reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 7. Financing: Waste Management District Bonds › 13-21-7-8. Proceeds From Sale of Bonds; Use of Funds

Sec. 8. All proceeds from the sale of waste management district bonds shall be kept as a separate and specific fund to pay the cost of the facility, and none of the proceeds may be used for any other purpose, except as provided in IC 5-1-13 and IC 5-1-14. However, money derived from sources other than the waste management district bond proceeds, such as state or federal grants or other contributions, are not restricted as to application even if the contribution arises for a project financed from waste management district bond proceeds.
[Pre-1996 Recodification Citation: 13-9.5-9-3(g).]
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 › 13-21-7-9. Special Tax on Real Property

Sec. 9. (a) For the purpose of raising money to pay waste management district bonds issued under this chapter or IC 13-9.5-9-3 (before its repeal), the board shall levy each year a special tax upon all the real property of the district in the amount and the manner necessary to meet and pay the following:
(1) The principal of the waste management district bonds as the bonds severally mature.
(2) All accruing interest on the bonds.
(b) The tax constitutes the amount of benefits resulting to all of the property in the district.
[Pre-1996 Recodification Citation: 13-9.5-9-3(h).]
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 › 13-21-7-10. Certification of Tax Levy; Distribution of Tax

Sec. 10. (a) The tax levied each year shall be certified to the following:
(1) The controller of the district.
(2) The county auditor of each county within the district.
(b) The:
(1) county auditor shall estimate and enter the tax levied and certified upon the tax duplicate; and
(2) county treasurer shall collect and enforce the tax;
in the same manner as county taxes are estimated, entered, collected, and enforced.
(c) As the county treasurer collects the tax, the tax shall be:
(1) transferred to the controller of the district;
(2) kept in a separate fund to be known as the waste management district bond fund; and
(3) applied to the payment of the principal of and interest on the waste management district bonds as the bonds become due and to no other purpose, except as provided in IC 5-1-13 and IC 5-1-14.
[Pre-1996 Recodification Citation: 13-9.5-9-3(i).]
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 › 13-21-7-11. Factors to Consider in Determining Amount of Tax Levy

Sec. 11. (a) In fixing the amount of the necessary levy, the board shall consider:
(1) the amount of net revenues, if any, to be derived from the collection of fees under this article; or
(2) any other net revenues collected under the following:
(A) IC 13-21-3-13.
(B) This chapter.
(C) IC 13-21-8 through IC 13-21-12.
(D) IC 13-21-14.
(b) Instead of making the levy or to reduce the amount of the levy, the board shall annually set aside by resolution the amount of the net revenues to be collected before maturity of the principal and interest of the waste management district bonds payable in the following year.
(c) If the board adopts this resolution under subsection (b), the board may not use any part of the amount set aside out of the net revenues for any purpose other than the payment of waste management district bonds and the interest on the bonds. A proportionate payment of this amount shall be made monthly to the fund.
[Pre-1996 Recodification Citation: 13-9.5-9-3(j).]
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 › 13-21-7-12. Issuance of Waste Management District Bonds Under Certain Circumstances

Sec. 12. (a) The district may not issue waste management district bonds under this chapter that are payable by special taxation or fees under IC 13-21-14 in a total amount, including outstanding bonds already issued, exceeding six percent (6%) of the adjusted value of taxable property in the district as determined under IC 36-1-15.
(b) All waste management district bonds issued in violation of this section or IC 13-9.5-9-3(k) (before its repeal) are void.
[Pre-1996 Recodification Citation: 13-9.5-9-3(k).]
As added by P.L.1-1996, SEC.11. Amended by P.L.6-1997, SEC.157.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 8. Financing: Revenue Bonds › 13-21-8-1. Borrowing Money and Issuing Revenue Bonds

Sec. 1. A board may finance the cost of facilities by borrowing money and issuing revenue bonds under this chapter.
[Pre-1996 Recodification Citation: 13-9.5-9-4(a).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 8. Financing: Revenue Bonds › 13-21-8-2. Authorization by Board of Resolution

Sec. 2. The issuance of revenue bonds must be authorized by a resolution of the board.
[Pre-1996 Recodification Citation: 13-9.5-9-4(b).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 8. Financing: Revenue Bonds › 13-21-8-3. Revenue Bonds; Definition; Contents

