reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-12. Voluntary Remediation Work Plan; Rejection; Notice; Appeal

Sec. 12. If the commissioner rejects a proposed voluntary remediation work plan under section 10 of this chapter:
(1) the commissioner shall, under applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), notify the applicant and specify the reasons for rejecting the work plan; and
(2) the applicant may appeal the commissioner's decision under IC 4-21.5.
[Pre-1996 Recodification Citation: 13-7-8.9-15(c).]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-13. Voluntary Remediation Work Plan; Approval or Modification; Notice

Sec. 13. If the commissioner approves or modifies and approves a proposed voluntary remediation work plan under this chapter, the commissioner shall notify the applicant in writing, under the applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), of the following:
(1) That the voluntary remediation work plan has been approved or modified and approved.
(2) The date:
(A) the applicant may begin implementing the work plan; and
(B) by which the work plan must be completed.
(3) The applicant's right to appeal the commissioner's decision under IC 4-21.5.
[Pre-1996 Recodification Citation: 13-7-8.9-15(d).]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-14. Voluntary Remediation Work Plan; Implementation; Notice

Sec. 14. If an applicant who submitted an approved voluntary remediation work plan desires to proceed with the implementation of the work plan, the applicant must notify the commissioner in writing not more than sixty (60) days after the work plan is approved that the applicant:
(1) intends to proceed with the implementation of the work plan; and
(2) agrees to the starting and completion dates set forth by the commissioner under section 13(2) of this chapter.
[Pre-1996 Recodification Citation: 13-7-8.9-15(e).]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-15. Voluntary Remediation Work Plan; Implementation; Reports

Sec. 15. If an applicant who submitted an approved voluntary remediation work plan proceeds with the work plan, the department or a person under contract with the department shall do the following:
(1) Oversee and review the implementation of the voluntary remediation work plan.
(2) Make regular reports to the commissioner concerning the remediation.
[Pre-1996 Recodification Citation: 13-7-8.9-16.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-16. Certificate of Completion

Sec. 16. (a) If the commissioner determines that an applicant has successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall certify that the work plan has been completed by issuing the applicant a certificate of completion.
(b) The issuance of a certificate of completion under this section is a final agency action for purposes of IC 4-21.5.
(c) A person who receives a certificate under this section shall attach a copy of the certificate to the recorded deed that concerns the property on which the remediation took place.
[Pre-1996 Recodification Citation: 13-7-8.9-17(a), (b).]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-17. Notice of Unsuccessful Completion

Sec. 17. If the commissioner determines that an applicant has not successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall notify the applicant of this determination under IC 4-21.5.
[Pre-1996 Recodification Citation: 13-7-8.9-17(c).]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-19. Withdrawing Commissioner's Approval of Voluntary Remediation Work Plan; Appeal

Sec. 19. (a) This chapter does not prohibit or limit the commissioner from withdrawing the commissioner's approval of a voluntary remediation work plan at any time during the implementation of the work plan if:
(1) the person implementing the work plan fails substantially to comply with the terms and conditions of:
(A) the voluntary remediation work plan; or
(B) a voluntary remediation agreement; or
(2) a hazardous substance or petroleum becomes an imminent and substantial threat to human health or the environment.
(b) The withdrawal of the approval of a voluntary remediation work plan may be appealed under IC 4-21.5.
[Pre-1996 Recodification Citation: 13-7-8.9-19.]
As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-20. Third Party Actions or Claims; Liability for Claims for Contribution

Sec. 20. (a) This chapter does not affect an action or a claim, including a claim for contribution, that a person who implements or completes an approved voluntary remediation work plan has or may have against a third party.
(b) A person who implements or completes an approved voluntary remediation work plan under this chapter is not liable for claims for contribution concerning matters addressed in:
(1) the work plan; or
(2) a certificate of completion issued to the person under section 16 of this chapter.
[Pre-1996 Recodification Citation: 13-7-8.9-20.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-21. Voluntary Remediation Fund

