reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 5. Powers and Duties of Regional Districts › 13-26-5-9. Disbursal of Money for District Purposes; Electronic Funds Transfers; Advance Claim Payments; Board Preapproval and Review Required

Sec. 9. (a) As used in this section, "electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, a telephone, a computer, magnetic tape, or other electronic means to order, instruct, or authorize a financial institution to debit or credit an account.
(b) A board may adopt an ordinance allowing money to be disbursed for lawful district purposes under this section.
(c) As part of an ordinance adopted under subsection (b), or by a separate ordinance adopted by the board, the board may authorize the district to do one (1) or both of the following through an electronic funds transfer method of payment:
(1) Pay claims owed by the district.
(2) Receive payments owed to the district.
If the board adopts an ordinance to grant the district the authority described in subdivision (1), the district may pay money from its funds by electronic funds transfer. However, the authority granted to a district by this subsection does not affect the rights, liabilities, or responsibilities of participants in an electronic fund transfer under the federal Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.), and a regional district that pays a claim by electronic funds transfer shall comply with all other requirements for the payment of claims by the regional district.
(d) Notwithstanding IC 5-11-10, with the prior written approval of the board, the fiscal officer of the district may make claim payments in advance of board allowance for the following kinds of expenses if the board has adopted an ordinance under subsection (b):
(1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions.
(2) License or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) General grant programs for which advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance or service agreements.
(8) Leases or rental agreements.
(9) Bond or coupon payments.
(10) Payroll.
(11) State or federal taxes.
(12) Expenses that must be paid because of emergency circumstances.
(13) Expenses described in an ordinance.
(e) Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the fiscal officer of the district.
(f) The board shall review and allow a claim paid under subsection (d) at the board's next regular or special meeting following the preapproved payment of the expense.
As added by P.L.78-2009, SEC.20. Amended by P.L.71-2011, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 6. District Plan › 13-26-6-1. Contents

Sec. 1. A district plan for the operation of the district must include:
(1) engineering reports;
(2) plans and specifications; and
(3) a feasibility study in a form that the department requires.
[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 6. District Plan › 13-26-6-2. Approval; Authorization to Proceed

Sec. 2. If the department approves a district plan, the department shall authorize the district to proceed.
[Pre-1996 Recodification Citation: 13-3-2-5(f).]
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 6. District Plan › 13-26-6-3. Denial; Revisions

Sec. 3. If the department disapproves a district plan, the department may recommend revisions and authorize the district to proceed with a revised plan.
[Pre-1996 Recodification Citation: 13-3-2-5(g) 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 6. District Plan › 13-26-6-4. Dissolution of District; Distribution of Assets

Sec. 4. If:
(1) the department determines that the project or operation of the district is not economically feasible, fair, or reasonable; or
(2) the district fails to file a plan for the operation of the district within the time prescribed by the department;
the department may declare the district dissolved and enter an order for the distribution of all assets owned by the district after the payment of liabilities.
[Pre-1996 Recodification Citation: 13-3-2-5(g) 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 7. Payment of District Expenses › 13-26-7-1. Records

Sec. 1. Each district must keep proper records showing the district's finances.
[Pre-1996 Recodification Citation: 13-3-2-5(h) 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 7. Payment of District Expenses › 13-26-7-2. Advancement of Money

Sec. 2. A local, state, or federal agency or person may advance or give a district money to be used by the district for the following purposes:
(1) The preparation of a plan for the operation of the district.
(2) Other purposes of the district until the district is in receipt of revenue from its operations or proceeds from the sale of bonds.
[Pre-1996 Recodification Citation: 13-3-2-5(h) 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 7. Payment of District Expenses › 13-26-7-3. Repayment of Money

Sec. 3. When a district receives revenue for its operations or proceeds from the sale of bonds, the district shall repay any money advanced to the advancing agency in the manner agreed.
[Pre-1996 Recodification Citation: 13-3-2-5(h) 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 7. Payment of District Expenses › 13-26-7-4. Dissolution of District; Interest in Assets; Limitations