Sec. 3. (a) The revenue bonds:
(1) are special obligations of the district;
(2) are payable solely from and secured by a lien upon the revenues of all or part of the facilities whether or not the facilities are being financed with revenue bonds under this chapter or IC 13-9.5-9-4 (before its repeal), as shall be more fully described in the resolution authorizing the issuance of the revenue bonds; and
(3) including interest, are not:
(A) a debt of the board, the district, or the units that comprise the district; or
(B) a charge, a lien, or an encumbrance, legal or equitable, upon:
(i) the property of the board;
(ii) the property of the district; or
(iii) the revenues of the board or district other than the revenues of the facilities that have been pledged to the payment of the revenue bonds.
(b) Each revenue bond must recite in substance that:
(1) the revenue bond, including interest, is payable solely from the revenues pledged to the bond's payment; and
(2) neither the board or the district is under any obligation to pay the bond, except from those revenues.
[Pre-1996 Recodification Citation: 13-9.5-9-4(c) part, (d).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 8. Financing: Revenue Bonds › 13-21-8-4. Security of Bonds

Sec. 4. (a) The resolution may pledge and assign for the security of the revenue bonds all or part of the revenues or net revenues of the facilities.
(b) To adequately secure the payment of the revenue bonds and the interest on the bonds, the district and the district's officers, agents, and employees shall provide for the covenants and do other acts and things that:
(1) are necessary, convenient, or desirable to secure the revenue bonds; or
(2) may tend to make the revenue bonds more marketable.
[Pre-1996 Recodification Citation: 13-9.5-9-4(c) part, (e).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 9. Financing: Waste Management Development Bonds › 13-21-9-1. Financing Facilities; Negotiations

Sec. 1. A board may periodically enter into negotiations with one (1) or more persons concerning the terms and conditions of financing facilities. Preliminary expenses in connection with negotiations may be paid from any of the following:
(1) Money furnished by the proposed user or developer.
(2) Grant money.
(3) Money of the board.
[Pre-1996 Recodification Citation: 13-9.5-9-5(c).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 9. Financing: Waste Management Development Bonds › 13-21-9-2. Public Hearing and Notice; Financing Agreement

Sec. 2. (a) The board shall hold a public hearing on the proposed financing of the facilities after giving public notice.
(b) Upon findings by the board that:
(1) the proposed financing will benefit the health or welfare of the district; and
(2) the proposed financing complies with the purposes and provisions of this article;
the board shall adopt a resolution to approve the financing, including the form and terms of the financing agreement, the waste management development bonds, and the trust indenture, if any.
[Pre-1996 Recodification Citation: 13-9.5-9-5(d), (e) part.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 9. Financing: Waste Management Development Bonds › 13-21-9-3. Waste Management Development Bonds

Sec. 3. (a) The resolution adopted under section 2 of this chapter may also authorize the issuance of waste management development bonds payable solely from:
(1) revenues and receipts derived from a financing agreement; or
(2) payments made under a guaranty agreement by a developer, user, or any other person.
(b) The waste management development bonds are not in any respect a general obligation of the district.
[Pre-1996 Recodification Citation: 13-9.5-9-5(e) part.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 9. Financing: Waste Management Development Bonds › 13-21-9-4. Financing Agreement; Payments; Term; Retention of Interest in Facility by District

Sec. 4. (a) A financing agreement must provide for payments in an amount not less than an amount sufficient to pay:
(1) the principal of;
(2) the premium, if any, of; and
(3) interest on;
the waste management development bonds authorized for the financing of the facilities.
(b) The term of a financing agreement may not exceed forty (40) years from the date of any waste management development bonds issued under the agreement. However, a financing agreement does not terminate after forty (40) years if a default under the agreement remains uncured, unless the termination is authorized under the terms of the financing agreement.
(c) If the district retains an interest in the facilities, the financing agreement must require the user or developer to pay all:
(1) costs of maintenance and repair;
(2) taxes;
(3) assessments;
(4) insurance premiums;
(5) trustee's fees; and
(6) any other expenses relating to the facilities;
so that the district will not incur any expenses due to the facilities that are not covered by the payments provided for in the financing agreement.
[Pre-1996 Recodification Citation: 13-9.5-9-5(f).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 9. Financing: Waste Management Development Bonds › 13-21-9-5. Bonds; Expenses, Premiums, and Commissions

Sec. 5. The district may advance all expenses, premiums, and commissions that the district considers necessary or advantageous in connection with the issuance of bonds issued under this chapter.
[Pre-1996 Recodification Citation: 13-9.5-9-5(g).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 9. Financing: Waste Management Development Bonds › 13-21-9-6. Exemption From Property Tax on Facilities