Sec. 21. (a) The voluntary remediation fund is established to provide a source of money for the department to implement this chapter.
(b) The expenses of administering the fund shall be paid from the money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) The sources of money for the fund are as follows:
(1) Fees paid under section 2 of this chapter.
(2) Appropriations made by the general assembly.
(3) Gifts and donations intended for deposit in the fund.
(4) Transfers under section 22 of this chapter from the environmental management special fund established by IC 13-14-12-1.
[Pre-1996 Recodification Citation: 13-7-8.9-21.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-22. Repealed

[Pre-1996 Recodification Citation: 13-7-8.9-22.]
As added by P.L.1-1996, SEC.15. Repealed by P.L.1-2001, SEC.51.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum › 13-25-5-23. Rules

Sec. 23. The board may adopt rules under IC 4-22-2 and IC 13-14-8 to implement this chapter. The rules may include interim or final remediation standards or provisions limiting the liability of lenders associated with persons involved in voluntary remediation projects under this chapter.
[Pre-1996 Recodification Citation: 13-7-8.9-23.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 6. Reimbursement for Hazardous Materials Emergency Action › 13-25-6-1. Application of Chapter

Sec. 1. This chapter does not apply to an occurrence involving the release or imminent release of less than twenty-five (25) pounds of active ingredient of a substance or a combination of substances that meets all of the following conditions:
(1) Was commercially produced and sold as a fertilizer, fungicide, herbicide, or pesticide.
(2) Is, at the time of the occurrence, in the possession of an individual who acquired the substance or combination of substances with the intent to use the substance for the purpose intended by the commercial producer:
(A) in a dwelling owned or occupied by the individual;
(B) in the yard adjacent to or surrounding a dwelling owned or occupied by the individual; or
(C) on a farm owned or operated by the individual.
[Pre-1996 Recodification Citation: 13-6-2-1.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 6. Reimbursement for Hazardous Materials Emergency Action › 13-25-6-2. Reasonable and Necessary Expenses; Emergency Response; Reimbursement

Sec. 2. The persons who are responsible parties in connection with a hazardous materials emergency shall reimburse:
(1) an emergency response agency; or
(2) the governmental entity served by an emergency response agency;
for reasonable and necessary expenses incurred by the emergency response agency in taking emergency action at or near the scene of the hazardous materials emergency.
[Pre-1996 Recodification Citation: 13-6-2-10(a) part.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 6. Reimbursement for Hazardous Materials Emergency Action › 13-25-6-3. Reimbursements to Fire Departments

Sec. 3. (a) Reimbursement is available under this chapter for expenses, except for expenses of a type that the agency normally incurs in responding to emergencies that do not involve hazardous materials, that are incurred in taking emergency action by an emergency response agency other than a fire department that is described in subsection (b).
(b) Reimbursement is available under this chapter and IC 36-8-12.2 for expenses that are incurred in taking emergency action by a fire department that:
(1) is established under IC 36-8-2-3 or IC 36-8-13-3(a)(1); and
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
[Pre-1996 Recodification Citation: 13-6-2-10(a) part.]
As added by P.L.1-1996, SEC.15. Amended by P.L.33-2001, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 6. Reimbursement for Hazardous Materials Emergency Action › 13-25-6-4. Reimbursement Prohibited if Expenses Reimbursable by Federal Government

Sec. 4. Reimbursement for expenses is not available under this chapter if those expenses may be reimbursed by the federal government under Section 123 of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9623).
[Pre-1996 Recodification Citation: 13-6-2-10(a) part.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 6. Reimbursement for Hazardous Materials Emergency Action › 13-25-6-5. Action for Reimbursement

Sec. 5. An emergency response agency or a governmental entity may obtain reimbursement under this chapter by filing an action for reimbursement in a court of general jurisdiction of:
(1) a county in which a hazardous materials emergency arose; or
(2) the county in which the unit that established the fire department is located, if the emergency response agency is a fire department that:
(A) is established by a unit under IC 36-8-2-3 or IC 36-8-13-3(a)(1); and
(B) employs:
(i) both full-time paid members and volunteer members; or
(ii) only full-time paid members.
[Pre-1996 Recodification Citation: 13-6-2-10(b).]
As added by P.L.1-1996, SEC.15. Amended by P.L.33-2001, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 1. Purposes of Regional Districts › 13-26-1-1. Water Supply; Collection, Treatment, Disposal of Sewage, Solid Waste, and Refuse