Sec. 4. If the commissioner orders a district dissolved as permitted in IC 13-26-6-4, the interest an entity has in the assets of the district is limited to those assets remaining after the payment of all other liabilities of the district.
[Pre-1996 Recodification Citation: 13-3-2-5(h) 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 7. Payment of District Expenses › 13-26-7-5. Service Areas; Loans

Sec. 5. (a) This section does not apply to any part of a district:
(1) that is not receiving services from the district; or
(2) in which services of the district are not available;
at the time of the occurrence of any event described in subsection (b)(1) or (b)(2).
(b) The services in those parts of a district in which they are provided or made available by the district shall not be curtailed or limited by:
(1) the inclusion of all or any part of the district's territory, by annexation or otherwise, within the boundaries of:
(A) any municipality; or
(B) the service territory of another entity that provides or seeks to provide the same services provided by the district; or
(2) the granting of any private franchise to provide the same services within all or any part of the district's territory;
during the term of any loan under which the district is obligated, regardless of whether the loan is made by a federal agency or by any other public or private lender.
(c) The occurrence of any event described in subsection (b)(1) or (b)(2) does not require a district to secure any franchise, license, or permit as a condition to continuing to provide service to any part of the district's territory served by the district at the time of the occurrence of the event.
As added by P.L.27-2022, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 8. Addition of Territory to Regional Districts › 13-26-8-1. Applications by Eligible Entities to Be Included in District; Procedure

Sec. 1. After the establishment of a district, an eligible entity whose territory is not wholly included within the district may file an application with the district setting forth the following:
(1) A general description of the territory the eligible entity desires to have included in the district.
(2) The necessity for the inclusion of the territory in the district.
(3) That inclusion of the territory in the district will be conducive to the public health, safety, convenience, or welfare.
(4) That it will be practical and feasible for the territory to be included in the district.
[Pre-1996 Recodification Citation: 13-3-2-8(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 8. Addition of Territory to Regional Districts › 13-26-8-2. Approval of Application

Sec. 2. If an application is approved by a majority of the board, the territory described in the application becomes part of the district. The district shall then notify the department of the inclusion of the additional territory in the district.
[Pre-1996 Recodification Citation: 13-3-2-8(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 8. Addition of Territory to Regional Districts › 13-26-8-3. Denial of Application; Petition; Procedure

Sec. 3. (a) If an application fails to receive the approval of a majority of the board not later than sixty (60) days after the filing of the application with the district, the entity filing the application may file a petition with the department as described in IC 13-26-2 requesting the order of the department to include the territory described in the application within the district.
(b) Upon the filing of a petition, the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.
[Pre-1996 Recodification Citation: 13-3-2-8(c).]
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 8. Addition of Territory to Regional Districts › 13-26-8-4. Addition of Territory to Regional Sewage or Solid Waste District Other Than at Request of Eligible Entity

Sec. 4. (a) This section applies to the addition of territory to a regional sewage or solid waste district other than at the request of an eligible entity described in section 1 of this chapter. This section does not apply to a regional water district.
(b) To add territory to a district already established, the board of the district must file with the department a motion adopted by the board requesting the addition of territory to the district. If the motion is for the addition of territory to a regional sewage district, the board, not later than ten (10) days after filing the motion with the department, must also file a copy of the motion in the office of:
(1) the executive of each governmental entity having territory within the territory proposed to be added to the regional sewage district; and
(2) the executive of a city or town having:
(A) a municipal sewage works under IC 36-9-23; or
(B) a public sanitation department under IC 36-9-25;
if the territory proposed to be added to the regional sewage district includes territory within the extraterritorial jurisdiction of the municipal sewage works or public sanitation department.
(c) Except as provided under subsections (d) and (e), if a motion is filed with the department under subsection (b):
(1) the same procedure must be used to add territory to the district as is provided for the establishment of a district under IC 13-26-2; and
(2) the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.
(d) Not more than one hundred eighty (180) days after the date a motion is filed with the department under subsection (b) to add territory to a district already established, if a petition is filed with the department that is signed by a majority of the freeholders within the area proposed to be added and indicating that the freeholders are opposed to the addition of the area by the district:
(1) the department may not proceed under subsection (c); and
(2) the territory may not be added to the district.
(e) For purposes of subsection (c):
(1) the commissioner is not required to appoint a hearing officer under IC 13-26-2-5;
(2) the board shall:
(A) provide the notice of; and
(B) conduct;
the hearing required under IC 13-26-2-6; and
(3) instead of making findings and recommendations under IC 13-26-2-8, the board shall submit documentary evidence to the commissioner to prove the:
(A) notice was provided; and
(B) hearing was conducted;
by the board as required under subdivision (2).
As added by P.L.123-2011, SEC.3. Amended by P.L.292-2013, SEC.9; P.L.165-2018, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 9. Territorial Authority of Sewage Disposal Companies › 13-26-9-1. Effect of Chapter