Sec. 6. (a) The district is exempt from all property taxes on facilities.
(b) Developers and users are liable for property taxes on facilities as provided by law.
(c) This chapter does not deny a tax exemption that a developer or user may have under other laws because of the nature of the facilities or the user.
[Pre-1996 Recodification Citation: 13-9.5-9-5(h).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 9. Financing: Waste Management Development Bonds › 13-21-9-7. Approvals and Permits

Sec. 7. The user or developer is responsible for obtaining and maintaining all approvals and permits required for the construction of the facilities under this chapter.
[Pre-1996 Recodification Citation: 13-9.5-9-5(i).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 10. Financing: Refunding of Outstanding Bonds › 13-21-10-1. Issuance of Bonds to Refund Outstanding Bonds

Sec. 1. If a board finds that a refunding of outstanding bonds would:
(1) be of benefit to the health and welfare of the district; and
(2) comply with the purposes and provisions of this article;
the board may authorize the issuance of bonds under IC 5-1-5 to refund outstanding bonds issued in accordance with this article or IC 13-9.5-9 (before its repeal).
[Pre-1996 Recodification Citation: 13-9.5-9-6.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 11. Financing: Borrowing Evidenced by Notes › 13-21-11-1. Anticipation Notes

Sec. 1. A district:
(1) pending receipt of a grant; or
(2) in anticipation of the issuance of bonds under this article;
may borrow money from any person and evidence the debt by a note or notes executed by the chairperson of the board and the controller of the district and containing the terms and provisions prescribed by the board.
[Pre-1996 Recodification Citation: 13-9.5-9-7(a).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 11. Financing: Borrowing Evidenced by Notes › 13-21-11-2. Sale of Notes

Sec. 2. An issuance of a note or notes or evidence of indebtedness under this chapter or IC 13-9.5-9-7 (before its repeal) may be sold at a public or private negotiated sale.
[Pre-1996 Recodification Citation: 13-9.5-9-7(b).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 11. Financing: Borrowing Evidenced by Notes › 13-21-11-3. Term

Sec. 3. A note or notes issued or renewed under this chapter must:
(1) mature not more than five (5) years from the date of issuance of the original note; and
(2) pledge for the payment of the principal and interest the proceeds of the grant or bonds.
[Pre-1996 Recodification Citation: 13-9.5-9-7(c).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 11. Financing: Borrowing Evidenced by Notes › 13-21-11-4. Application of Proceeds

Sec. 4. The board shall apply the proceeds of a note issued under this chapter or IC 13-9.5-9-7 (before its repeal) to the cost of the facility for which the grant is to be made or bonds issued, although a purchaser of any obligations is not liable for the proper application of the proceeds.
[Pre-1996 Recodification Citation: 13-9.5-9-7(d).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 11. Financing: Borrowing Evidenced by Notes › 13-21-11-5. Board Approval

Sec. 5. Notes issued under this chapter must be approved by a resolution of the board.
[Pre-1996 Recodification Citation: 13-9.5-9-7(e).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-2. Securement of Bond by Trust Indenture; Provisions Allowable in Trust Indenture or Resolution

Sec. 2. The bonds issued under this article or IC 13-9.5-9 (before its repeal) may be secured by a trust indenture between the district and a corporate trustee, which may be any national or state bank having its principal office in Indiana and having trust powers. The trust indenture or resolution under which the bonds are issued may do the following:
(1) Mortgage the land, interest in land, or the facilities for which the bonds are issued.
(2) Pledge the revenues or any other money, or any part of the revenues or money, to be received by the district.
(3) Contain the provisions for protecting and enforcing the rights and remedies of the bondholders or lenders that may be considered reasonable, including covenants setting forth the duties of the district or board in relation to the construction of the facilities and the custody, safeguarding, application, and investment of all money received or to be received by the district for the facilities financed by the issuance of the bonds.
(4) Provide for the establishment of reserve funds from the bond proceeds or from other sources to the extent authorized.
(5) Set forth the:
(A) rights and remedies of the bondholders and trust; and
(B) provisions restricting the individual rights or actions of bondholders.
(6) Contain provisions regarding the following:
(A) The investment of money.
(B) Sales, exchange, or disposal of property.
(C) The manner of authorizing and making of payments without regard to any general statute relating to these matters.
(7) Provide for the following:
(A) The payment of the proceeds of the sale of bonds to the trustee, officer, bank, or depository that may be determined under the trust indenture or resolution for the custody of the proceeds.
(B) The method of disbursement of the proceeds, with the safeguards and restrictions that are determined.
(8) Provide for the appointment of a receiver by the circuit or superior court of the county under terms and conditions that are considered reasonable.
(9) Contain other provisions that the district considers reasonable and proper for the security of the bondholders.
[Pre-1996 Recodification Citation: 13-9.5-9-9.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-3. Security Exempt From Registration Requirement of Ic 23