Sec. 1. Any area may be established as a regional water, sewage, or solid waste district under this article for one (1) or more of the following purposes:
(1) To provide a water supply for domestic, industrial, and public use to users inside and outside the district.
(2) To provide for the collection, treatment, and disposal of sewage inside and outside the district.
(3) To provide for the collection, treatment, and disposal of solid waste and refuse inside and outside the district.
[Pre-1996 Recodification Citation: 13-3-2-2.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 1. Purposes of Regional Districts › 13-26-1-2. Petition to Increase Board of Trustees Membership, Add To, Modify, or Abandon Purposes or Plan

Sec. 2. (a) At any time after the creation of a district, the district, after motion by the district's board, may file a petition with the department requesting the approval of the department permitting the district to:
(1) increase or add to the district's purposes or modify the district plan approved by the department;
(2) abandon or surrender all or part of a purpose or plan approved by the department; or
(3) subject to IC 13-26-4-1, increase the number of persons serving on the board of trustees.
(b) The department may:
(1) approve;
(2) modify and approve; or
(3) reject;
a request received under this section.
[Pre-1996 Recodification Citation: 13-3-2-9.]
As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-1. Petitions to Organize District

Sec. 1. The establishment of a regional district may be initiated only by a petition filed with the department. A copy of the petition shall also be filed not later than ten (10) days after the filing with the department in the office of the executive of each governmental entity having territory within the proposed district.
[Pre-1996 Recodification Citation: 13-3-2-3(a).]
As added by P.L.1-1996, SEC.16. Amended by P.L.133-1997, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-2. Petitions; Filing

Sec. 2. (a) The petition may be filed by any representative of one (1) or more eligible entities involved after being authorized by the fiscal body of the petitioning eligible entity or entities included in the plan of the proposed district.
(b) If the proposed district includes:
(1) a state park or recreational area, forest land, or a reservoir; or
(2) land owned, leased, or controlled by the department of natural resources;
the petition may be joined or filed by any representative of that department after having been authorized by the natural resources commission, with the approval of the executive of the county containing the territory of the district.
[Pre-1996 Recodification Citation: 13-3-2-3(b).]
As added by P.L.1-1996, SEC.16. Amended by P.L.133-1997, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-2.5. Petitions; Notice

Sec. 2.5. (a) Before a representative may file a petition to establish a district, the representative must provide notice to all owners of property to be served by the proposed district that is the subject of the petition.
(b) Notice under subsection (a) must be provided as follows:
(1) Beginning at least thirty (30) days before the date on which a public meeting under subsection (c) is scheduled, by publication of notice for three (3) consecutive weeks:
(A) with each publication of notice:
(i) in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the proposed district; or
(ii) if there is only one (1) newspaper of general circulation in a county, a single publication in one (1) newspaper satisfies the requirement of this subdivision; or
(B) with the first publication of notice made in a newspaper or newspapers described in clause (A) and the two (2) subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of each county in the proposed district.
(2) Beginning at least fourteen (14) days before the date on which a public meeting under subsection (c) is scheduled, by:
(A) first class United States mail, postage prepaid, mailed to each freeholder within the proposed district; and
(B) broadcasting at least three (3) public service announcements each day for fourteen (14) days on at least two (2) radio stations operating in each of the counties, in whole or in part, in the proposed district.
(c) After providing notice under subsection (b), a representative that seeks to file a petition to establish a district must conduct a public meeting to discuss and receive comments on the proposed district.
(d) A representative may not file a petition to establish a district:
(1) more than one hundred eighty (180) or less than sixty (60) days after providing notice under subsection (b); or
(2) less than thirty (30) days after a meeting held under subsection (c).
As added by P.L.97-2012, SEC.4. Amended by P.L.292-2013, SEC.4; P.L.152-2021, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-3. Petitions; Contents

