2023 Indiana Code › Title 13. Environment › Article 21. Solid Waste Management Districts › Chapter 3. Solid Waste Management Districts › 13-21-3-1. Solid Waste Management District Not Mandatory After June 30, 2017; Option to Dissolve or Withdraw and Have No District

Sec. 1. (a) After June 30, 2017, a county may, by ordinance of the county executive:
(1) join with one (1) or more other counties in establishing a joint solid waste management district that includes the entire area of all the acting counties; or
(2) designate itself as a county solid waste management district.
(b) If a county withdraws from a joint solid waste management district under IC 13-21-4, the county executive of the county may adopt an ordinance to join another or establish another joint solid waste management district with one (1) or more other counties:
(1) not earlier than fifteen (15) days; or
(2) not later than forty-five (45) days;
after the date the ordinance is introduced.
(c) An ordinance adopted under subsection (a)(1) or (b) must include the approval of an agreement governing the operation of the joint district.
(d) After June 30, 2017, a county may do the following:
(1) Dissolve the county solid waste management district of the county through:
(A) the adoption by the county executive of an ordinance in favor of the dissolution of the district;
(B) the adoption by the county fiscal body of an ordinance in favor of the dissolution of the district; and
(C) the action of the county legislative body according to the procedure set forth in IC 36-1-8-17.7, including the adoption of:
(i) a plan concerning the dissolution of the district that is consistent with IC 13-21-15 and includes the content required by IC 36-1-8-17.7(b)(5); and
(ii) an ordinance dissolving the district.
(2) Withdraw from the joint solid waste management district to which the county belongs through the action of the county executive in:
(A) following the procedure set forth in IC 13-21-4;
(B) adopting a plan that is consistent with IC 13-21-15 and includes the content required by IC 36-1-8-17.7(b)(5); and
(C) adopting an ordinance under 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.
(e) If a county, on June 30, 2017, is designated as a county solid waste management district or belongs to a joint solid waste management district, the expiration of the former subsection (a) on July 1, 2017, and the taking effect of subsection (a) on July 1, 2017, do not affect the county solid waste management district or the county's membership in the joint solid waste management district. A solid waste management district established under the former subsection (a) before its expiration on July 1, 2017, (or under IC 13-9.5-2-1, before its repeal) continues in existence after June 30, 2017, unless the county takes action under subsection (d) concerning the solid waste management district. The expiration of the former subsection (a) on July 1, 2017, does not affect:
(1) any rights or liabilities accrued;
(2) any administrative or legal proceedings begun;
(3) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;
(4) any tax levies made or authorized;
(5) any fees collected;
(6) any funds established;
(7) any patents issued;
(8) the validity, continuation, or termination of any contracts or leases executed; or
(9) the validity of court decisions entered;
before July 1, 2017.
(f) A person who is:
(1) a member of:
(A) the county executive;
(B) the county legislative body; or
(C) the county fiscal body; and
(2) an employee of a district;
may not cast a vote on an ordinance under this section or in any other action concerning the dissolution of the district that employs the person.
(g) The following apply to an individual described in subsection (f) after the solid waste management district is dissolved:
(1) Notwithstanding IC 3-5-9, the person may continue to hold the elected office to which the person was elected before the dissolution of the district until the expiration of the term to which the person was elected.
(2) Notwithstanding IC 3-5-9-5, the person is not:
(A) considered to have resigned; or
(B) required to resign;
as an employee of the county, after the dissolution of the district.
(3) The person may not cast a vote on any matter concerning solid waste management as a member of:
(A) the county executive;
(B) the county legislative body; or
(C) the county fiscal body.
[Pre-1996 Recodification Citation: 13-9.5-2-1.]
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.2; P.L.189-2016, SEC.1; P.L.181-2018, SEC.10; P.L.10-2019, SEC.64.