Sec. 3. A security issued in connection with a financing under this article, the interest on which is excludable from adjusted gross income tax, is exempt from the registration requirements of IC 23.
[Pre-1996 Recodification Citation: 13-9.5-9-10.]
As added by P.L.1-1996, SEC.11. Amended by P.L.192-2002(ss), SEC.156.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-4. Bonds and Anticipation Notes Exempt From Taxation

Sec. 4. All:
(1) bonds, including grant and bond anticipation notes, issued under this article or IC 13-9.5-9 (before its repeal); and
(2) the interest on the bonds and notes;
are exempt from taxation in accordance with IC 6-8-5.
[Pre-1996 Recodification Citation: 13-9.5-9-11.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-5. Revenues Received by Board or District Exempt From Taxation

Sec. 5. All revenues received by the board or district under this article or IC 13-9.5-9 (before its repeal) are exempt from all taxation.
[Pre-1996 Recodification Citation: 13-9.5-9-12.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-6. Alternative Financing Methods

Sec. 6. The facilities or any part of the facilities to be financed under this article may be financed by any combination of one (1) or more of the methods provided for in this article.
[Pre-1996 Recodification Citation: 13-9.5-9-13.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-7. Action to Contest Validity Bonds or to Prevent Issuance; Time Limitation

Sec. 7. An action to:
(1) contest the validity of the bonds; or
(2) prevent the issuance of the bonds;
must be brought within thirty (30) days following the first publication of public notice of the adoption of the resolution authorizing the bonds.
[Pre-1996 Recodification Citation: 13-9.5-9-14.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-8. Authority for Issuance of Bonds

Sec. 8. (a) This article constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by a board, officer, commission, department, agency, or instrumentality of the state is required to issue bonds or to do any act or perform anything under this article except as prescribed by this article.
(b) The:
(1) powers conferred by this article are in addition to and not in substitution for; and
(2) limitations imposed by this article do not affect;
the powers conferred by any other statute.
[Pre-1996 Recodification Citation: 13-9.5-9-15.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-9. Facility and Sale of Byproducts Exempt From Regulation Under Ic 8-1-2 and Ic 8-1.5

Sec. 9. The following are exempt from regulation under IC 8-1-2 and IC 8-1.5:
(1) A facility owned, operated, or financed under this article.
(2) The sale of byproducts from the facility.
[Pre-1996 Recodification Citation: 13-9.5-9-16.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-10. Covenant and Agreement With Bondholders

Sec. 10. The general assembly covenants and agrees with the holders of any bonds that as long as any bonds of a district issued under this article or IC 13-9.5-9 (before its repeal) are outstanding and unpaid, the state:
(1) will not limit or alter the rights of the district to:
(A) acquire, construct, reconstruct, improve, enlarge, extend, own, operate, and maintain any project or interest in any project;
(B) establish, maintain, revise, charge, and collect the fees and taxes referred to in this article; and
(C) fulfill the terms of any agreements made with the holders of the bonds; and
(2) will not in any way impair the rights and remedies of the bondholders;
until the bonds, together with interest on the bonds, interest on any unpaid installment of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully paid, met, and discharged.
[Pre-1996 Recodification Citation: 13-9.5-9-17.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 12. Financing: Requirements for Issuance of Bonds Generally › 13-21-12-11. Article Supplemental to Other Statutes

Sec. 11. This article is supplemental to all other statutes covering the acquisition, construction, modification, use, and maintenance of facilities for solid waste disposal by a district.
[Pre-1996 Recodification Citation: 13-9.5-9-18.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 13. District Final Disposal Fees › 13-21-13-1. Fees for Disposal in Facilities Within the District; Penalties