Sec. 3. A petition to establish a district under this chapter must state the following:
(1) The proposed name of the district.
(2) The place in which the district's principal office is to be located.
(3) The following information:
(A) The need for the proposed district.
(B) The purpose to be accomplished.
(C) How the district will be conducive to the public health, safety, convenience, or welfare, including a specific statement of how:
(i) water supply, for a water district;
(ii) sewage collection, disposal, and treatment, for a sewage district; or
(iii) solid waste disposal, recovery, or treatment, for a solid waste district;
is currently being provided.
(D) Whether there is any outstanding indebtedness for the purpose proposed in the proposed district, including a statement as to how the current situation creates or adds to pollution or health hazards or impedes development in the area.
(4) An accurate description of the territory to be included in the district, which does not have to be given by metes and bounds or by legal subdivisions. The territory does not have to be contiguous, but the territory must be so situated that the public health, safety, convenience, or welfare will be promoted by the establishment as a single district of the territory described.
(5) The petitioner's recommendations on:
(A) the manner of selection;
(B) the number; and
(C) the term, not exceeding four (4) years;
of the members of the board of trustees.
(6) The plan for financing the cost of the operations of the district until the district is in receipt of revenue from the district's operations or proceeds from the sale of bonds.
(7) Estimates of the following:
(A) The costs of accomplishing the purpose of the district.
(B) The costs of operating and maintaining the works.
(C) The sources of the funding of these costs.
(D) The rates and charges that will be required.
(E) The median income for households in the proposed district based on the most recent federal decennial census.
(8) A summary of alternatives to creating the district.
[Pre-1996 Recodification Citation: 13-3-2-3(c).]
As added by P.L.1-1996, SEC.16. Amended by P.L.97-2012, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-3.5. Petition Opposing Establishment of Proposed District

Sec. 3.5. Not more than one hundred eighty (180) days after the date a petition is filed with the department under section 1 of this chapter to establish a regional district, if another petition is filed with the department that is signed by a majority of the owners of property that would be served by the proposed district and indicating that the owners of the property are opposed to the establishment of the proposed district, the department shall declare that the petition filed under section 1 of this chapter to establish the regional district:
(1) is void; and
(2) is not a sufficient petition for purposes of section 5 of this chapter.
As added by P.L.292-2013, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-4. Petitions; Determination of Compliance

Sec. 4. Upon the filing of a petition to establish a district under this chapter, the department shall determine whether the petition complies with the requirements of this chapter as to form and content. The department:
(1) may not declare a petition void because of alleged defects; and
(2) may, in subsequent proceedings at any time, permit the petition to be amended in form or substance.
[Pre-1996 Recodification Citation: 13-3-2-3(d).]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-5. Petitions; Hearing Officer; Appointment

Sec. 5. Upon the determination of the department that a sufficient petition has been filed in accordance with this chapter, the commissioner shall appoint a hearing officer, who does not have to be a state employee. If the hearing officer is not a full-time state employee, the hearing officer is entitled to be paid reasonable:
(1) expenses; and
(2) per diem;
for each day or part of a day in actual attendance at a meeting or hearing or in performance of duties. The reasonable per diem and expenses are valid claims against the department.
[Pre-1996 Recodification Citation: 13-3-2-4.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-6. Notice and Hearing

