shall promptly:
(1) notify the board of the disapproval of the district plan; and
(2) provide written comments on changes that would make the district plan acceptable.
(b) The district shall do the following:
(1) Revise the district plan.
(2) Resubmit the plan to the commissioner within ninety (90) days after the disapproval of the original district plan.
(c) Before adoption of the revised district plan, the board shall hold a public hearing using the procedures in section 3 of this chapter.
(d) The commissioner shall approve or disapprove a revised district plan within one hundred twenty (120) days after the revised plan is submitted to the commissioner. If the commissioner fails to act within one hundred twenty (120) days after a revised plan is submitted, the revised plan is considered approved.
[Pre-1996 Recodification Citation: 13-9.5-4-3(c).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-10. Information Provided by Department to Assist Counties

Sec. 10. The department shall provide information to assist counties to do the following:
(1) Establish districts.
(2) Develop district plans under this chapter.
[Pre-1996 Recodification Citation: 13-9.5-4-4.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-11. Requirements of Plan

Sec. 11. A district plan must include the following:
(1) The results of a demographic study of the district predicting the population of the district:
(A) five (5) years;
(B) ten (10) years; and
(C) twenty (20) years;
after the year the district plan is adopted.
(2) A:
(A) description of the origin, content, and weight or volume of the solid waste to be generated in the district at the time of the development of the district plan; and
(B) projection of the origin, content, and weight or volume of the solid waste to be generated in the district:
(i) five (5) years;
(ii) ten (10) years; and
(iii) twenty (20) years;
after the year the district plan is adopted.
(3) An inventory and description of the following:
(A) The facilities located within the district.
(B) The solid waste management activities taking place within the district.
(4) A statement identifying and assessing solid waste problems that:
(A) exist in the district at the time of the development of the district plan; and
(B) may exist in the district in the future.
(5) A:
(A) projection of the need for; and
(B) description of;
facilities in the district five (5) years, ten (10) years, and twenty (20) years after the year the district plan is adopted.
[Pre-1996 Recodification Citation: 13-9.5-4-5.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-12. Solid Waste Management Policy Required

Sec. 12. (a) A district plan must establish a solid waste management policy for the district that reflects the needs of the district and provides an integrated approach to solid waste management that includes the following:
(1) Source reduction.
(2) Alternatives to complete or partial dependence on final disposal facilities, including recycling and composting.
(3) Final disposal facilities.
(b) A district plan must contain a strategy to promote and educate the public regarding the benefits of managing vegetative matter by:
(1) composting;
(2) mulching; and
(3) any other environmentally appropriate manner the board may determine, other than the disposing of vegetative matter in a landfill.
[Pre-1996 Recodification Citation: 13-9.5-4-6.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-13. Required Contents of Plan

Sec. 13. A district plan must do the following:
(1) Set forth goals and objectives for the district.
(2) Identify alternative means of achieving these goals and objectives based upon the problems and needs of the district.
(3) Set forth a description of the following:
(A) The operational costs and capital costs of implementing the district plan.
(B) The proposed means of financing the implementation of the district plan.
(4) Set forth the basis for setting fees, rates, and charges for use of any facility.
(5) Designate a person to supervise the implementation of the district plan and describe the responsibilities and authority of that person.
(6) Describe the surveillance and enforcement procedures to be implemented to ensure compliance with the district plan.
[Pre-1996 Recodification Citation: 13-9.5-4-7.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-14. Disposal of Certain Waste Materials Required by Plan

Sec. 14. (a) A district plan must also include provisions for the management and disposal of the following materials for the term of the plan:
(1) Waste tires.
(2) Household hazardous waste.
(3) Used oil.
(4) White goods.
(5) Other classifications of waste provided for in the state plan.
(b) A district plan that sets forth provisions for the management and disposal of materials identified in subsection (a) must comply with all laws and rules governing the management and disposal of those materials.
[Pre-1996 Recodification Citation: 13-9.5-4-7.5 part.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-15. Optional Provisions to Restrict Disposal of Solid Waste From Another State

Sec. 15. A district plan may, to the extent the provisions are constitutionally permissible, include provisions to restrict or prohibit the disposal within the district of solid waste originating from another state if the district reasonably considers the provisions necessary to accomplish the long range planning goals of the district.
[Pre-1996 Recodification Citation: 13-9.5-4-8.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-16. Considerations and Limitations of Plan

Sec. 16. (a) A district plan must consider, in all circumstances, contracts with private persons.
(b) A district plan or amended plan must, where reasonably necessary to effectuate the efficient use of existing permitted final disposal facilities, take account of permitted final disposal facilities in the district that are in operation at the time the district plan is adopted. A district plan or amended plan must incorporate all recycling activities in progress in the district at the time the district plan is adopted or amended.
(c) A district plan may not impose operational requirements on a privately owned or operated facility that differ from operational requirements imposed on a public facility solely because the facility is privately owned or operated.
[Pre-1996 Recodification Citation: 13-9.5-4-9.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-17. Failure to Submit Plan; Disapproval of Revision; Adoption of Plan by Commissioner