Sec. 1. (a) A board may impose fees on the disposal of solid waste in a final disposal facility located within the district. A fee imposed by a board in a county with a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000) under this section may not exceed two dollars and fifty cents ($2.50) a ton. A fee imposed by a board in other counties under this section may not exceed:
(1) two dollars and fifty cents ($2.50) a ton; or
(2) the amount of a fee imposed by the board;
(A) under this section; and
(B) in effect on January 1, 1993;
whichever is greater.
(b) The board shall do the following:
(1) Set the amount of fees imposed under this section after a public hearing.
(2) Give public notice of the hearing.
(c) If solid waste has been subject to a district fee under this section, the total amount of the fee that was paid shall be credited against a district fee to which the solid waste may later be subject under this section.
(d) Except as provided in section 4 of this chapter, fees imposed under this chapter shall be imposed uniformly on public facilities and on privately owned or operated facilities throughout the district.
(e) A resolution adopted by a board that establishes fees under this chapter may contain a provision that authorizes the board to impose a penalty of not more than five hundred dollars ($500) per day because of:
(1) nonpayment of fees; or
(2) noncompliance with a condition in the resolution.
(f) A board may not impose fees for material used as alternate daily cover pursuant to a permit issued by the department under 329 IAC 10-20-13.
[Pre-1996 Recodification Citation: 13-9.5-7-1.]
As added by P.L.1-1996, SEC.11. Amended by P.L.45-1997, SEC.15; P.L.170-2002, SEC.91; P.L.119-2012, SEC.118; P.L.104-2022, SEC.90.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 13. District Final Disposal Fees › 13-21-13-2. District Solid Waste Management Fund

Sec. 2. (a) A board that has imposed fees under section 1 of this chapter shall establish and continuously maintain a separate fund under this section to be known as the "______________ district solid waste management fund".
(b) All fees remitted to the district under section 1 of this chapter shall be deposited in the fund.
(c) Money in the fund may be used only for the following purposes:
(1) To pay expenses of administering the fund.
(2) To pay costs associated with the development and implementation of the district plan.
(d) The controller of the district shall administer a fund established under this section. Money in the fund that is not currently needed for the purposes set forth in subsection (c) shall be deposited and invested in the same manner as other county money is deposited and invested under IC 5-13. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a district's fiscal year does not revert to:
(1) a county general fund; or
(2) any other fund.
(e) The controller of a district shall:
(1) file an individual surety bond; or
(2) revise an existing bond;
in a sufficient amount determined under IC 5-4-1-18 to reflect the liability associated with the handling of the district's money.
[Pre-1996 Recodification Citation: 13-9.5-7-2.]
As added by P.L.1-1996, SEC.11. Amended by P.L.214-2005, SEC.59.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 13. District Final Disposal Fees › 13-21-13-3. Collection; Compensation; Time Limit on Remittance; Report

Sec. 3. (a) If a board imposes a fee under section 1 of this chapter, the owner or operator of a final disposal facility located within the district is responsible for collecting fees from persons delivering solid waste to the facility. Each owner or operator may do the following:
(1) Deduct from the fees an amount equal to one percent (1%) of the fees collected.
(2) Retain this amount as compensation for collecting and remitting the fees.
(b) The owner or operator shall remit the remainder of the fees the owner or operator collects during a month to the controller not later than ten (10) days after the last day of the month in which the fees are collected.
(c) Each owner or operator of a final disposal facility shall, at the time the collected fees are remitted, furnish to the controller a fee collection report.
[Pre-1996 Recodification Citation: 13-9.5-7-3.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 13. District Final Disposal Fees › 13-21-13-4. Limitation on Imposition

Sec. 4. A board may not impose a fee under this chapter on the disposal of solid waste by a person that:
(1) generated the solid waste; and
(2) disposes of the solid waste at a site that is:
(A) owned by that person; and
(B) limited, for purposes of the disposal of solid waste, to use by the person for the disposal of solid waste generated by the person.
[Pre-1996 Recodification Citation: 13-9.5-7-4.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 13. District Final Disposal Fees › 13-21-13-5. Fee Collection; Determination of Weight of Solid Waste

Sec. 5. (a) If fees imposed under section 1 of this chapter are based and charged on each ton of solid waste, the owner or operator of a final disposal facility that:
(1) annually receives, on the average, less than two hundred (200) tons of solid waste each day; and
(2) does not have a scale suitable for weighing the solid waste received at the final disposal facility;
may determine the weight of the solid waste received by conversion from the volume of the solid waste.
(b) An owner or operator described in subsection (a) shall apply the following conversion factors:
(1) Three and three-tenths (3.3) cubic yards of compacted solid waste equals one (1) ton of solid waste.
(2) Six (6) cubic yards of uncompacted solid waste equals one (1) ton of solid waste.
[Pre-1996 Recodification Citation: 13-9.5-7-5.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 13. District Final Disposal Fees › 13-21-13-6. Fees Not Revenues