Sec. 6. (a) Except as provided in section 9 of this chapter, the hearing officer shall fix a time and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter.
(b) The hearing officer shall make a reasonable effort to provide notice of the hearing as follows:
(1) By publication of notice two (2) times each week for two (2) consecutive weeks:
(A) with each notice:
(i) published in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the district; and
(ii) at a minimum, including a legal notice and a prominently displayed three (3) inches by five (5) inches advertisement; or
(B) with the first publication of notice in the newspapers described in clause (A) and all subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of each of the counties, in whole or in part, in the district.
(2) By United States mail sent at least two (2) weeks before the hearing to the following:
(A) The fiscal and executive bodies of each county with territory in the proposed district.
(B) The executive of all other eligible entities with territory in the proposed district, including the executive of a city or town that has:
(i) a municipal sewage works under IC 36-9-23; or
(ii) a public sanitation department under IC 36-9-25;
having extraterritorial jurisdiction within the boundaries of the area to be included in the proposed district.
(C) The state and any of its agencies owning, controlling, or leasing land within the proposed district, excluding highways and public thoroughfares owned or controlled by the Indiana department of transportation.
(D) Each sewage disposal company holding a certificate of territorial authority under IC 8-1-2-89 respecting territory in the proposed district.
(3) By making a reasonable effort to provide notice of the hearing by regular United States mail, postage prepaid, mailed at least two (2) weeks before the hearing to each freeholder within the proposed district.
(4) By including the date on which the hearing is to be held and a brief description of:
(A) the subject of the petition, including a description of the general boundaries of the area to be included in the proposed district; and
(B) the locations where copies of the petition are available for viewing.
[Pre-1996 Recodification Citation: 13-3-2-5(a) part.]
As added by P.L.1-1996, SEC.16. Amended by P.L.106-2000, SEC.1; P.L.1-2001, SEC.22; P.L.263-2013, SEC.7; P.L.165-2018, SEC.4; P.L.152-2021, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-7. Objection; Opportunity to Be Heard

Sec. 7. A person or an eligible entity that resides or lies in or partially resides or lies in an area affected by the establishment of a district:
(1) may, on or before the date set for the cause to be heard, file a written objection to the granting of the requests made in the petition; and
(2) may be heard at the hearing.
[Pre-1996 Recodification Citation: 13-3-2-5(a) part.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-8. Findings and Recommendations

Sec. 8. (a) After the hearing on the petition for the establishment of the proposed district, which may be adjourned periodically, the hearing officer shall make findings on the petition and other relevant facts and recommendations as to whether:
(1) the petition should be:
(A) approved;
(B) approved with modifications; or
(C) denied; and
(2) a district should be established.
(b) If the recommendation is in the affirmative, the recommendation must also include recommendations on:
(1) the manner of the selection or appointment;
(2) the number; and
(3) the terms;
of the board.
(c) The description of the territory to be included in a district may not include territory in a municipality that has, by ordinance or resolution filed with the department, exercised the option not to be included in the district.
[Pre-1996 Recodification Citation: 13-3-2-5(b).]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-9. Waiver of Notice and Hearing Requirement

Sec. 9. (a) If the department of natural resources has filed a petition, the commissioner may waive the requirement for notice and hearing provided in section 6 of this chapter.
(b) If the commissioner waives the notice and hearing requirement, the hearing officer shall give written notice in the manner provided under section 6(b)(2) or 6(b)(3) of this chapter. Each recipient of notice has thirty (30) days from the mailing of the notice within which to file objections or material with the hearing officer.
(c) The hearing officer shall then proceed to make findings and recommendations as provided in section 8 of this chapter, based upon any material:
(1) received by the hearing officer; or
(2) obtained at the hearing officer's discretion through the hearing officer's own investigation.
[Pre-1996 Recodification Citation: 13-3-2-6.]
As added by P.L.1-1996, SEC.16. Amended by P.L.263-2013, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-10. Order

Sec. 10. (a) If the commissioner determines that the findings show that the establishment of a recommended district:
(1) complies with the conditions of this chapter for establishment of a district; and
(2) appears capable of accomplishing the purpose or purposes in an economically feasible manner;
the commissioner shall issue an order directing that the district be established as an independent municipal corporation with a name and for the purposes designated in the order.
(b) An order must do the following:
(1) Provide for the selection or appointment and terms of offices, not to exceed four (4) years, of the board.
(2) Provide requirements for sufficient bond for all officers, trustees, or employees having power to dispense money of the district.
(3) If an eligible entity with territory in the district has a public water or solid waste sewer system, contain provisions protecting the investments of the entities and protecting the rights of the holders of bonds or other obligations issued to provide money for the system.
(4) Direct the district to file a detailed plan for the initial project of the district not later than nine (9) months after the date of the preliminary order or within a further time that the department from time to time orders.
[Pre-1996 Recodification Citation: 13-3-2-5(c), (e) part.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 2. Establishment of Regional Districts › 13-26-2-11. Order; Review