Sec. 17. If:
(1) a district fails to submit a district plan to the commissioner under section 1 of this chapter; or
(2) the commissioner disapproves a revised district plan submitted by the district under section 9 of this chapter;
the commissioner may adopt a solid waste management plan for the district.
[Pre-1996 Recodification Citation: 13-9.5-4-10.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-18. Amendment of Plan; Procedures; Filing and Implementation

Sec. 18. (a) A district may amend the district's solid waste management plan at any time using the procedures set forth in sections 1 through 7 of this chapter.
(b) A district shall amend its district plan using the procedures set forth in sections 1 through 7 of this chapter if the district decides to implement one (1) of the following programs and the program is not addressed in the district's district plan or the district decides to not implement one (1) of the following programs and the program is addressed in the district's district plan:
(1) A program involving a facility that requires a permit from or registration with the department.
(2) A program involving a facility for processing recyclable materials.
(3) A program for collecting recyclables.
(4) A major education program.
(c) An amended plan prepared under this section:
(1) shall be immediately filed with the commissioner; and
(2) may be implemented after filing unless the commissioner notifies the district in writing within thirty (30) days after the filing that the amended plan fails to comply with the state plan. The written notice of the commissioner must also provide written comments on changes that would make the amended plan acceptable.
(d) An amended district plan prepared under this section shall be filed:
(1) on a form; or
(2) in a format;
provided by the department.
[Pre-1996 Recodification Citation: 13-9.5-4-11.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-19. Merged Districts; Adoption of Plan

Sec. 19. (a) Before a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged.
(b) Upon adoption of identical resolutions under subsection (a), a board for the resulting merged district shall be established using the procedures set forth in IC 13-21-3.
[Pre-1996 Recodification Citation: 13-9.5-4-12.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 5. District Solid Waste Management Plan › 13-21-5-20. Merger of Districts; Adoption of Identical Resolutions; Time Limitations; Notice of Noncompliance

Sec. 20. (a) After a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged.
(b) Upon adoption of identical resolutions under subsection (a), a board for the resulting merged district shall be established using the procedures set forth in IC 13-21-3.
(c) A merged district shall:
(1) adopt a district plan under sections 1 through 7 of this chapter not later than sixty (60) days after the merger is completed; and
(2) file the district plan with the commissioner.
The new district plan may be an amended version of the previous approved plans submitted under the new district name. A merger under subsection (a) does not take effect until the district plan is filed with the commissioner.
(d) A district plan adopted under this section is considered approved unless the commissioner notifies the district in writing not later than thirty (30) days after the district plan is filed with the commissioner that the district plan fails to comply with the state plan. The notice provided by the commissioner must include comments concerning changes to the district plan that would make the district plan acceptable.
[Pre-1996 Recodification Citation: 13-9.5-4-12.5.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-1. Length, Duration, and Terms; Amendments, Extensions, and Supplements; Maximum Term

Sec. 1. (a) Notwithstanding any other statute concerning the length, duration, and terms of contracts and agreements, a board may enter into a contract or an agreement with a person, upon terms and conditions as agreed upon, for the:
(1) design;
(2) construction;
(3) operation;
(4) financing;
(5) ownership; or
(6) maintenance;
of a facility for solid waste management in accordance with the requirements and conditions of this chapter.
(b) Before or after the expiration or termination of the term or duration of a contract or an agreement entered into under this chapter or IC 13-9.5-8 (before its repeal), the board, in accordance with the requirements and conditions of this chapter, may periodically enter into amended, extended, supplemental, new, or further contracts or agreements with the same person or any other person for any purpose referred to in this chapter.
(c) A contract, including all amendments, extensions, and supplements, may not exceed a term of forty (40) years.
[Pre-1996 Recodification Citation: 13-9.5-8-1.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-2. Award of Contract

Sec. 2. Notwithstanding any other statute, a contract entered into between a board and any person under this chapter may be awarded by the board by:
(1) public bidding in compliance with IC 36-1-12; or
(2) compliance with sections 3 through 8 of this chapter.
[Pre-1996 Recodification Citation: 13-9.5-8-2.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-3. Request for Qualifications and Proposals

Sec. 3. (a) A board may, by resolution, require that a person that desires to submit a proposal in response to a request for proposals must prequalify as a proposer by submitting information, in response to a request for qualifications, relating to the following:
(1) The experience of the proposer.
(2) The basis on which the proposer purports to be qualified to carry out all work required by a proposed contract.
(3) The financial condition of the proposer.
(b) The board may set minimum requirements regarding these qualifications in a request for qualifications.
[Pre-1996 Recodification Citation: 13-9.5-8-3(1).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-4. Notice; Time Limitations