Sec. 6. Fees prescribed by this chapter are not:
(1) revenues (as defined in IC 36-9-31-2) of a facility (as defined in IC 36-9-31-2); or
(2) revenues under:
(A) IC 8-1.5;
(B) IC 13-21-3-13;
(C) IC 13-21-7 through IC 13-21-12;
(D) IC 13-21-14; or
(E) IC 36-9-30.
[Pre-1996 Recodification Citation: 13-9.5-7-7.]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-1. Additional Waste Management Fees

Sec. 1. (a) A board:
(1) may; and
(2) if necessary to pay principal or interest on any bonds issued under this article or IC 13-9.5-9 (repealed), shall;
establish solid waste management fees in addition to fees imposed under IC 13-21-13 or IC 13-9.5-7 (before its repeal) that apply to all persons owning real property or generating solid waste within the district who are benefited by solid waste management, solid waste collection, a facility for solid waste disposal, or a facility for solid waste processing.
(b) The board may change and readjust fees as necessary.
[Pre-1996 Recodification Citation: 13-9.5-9-2(a).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-2. Basis

Sec. 2. The board may fix the solid waste management fees on the basis of the following:
(1) A flat charge for each residence or building in use in the waste management district.
(2) The weight or volume of the refuse received.
(3) The average number of containers or bags of refuse received.
(4) The relative difficulty associated with the collection or management of the solid waste received.
(5) Any other criteria that the board determines to be logically related to the service.
(6) Any combination of these criteria.
[Pre-1996 Recodification Citation: 13-9.5-9-2(b).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-3. Periodic Billing System; Fee Collection Ordinance Prohibited

Sec. 3. (a) The collection of the fees authorized by this chapter may be effectuated through a periodic billing system.
(b) After June 30, 2019, a unit may not enact an ordinance requiring a solid waste hauler or a person who operates a vehicle in which recyclable material is transported for recycling to collect fees authorized by this chapter and remit the fees to the board of a district or to the unit.
[Pre-1996 Recodification Citation: 13-9.5-9-2(c).]
As added by P.L.1-1996, SEC.11. Amended by P.L.19-2019, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-4. Fee Schedules

Sec. 4. The board may exercise reasonable discretion in adopting differing schedules of fees based upon variations in the following:
(1) The cost of furnishing the services included within this chapter to various classes of owners of property or of generators of solid waste within the district.
(2) The distance of the property benefited from the facility.
(3) Any other variations the board determines to be logically related to the cost of the service.
[Pre-1996 Recodification Citation: 13-9.5-9-2(d).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-5. Public Notice and Hearing

Sec. 5. (a) Fees shall be established only after public notice and a public hearing before the board at which:
(1) all persons using facilities, owning property, or generating solid waste within the district who are benefited by solid waste management; and
(2) other interested persons;
have an opportunity to be heard concerning the proposed fees.
(b) After introduction of a resolution fixing fees and before the resolution is adopted, public notice of the hearing, setting forth the schedule of fees, shall be given. The hearing may be adjourned as necessary.
(c) After the hearing the resolution establishing fees, either as originally introduced or as amended, shall be passed and put into effect.
(d) A copy of the schedule of fees established shall be kept:
(1) on file in the office of the board or the controller, secretary, or other recordkeeping officer of the district; and
(2) open to inspection by all interested persons.
(e) The fees established extend to cover any additional territory later served that falls within the same class without the necessity of a hearing or notice.
(f) A change or readjustment of fees may be made in the same manner as the fees were originally established.
[Pre-1996 Recodification Citation: 13-9.5-9-2(e).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-6. Contesting Validity; Time Limitation

Sec. 6. An action to contest:
(1) the validity of the fees adopted; or
(2) the procedure by which the fees were adopted;
must be brought within thirty (30) days following the adoption of the fees under section 5 of this chapter.
[Pre-1996 Recodification Citation: 13-9.5-9-2(f).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-7. Use of Money

Sec. 7. Fees imposed under this chapter may be used, together with any other revenues, to pay any of the following:
(1) The cost of facilities for solid waste management.
(2) The operation and maintenance of facilities.
(3) The charges that may be pledged to the payment of principal of and interest on waste management district or revenue bonds.
(4) The costs of implementing the district's district plan.
[Pre-1996 Recodification Citation: 13-9.5-9-2(g).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-8. Penalties for Late Payment

Sec. 8. If a fee established is not paid within the time fixed by the board, the amount, together with:
(1) a penalty of twenty-five dollars ($25); and
(2) a reasonable attorney's fee;
may be recovered in a civil action in the name of the district.
[Pre-1996 Recodification Citation: 13-9.5-9-2(h).]
As added by P.L.1-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 14. District Solid Waste Management Fees › 13-21-14-9. Exception for Transfer Station