Sec. 11. An order for the establishment of a district is subject to review as provided in IC 4-21.5-5.
[Pre-1996 Recodification Citation: 13-3-2-5(e) part.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 3. Districts Established Under Prior Law › 13-26-3-1. Effect

Sec. 1. (a) A district established in accordance with IC 19-3-1 (before its repeal) as a special district for any purpose provided in:
(1) IC 13-3-2 (before its repeal); or
(2) this article;
is considered to be a district under this article.
(b) Orders of the court and acts of the board of directors are valid if permitted by this article. The district shall function as a district the same as if the district were established under this article.
[Pre-1996 Recodification Citation: 13-3-2-29.]
As added by P.L.1-1996, SEC.16. Amended by P.L.201-2023, SEC.143.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-1. Members

Sec. 1. The board of trustees of a district is the governing body of the district. A board may consist of:
(1) three (3);
(2) five (5);
(3) seven (7);
(4) nine (9);
(5) eleven (11); or
(6) thirteen (13);
trustees.
[Pre-1996 Recodification Citations: 13-3-2-1 part; 13-3-2-5(d) part.]
As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-2. Elections; Vacancies

Sec. 2. An order establishing a district may provide for the board to be elected by the voters in the district from districts or wards or from the district at large. Elections and provisions for filling vacancies must be in accordance with IC 3, with the commissioner or the commissioner's designees performing the functions of the election officials.
[Pre-1996 Recodification Citation: 13-3-2-5(d) part.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-3. Appointments

Sec. 3. Instead of electing the board, an order establishing a district may provide for appointments to the board by the elected executive or legislative officers of the eligible entities having territory in the district.
[Pre-1996 Recodification Citation: 13-3-2-5(d) part.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-4. Number of Trustees; Appointments by the Governor or Commissioner of the Department of Correction

Sec. 4. (a) If:
(1) a district will include territory in more than one (1) county;
(2) a county executive has filed a petition for a district including territory owned, leased, or controlled by the department of natural resources; or
(3) the department of natural resources has filed a petition;
the order establishing the district may provide that the governor appoints any number of trustees, but less than one-half (1/2) of the total.
(b) If a district contains or a proposed district will contain a state correctional facility, the department, when:
(1) issuing an order establishing the district under IC 13-26-2-10; or
(2) approving or modifying a petition filed by the district's board of trustees under IC 13-26-1-2;
may allow for the appointment of one (1) member of the board of trustees of the district by the commissioner of the department of correction.
[Pre-1996 Recodification Citation: 13-3-2-5(d) part.]
As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-5. Number of Trustees; Sewage Treatment in Cooperation With Municipality

Sec. 5. If a plan also contemplates that sewage treatment for the district will be provided in cooperation with a municipality, the order must provide that:
(1) at least one (1) trustee shall be appointed by the executive of the municipality; and
(2) at least:
(A) one (1) trustee shall be appointed by the fiscal body; and
(B) one (1) trustee shall be appointed by the executive;
of the county having the largest amount of territory in the district.
[Pre-1996 Recodification Citation: 13-3-2-5(d) part.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-6. Residency

Sec. 6. (a) Except as provided in subsection (b)(5), an appointed trustee does not have to be a resident of the district.
(b) An appointed trustee must:
(1) own real property within the district;
(2) be a trustee appointed under section 4 or 5 of this chapter;
(3) be an elected official who represents a political subdivision that has territory in the district;
(4) be a ratepayer of the district; or
(5) with respect to a district in which a majority of ratepayers and property owners are not individuals, be an individual who is registered to vote at an address that is located in the district.
[Pre-1996 Recodification Citation: 13-3-2-5(d) part.]
As added by P.L.1-1996, SEC.16. Amended by P.L.97-2012, SEC.6; P.L.179-2013, SEC.1; P.L.292-2013, SEC.6; P.L.211-2014, SEC.1; P.L.181-2018, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-6.1. Repealed

As added by P.L.97-2012, SEC.7. Amended by P.L.139-2012, SEC.4. Repealed by P.L.181-2018, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-7. Compensation and Expenses of Trustees