Sec. 4. (a) Before the issuance of a request for proposals under this chapter, the board must do the following:
(1) Adopt a proposed request for proposals by resolution.
(2) Publish a public notice that may contain a request for qualifications if a prequalification process has been adopted under section 3 of this chapter, including the criteria on which proposers may be selected.
(b) The public notice must do the following:
(1) Include the intent to issue a request for proposals.
(2) Designate times and places where the proposed request for proposals may be viewed by the general public.
(3) State the time of commencement of the thirty (30) day period established in this section, which constitutes the event referred to in IC 5-3-1-2.
(c) The board shall allow not more than a thirty (30) day period for the following:
(1) The submission of qualifications, if required.
(2) Comments on the proposed request for proposals.
(d) After the thirty (30) day period described in subsection (c) expires, the board shall do the following:
(1) Select at least one (1) proposer.
(2) Adopt a request for proposals.
(e) Comments may be addressed to the scope or contents of the proposed request for proposals.
(f) The board shall do the following:
(1) Notify each proposer of their selection.
(2) Inform each proposer of the date and place proposals are to be submitted.
(3) Deliver to each proposer a copy of the request for proposal.
[Pre-1996 Recodification Citation: 13-9.5-8-3(2).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-5. Final Form

Sec. 5. (a) The board may do the following:
(1) Prescribe the form and content of proposals.
(2) In the request for proposals, set the maximum allowable cost limits that the board determines to be appropriate.
(b) The proposer must submit sufficiently detailed information to permit a fair and equitable evaluation by the board of the proposal.
[Pre-1996 Recodification Citation: 13-9.5-8-3(3).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-6. Receipt of Proposals; Time Limitations

Sec. 6. Proposals may not be received before thirty (30) days following notification to the proposers of their selection.
[Pre-1996 Recodification Citation: 13-9.5-8-3(4).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-7. Criteria for Consideration in Evaluation of Proposals

Sec. 7. The board:
(1) shall evaluate proposals received under this chapter with regard to net cost or net revenues; and
(2) in the manner consistent with provisions set forth in the requests for proposals, may evaluate proposals on the basis of additional factors such as the following:
(A) The technical evaluation of facility design.
(B) Net energy efficiency.
(C) Environmental protection.
(D) Overall system reliability.
(E) Financial condition of the proposer.
[Pre-1996 Recodification Citation: 13-9.5-8-3(5).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-8. Preliminary Contract Awards; Public Hearing; Notice; Final Form

Sec. 8. (a) The board may:
(1) negotiate with the proposers; and
(2) make a preliminary contract award to any responsible proposer.
(b) The board shall give public notice of a public hearing, which must designate the time and place of a public hearing at which the board will hear comments upon the preliminary contract to be awarded.
(c) Following the public hearing, the board shall make a final contract award to any responsible proposer selected under this chapter based on a determination that the selected proposal is the most responsive to the needs of the district. The final contract award must:
(1) be in the form of a resolution; and
(2) include particularized findings relative to factors evaluated under section 7 of this chapter indicating that:
(A) the district's needs are met by the final contract award; and
(B) the action is in the public interest.
[Pre-1996 Recodification Citation: 13-9.5-8-3(6).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-9. Request for Proposals; Required Information

Sec. 9. Requests for proposals must include the following:
(1) A clear identification and specification of all elements of cost that will become charges to the district, in whatever form, in return for the fulfillment by the proposer of all tasks and responsibilities established by the request for proposals for the full lifetime of a proposed contract, including matters such as the following:
(A) Proposals for project staffing.
(B) Implementation of all work tasks.
(C) Carrying out of all responsibility required by the proposed contract.
(D) The cost of planning, design, construction, operation, management, or maintenance of any facility.
(E) The cost of solid waste management.
(2) A clear identification and specification of any revenues that would accrue to the district from the sale of any byproducts or from any other source.
(3) Other information that the board determines to have a material bearing on the board's ability to evaluate a proposal in accordance with this chapter.
[Pre-1996 Recodification Citation: 13-9.5-8-4.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities › 13-21-6-10. Contesting Validity of Contract Awarded; Time Limitation on Bringing Action

Sec. 10. An action to contest:
(1) the validity of a contract awarded; or
(2) the procedure by which the contract was awarded;
must be brought within thirty (30) days following the final contract award. After that date, the contract is incontestable for any cause.
[Pre-1996 Recodification Citation: 13-9.5-8-5.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-1. Special Taxing Districts