Sec. 9. A district may not exercise its authority under this chapter to impose a fee on the:
(1) owner of real or personal property that is used solely as a transfer station; or
(2) operation of a transfer station.
As added by P.L.130-1996, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 15. Dissolution of Districts › 13-21-15-1. Dissolution of Single County Solid Waste Management District

Sec. 1. (a) If a solid waste management district is a county district consisting of only one (1) county, the county may dissolve the district under IC 13-21-3-1(d)(1) and IC 36-1-8-17.7(b).
(b) The dissolution of a district through the adoption of an ordinance under IC 36-1-8-17.7(b)(7) is effective on the date specified in the ordinance.
(c) Upon the dissolution of a district, the following apply:
(1) Any legal obligations of the district that were incurred under this article before the district was dissolved, including bond obligations, loan obligations, other contractual liabilities, and civil liabilities, are transferred to the county and become legal obligations of the county, and those legal obligations shall be satisfied from assets of the district as provided in subdivision (2).
(2) Any assets of the district that are needed to satisfy the legal obligations described in subdivision (1) shall be:
(A) used by the district to satisfy those legal obligations; or
(B) transferred to the county and used by the county to satisfy those legal obligations.
(3) To the extent there are assets of the district that are not needed to satisfy the legal obligations described in subdivision (1), those assets:
(A) shall be transferred to the county and become assets of the county; and
(B) shall be used by the county in providing services previously provided by the district.
(d) After the county district of a county is dissolved, the county is no longer subject to this article, except for this chapter, and the county is not a county district or a member of a joint district.
As added by P.L.189-2016, SEC.4. Amended by P.L.10-2019, SEC.66.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 15. Dissolution of Districts › 13-21-15-2. County Withdrawing From Joint District; Determination Not to Belong to Another Joint District or to Be Designated a County District

Sec. 2. (a) If a county is a member of a joint solid waste management district and withdraws from the joint district under IC 13-21-3-1(d)(2) and IC 13-21-4, the county executive of the county may adopt an ordinance determining that both of the following apply to the county:
(1) The county will no longer be a member of a joint solid waste management district.
(2) The county will not be designated as a county solid waste management district.
(b) If a county withdraws from a joint solid waste management district under IC 13-21-4 and adopts an ordinance under subsection (a):
(1) the county is responsible for its share of legal obligations (if any) arising from its former membership in the joint district as provided under IC 13-21-4; and
(2) any assets of the joint district that are apportioned to the county under IC 13-21-4-4 become assets of the county and:
(A) shall be used by the county to satisfy the legal obligations described in subdivision (1); or
(B) to the extent that the assets are not needed to satisfy the legal obligations described in subdivision (1), shall be used by the county in providing services previously provided by the district.
(c) If the county executive of the county adopts an ordinance under subsection (a), the county, after the date on which the withdrawal of the county from the joint solid waste management district is effective under IC 13-21-4:
(1) is no longer subject to this article, except for this chapter; and
(2) is not a county district or a member of a joint district.
As added by P.L.189-2016, SEC.4. Amended by P.L.10-2019, SEC.67.
2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 15. Dissolution of Districts › 13-21-15-4. County Authority to Continue Collecting Solid Waste Management District Fee; Requirement to Use Fee Proceeds to Provide Services

Sec. 4. If:
(1) a fee on the disposal of solid waste under IC 13-21-13 or a solid waste management fee under IC 13-21-14 is in effect in a county; and
(2) the county:
(A) dissolves the county solid waste management district as described in section 1(a) of this chapter; or
(B) withdraws from a joint solid waste management district and determines that it will no longer be a member of a joint district or be designated as a county district as described in section 2(a) of this chapter;
the county may continue collecting the fee notwithstanding the action described in subdivision (2). However, the county shall use the proceeds of the fee exclusively to provide services previously provided in the county by the solid waste management district.
As added by P.L.189-2016, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 1. Construction of Statutes › 13-22-1-1. Disposal at Production or Generation Site

Sec. 1. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14 may not be construed to prohibit disposal of solid waste or hazardous wastes at the site of production or generation if construction and operation permits have been obtained in accordance with IC 13-22-3.
[Pre-1996 Recodification Citation: 13-7-8.5-6.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 2. Regulation Generally; Adoption of Specific Rules › 13-22-2-1. Duty of Department to Regulate Transportation, Treatment, Storage, and Disposal of Hazardous Waste