Sec. 7. (a) The board of a district may provide for the payment of not more than one hundred fifty dollars ($150) per day to members of the board for each day or major part of a day devoted to the work of the district.
(b) Members of the board are entitled to receive an amount for travel expenses equal to the amount paid to state employees for expenses incurred in the performance of their duties.
(c) Payments made to board members under subsections (a) and (b) shall be made from the general fund of the district.
[Pre-1996 Recodification Citation: 13-3-2-5.5.]
As added by P.L.1-1996, SEC.16. Amended by P.L.179-2013, SEC.2; P.L.113-2014, SEC.82; P.L.8-2023, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 4. Board of Trustees of Regional Districts › 13-26-4-8. Public Meetings or Hearings

Sec. 8. (a) When the board of a district conducts a public hearing or meeting, the board shall allow any person an opportunity to be heard:
(1) in the presence of others who are present to testify; and
(2) in accordance with subsection (b).
(b) The board may limit testimony at a public hearing or meeting to a reasonable time stated at the opening of the public hearing or meeting.
As added by P.L.97-2012, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-1. Prerequisites to Exercising Rights, Powers, and Duties

Sec. 1. Upon:
(1) the declaration of the commissioner organizing a district;
(2) the qualification of the board; and
(3) the election of a president, a treasurer, and a secretary;
the district may exercise in the district's own name, as a municipal corporation, all the rights, powers, and duties conferred upon the district by this article.
[Pre-1996 Recodification Citation: 13-3-2-10(a).]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-2.6. Large Parcel Exemption

Sec. 2.6. A district may not require the owner of a property described in section 2(8) of this chapter to connect to the district's sewer system if:
(1) the property is located on at least ten (10) acres;
(2) the owner can demonstrate the availability of at least two (2) areas on the property for the collection and treatment of sewage that will protect human health and the environment;
(3) the waste stream from the property is limited to domestic sewage from a residence or business;
(4) the system used to collect and treat the domestic sewage has a maximum design flow of seven hundred fifty (750) gallons per day; and
(5) the owner, at the owner's expense, obtains and provides to the district a certification from the local health department or the department's designee that the system is functioning satisfactorily.
As added by P.L.97-2012, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-3. Rules and Resolutions of Board; Legislative and Administrative Acts

Sec. 3. (a) The board may by rules and resolutions provide the following:
(1) The procedure for the board's actions.
(2) The manner of selection of the board's president, treasurer, and secretary and other officers or employees of the district, including the titles, terms of office, compensation, duties, number, and qualifications.
(3) Any other lawful subject necessary to the operation of the district and the exercise of the power granted.
(b) The board must adopt an ordinance by a majority vote to take action of a legislative nature. Proposed ordinances may be read by title only unless a trustee requests a reading in full.
(c) A majority of the board or the officers of the board or employees of the district that are authorized by the board may take action of an administrative or executive nature.
[Pre-1996 Recodification Citation: 13-3-2-11.]
As added by P.L.1-1996, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-4. Rules; Establishment and Enforcement

Sec. 4. (a) The board may adopt and enforce rules for the following purposes:
(1) To accomplish the purpose of a district.
(2) To protect the works, improvements, and properties, both real and personal, that the district owns.
(3) To secure the best results from the construction, operation, and maintenance of works, improvements, and properties.
(4) To prevent damage by the misuse of the works, improvements, or properties by:
(A) the pollution or misuse of the waters in the district or of the sewerage system; or
(B) the improper disposal of solid waste.
(b) The board may adopt and enforce rules under subsection (a) that are necessary and advisable to do the following:
(1) Protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of use by any person, and preserve order in and adjacent to the works.
(2) Prescribe the manner:
(A) in which ditches, sewers, pipelines, or other works should be adjusted to or connected with the works of the district; and
(B) of waste disposal in the district.
(3) Prescribe the permissible uses of the water supply and the manner of distribution and prevent the pollution or unnecessary waste of the water supply.
(4) Prohibit or regulate the discharge into the sewers of the district of liquid or solid waste detrimental to the works and improvements.
(c) Rules must be:
(1) consistent with:
(A) statutes; and
(B) the rules of the environmental rules board; and
(2) maintained and open to inspection in the office of the district.
(d) The board may enforce by injunction or other legal remedy rules adopted under this section. The board may remove a harmful or improper construction or obstruction or may close an opening or connection made improperly or in violation of the rules. A person that willfully fails to comply with the rules is liable for damage caused by the failure and for the cost of restoring or replacing construction damaged.
[Pre-1996 Recodification Citation: 13-3-2-12.]
As added by P.L.1-1996, SEC.16. Amended by P.L.113-2014, SEC.83.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-5. Contracts for Purchases of Supplies, Materials, or Labor