Sec. 1. (a) A special taxing district is established in each solid waste management district established under IC 13-21-3 or IC 13-9.5-2 (before its repeal) for the purpose of providing persons within the district with solid waste management service.
(b) The special taxing district is coterminous with the territory of the district.
[Pre-1996 Recodification Citation: 13-9.5-9-1.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-2. Waste Management District Bonds; Bidding Requirements for Facility

Sec. 2. The board may issue waste management district bonds under this chapter for the payment of the cost of the facility. Before authorizing the waste management district bonds, the board may:
(1) accept public bids for the facility; or
(2) adopt a resolution approving a request for proposals under IC 13-21-6.
[Pre-1996 Recodification Citation: 13-9.5-9-3(a).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-3. Resolution to Construct, Modify, Acquire, or Maintain Facility; Public Notice

Sec. 3. (a) When:
(1) plans and specifications have been prepared according to the public bidding requirements of IC 36-1-12; or
(2) a resolution approving a request for proposals has been adopted by the board;
the board may adopt a resolution declaring that, upon investigation, the board has found it necessary for the public health and welfare, and of public utility and benefit, to construct, modify, or acquire, and maintain if constructed the facility and to acquire the property described for that purpose.
(b) The resolution shall be kept open to inspection by all persons interested in or affected by the acquisition of the property or the construction of the facility.
(c) Upon adoption of the resolution, the board shall give public notice of the adoption and the resolution's purpose. The notice must name a date not later than ten (10) days after the date of the last publication of the notice on which the board will do the following:
(1) Receive or hear remonstrances from persons interested in or affected by the facility.
(2) Determine the public utility and benefit of the facility.
[Pre-1996 Recodification Citation: 13-9.5-9-3(b).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-4. Hearing; Remonstrance; Final Action

Sec. 4. (a) At:
(1) the time fixed for the hearing; or
(2) any time before that;
any person owning real or personal property within the district may file a written remonstrance with the board.
(b) At the hearing, which may be adjourned as necessary, the board shall hear all persons interested in the proceedings and all remonstrances filed.
(c) After considering the remonstrances, the board shall:
(1) take final action determining the public utility and benefit of the proposed proceedings; and
(2) either:
(A) confirm;
(B) modify and confirm; or
(C) rescind;
the resolution.
(d) The final action of the board shall be recorded.
(e) The action of the board is final and conclusive upon all persons. However, any person who:
(1) has remonstrated in writing; and
(2) is aggrieved by the decision of the board;
may take an appeal as provided in section 5 of this chapter.
[Pre-1996 Recodification Citation: 13-9.5-9-3(c).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-5. Appeals

Sec. 5. (a) If the board takes final action confirming the resolution in an original or modified form, a person who has filed a written remonstrance with the board as provided in section 4 of this chapter may appeal to the circuit or superior court of the county in which the person resides.
(b) Within ten (10) days after the final action of the board, the remonstrator must file in the office of the clerk of the court the following:
(1) A copy of the resolution of the board.
(2) The remonstrance.
(3) A surety bond conditioned to pay the costs of the appeal if the appeal is determined against the remonstrator.
(c) The only ground of remonstrance of which the court has jurisdiction on appeal is the question of whether it will be of public utility and benefit to construct, modify, or acquire the proposed facility. The burden of proof is upon the remonstrator. The cause shall be summarily tried by the court without a jury.
(d) The court shall do the following:
(1) Consolidate and hear all remonstrances upon which an appeal are taken as one (1) cause of action.
(2) Hear and determine the cause within thirty (30) days after the time of filing the appeal.
(3) Upon the date fixed for hearing:
(A) hear evidence upon the remonstrances; and
(B) confirm the final action of the board on the resolution or sustain the remonstrance.
[Pre-1996 Recodification Citation: 13-9.5-9-3(d).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-6. Certified Copy of Resolution and Approval to Controller

Sec. 6. On adopting a resolution ordering the issuance of waste management district bonds, the board shall certify a copy of:
(1) the resolution; and
(2) the approval;
to the controller of the district, who shall prepare the bonds.
[Pre-1996 Recodification Citation: 13-9.5-9-3(e).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-7. Waste Management District Bonds Not Corporate Obligation or Unit Indebtedness

Sec. 7. (a) The waste management district bonds:
(1) are special obligations of the district; and
(2) are not, in any respect, a corporate obligation or indebtedness of the units that comprise the district.
(b) The waste management district bonds issued under this chapter or IC 13-9.5-9-3 (before its repeal) and the interest on the bonds are payable out of a special tax levied upon all of the property of the district and any other revenues made available for that purpose under this article. The waste management district bonds must recite these terms on the face of the bonds together with the purpose for which the bonds are issued.
[Pre-1996 Recodification Citation: 13-9.5-9-3(f).]
As added by P.L.1-1996, SEC.11.