Sec. 1. The department shall regulate and require the proper and safe transportation, treatment, storage, and disposal of hazardous waste that is generated in or transported into Indiana.
[Pre-1996 Recodification Citation: 13-7-8.5-1.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 2. Regulation Generally; Adoption of Specific Rules › 13-22-2-2. Rules to Implement Chapter

Sec. 2. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter through IC 13-22-8, IC 13-22-11.5, and IC 13-22-13 through IC 13-22-14.
[Pre-1996 Recodification Citation: 13-7-8.5-7(e).]
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.16; P.L.128-1997, SEC.4; P.L.133-2012, SEC.149.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 2. Regulation Generally; Adoption of Specific Rules › 13-22-2-3. Criteria for Determining; Listing; Emergency Rule

Sec. 3. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 to develop criteria for determining hazardous waste. In developing those criteria, the board shall determine whether any waste to be or being disposed of meets any of the following conditions:
(1) Presents immediate or persistent hazards to humans or wildlife.
(2) Is resistant to natural degradation or detoxification.
(3) Is bioconcentrative, flammable, reactive, toxic, corrosive, or infectious in addition to any other harmful characteristics.
(b) The board shall do the following:
(1) Compile and maintain a listing of wastes that have been determined to be hazardous:
(A) under the criteria described in subsection (a); or
(B) by regulation of the United States Environmental Protection Agency.
(2) Issue the listing by adopting rules under IC 4-22-2. However, the board may by resolution adopt an emergency rule under IC 4-22-2-37.1 to declare any waste determined to be hazardous under this section.
(c) The board shall consider actions taken by adjoining states and the federal government for purposes of uniform criteria relating to the listing and delisting of waste under this section.
(d) The commissioner may exclude a waste produced at a particular generating facility from the listing under subsection (b) if the person seeking exclusion of the waste demonstrates to the satisfaction of the commissioner that the waste does not meet any of the criteria under which the waste was listed as a hazardous waste and:
(1) the person seeking exclusion has already obtained exclusion of the waste from the listing maintained under 40 CFR 261 by the United States Environmental Protection Agency; or
(2) if the department has received authority from the United States Environmental Protection Agency to delist waste under 40 CFR 260.20 and 260.22, the person petitions the commissioner to consider the removal of a waste from the listing, and the commissioner follows the authorized procedure for delisting.
(e) The department shall establish a procedure by which a person may petition the commissioner to consider the removal of a specific waste from the lists maintained under subsection (b).
[Pre-1996 Recodification Citation: 13-7-8.5-3.]
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.17; P.L.128-1997, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 2. Regulation Generally; Adoption of Specific Rules › 13-22-2-4. Rules

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 on the proper and safe transportation, treatment, storage, and disposal of hazardous wastes. Whenever possible, the rules adopted under this section must allow for variation in Indiana with regard to population density, climate, and geology.
(b) Rules adopted under this section concerning incinerators used as hazardous waste facilities may establish requirements more stringent than the requirements for hazardous waste incinerators established by regulations adopted by the Administrator of the United States Environmental Protection Agency under the following statutes:
(1) The federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.).
(2) The federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the federal Clean Air Act Amendments of 1990 (P.L.101-549).
[Pre-1996 Recodification Citation: 13-7-8.5-4.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 2. Regulation Generally; Adoption of Specific Rules › 13-22-2-5. Hazardous Waste Facilities; Rules

Sec. 5. The rules adopted by the board concerning the construction and operation of hazardous waste facilities must require, without limitation, the following:
(1) Provision of contingency plans for effective containment and control of any emergency condition resulting from an unanticipated occurrence.
(2) Satisfactory proof of the financial capability of the operator and owner of the facility.
(3) Satisfactory submission of a plan for and financial assurance of closure and postclosure monitoring and maintenance of the facility.
(4) Access to adequate testing facilities onsite or offsite to verify the chemical and physical characteristics of the hazardous wastes stored, received, or transferred.
(5) Provision and maintenance of liability insurance by the owner or operator through self-insurance or from an insurer licensed or eligible to insure facilities in Indiana for accidental occurrences in accordance with rules of the board.
(6) Corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a hazardous waste facility for which a permit is sought under IC 13-22-3, regardless of the time at which waste was placed in the unit. The rules must provide that, if corrective action as required under this subdivision cannot be completed at the site of a facility before issuance of the permit, the permit must contain schedules of compliance for any required corrective action.
[Pre-1996 Recodification Citation: 13-7-8.5-5(b) part.]
As added by P.L.1-1996, SEC.12.