Sec. 5. The board or an officer or employee designated by the board may contract for the following:
(1) The purchase of supplies in accordance with IC 5-22.
(2) Labor for a work in accordance with IC 36-1-12.
[Pre-1996 Recodification Citation: 13-3-2-13.]
As added by P.L.1-1996, SEC.16. Amended by P.L.49-1997, SEC.48.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-6. Eminent Domain

Sec. 6. (a) Subject to subsections (b) and (c), the board may condemn for the use of the district public or private land, easements, rights, rights-of-way, franchises, or other property within or outside the district required by the district for the accomplishment of the district's purposes according to the statutory procedure for the appropriation of land or other property taken by an eligible entity.
(b) The power of condemnation by a district under this article may not be exercised against a sewage disposal company holding a certificate of territorial authority under IC 8-1-2-89 until the expiration of twelve (12) years after the granting of the certificate of territorial authority.
(c) If the board of a regional sewage district exercises eminent domain to acquire an easement or right-of-way within or outside the district required by the district for the accomplishment of the district's purposes, the easement or right-of-way may not exceed fifty (50) feet in width.
[Pre-1996 Recodification Citation: 13-3-2-14.]
As added by P.L.1-1996, SEC.16. Amended by P.L.123-2011, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-6.5. Notice; Proposed Extension of Service

Sec. 6.5. A district that intends to extend service within its territory shall provide notice to all owners of property to be served by the proposed extension of service in the following manner not later than sixty (60) days from the date of the decision to extend service:
(1) By publication one (1) time each week for three (3) consecutive weeks:
(A) with each publication of notice:
(i) in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, of the district affected by the proposed extension of service; or
(ii) if there is only one (1) newspaper of general circulation in a county, a single publication satisfies the requirement of this subdivision; or
(B) with the first publication of notice made in a newspaper or newspapers described in clause (A) and the two (2) subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the district.
(2) By United States mail, postage prepaid, mailed to each freeholder within the territory to which the district proposes to extend service.
As added by P.L.292-2013, SEC.8. Amended by P.L.152-2021, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-7. Contracts for Water Supply, Sewage Treatment, or Solid Waste Disposition; Issuance of Bonds

Sec. 7. (a) Exclusive of building a sewage treatment plant, solid waste disposal or recovery system, or installing a supply of water, a district that desires to own, acquire, construct, equip, improve, enlarge, extend, operate, and maintain a works may proceed under this article if the district first contracts for:
(1) a supply of water;
(2) the required treatment of the sewage emanating from the district's works; or
(3) the disposition of solid waste generated within the district.
(b) A governmental or private body owning and operating facilities for water supply, sewage, or solid waste disposal, recovery, or treatment may contract to supply water or treat all or part of the sewage and solid waste of a district. The contracts must be authorized by ordinance.
(c) All bonds issued under this article or IC 13-3-2 (before its repeal) by a district contracting for:
(1) water supply;
(2) sewage or solid waste disposal; or
(3) recovery treatment service;
under this section are payable before the expiration date of the contract, and districts may contract for the term of the bonds, including a term or terms beyond the last maturity of the bonds.
[Pre-1996 Recodification Citation: 13-3-2-15.]
As added by P.L.1-1996, SEC.16. Amended by P.L.200-2017, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-8. Limitations on Contracts

Sec. 8. A district may make contracts or incur obligations only if the contracts or obligations are payable solely from:
(1) the money provided under this article; or
(2) federal, state, or other grants or contributions.
[Pre-1996 Recodification Citation: 13-3-2-16(a) part.]
As added by P.L.1-1996, SEC.16.