Sec. 1. This article does not limit the following:
(1) The formation and operation under IC 8-1-2-89 of a sewage disposal company to provide sewage disposal service to a territory lying in the territory of a district.
(2) The granting of a certificate of territorial authority under IC 8-1-2-89 encompassing a part of the territory within the district.
[Pre-1996 Recodification Citation: 13-3-2-7(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 9. Territorial Authority of Sewage Disposal Companies › 13-26-9-2. Certificates; Conditions

Sec. 2. The granting of a certificate of territorial authority to a sewage disposal company under IC 8-1-2-89 for a territory lying in the territory of a district may be conditioned upon the following requirements:
(1) That the sewage disposal company connect the company's collection system to the collection system of a district when the district has extended to within three hundred (300) feet of the territorial area of the sewage disposal company a system sufficient to provide reasonable and adequate service to the territorial area.
(2) That the sewage disposal company contribute the company's collection system to the district instead of all connection charges that could otherwise be imposed under this article upon:
(A) the sewage disposal company; or
(B) those parcels and lots served by the collection system of the sewage disposal company that have been contributed by the company to the district.
[Pre-1996 Recodification Citation: 13-3-2-7(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 9. Territorial Authority of Sewage Disposal Companies › 13-26-9-3. Exemption From Certain Ordinances and Rules

Sec. 3. A sewage disposal company that is subject to the jurisdiction of the Indiana utility regulatory commission under IC 8-1-2-89, and all of the territory lying in the area to which the company holds a certificate of territorial authority, is exempt from all ordinances and rules adopted by the board, except those ordinances and rules pertaining to maintenance and operation, until:
(1) the connection is made to the sewerage system of the district; and
(2) the district begins to provide service within the area covered by the certificate of territorial authority.
[Pre-1996 Recodification Citation: 13-3-2-7(c).]
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 10. Bonds › 13-26-10-1. Issuance of Revenue Bonds

Sec. 1. A district may obtain money for the payment of the costs of the works or an improvement, enlargement, or extension of the works by the issuance of revenue bonds of the district. The principal and interest of the revenue bonds must be paid solely from the net revenues of the works.
[Pre-1996 Recodification Citation: 13-3-2-16(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 10. Bonds › 13-26-10-2. Loans From Federal Government

Sec. 2. A district obtaining a loan from the federal government or an agency of the federal government may issue obligations under this article to the federal government or agency to evidence the indebtedness without advertising for or receiving bids. The obligations:
(1) are payable solely from the net revenues of the works; and
(2) may be made of equal priority or subordinate to other revenue bonds issued or to be issued under this article or IC 13-3-2 (before its repeal).
[Pre-1996 Recodification Citation: 13-3-2-16(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 10. Bonds › 13-26-10-3. Revenue Bonds

Sec. 3. Revenue bonds may:
(1) bear interest, at a rate or rates not exceeding the maximum determined by the board, that is payable or accretes as determined by the board;
(2) mature at a time or times to be determined by ordinance; and
(3) be made redeemable before maturity at the option of the district, to be exercised by the board, at not more than the par value and a premium not exceeding five percent (5%) under terms and conditions that are fixed by the ordinance authorizing the issuance of the bonds.
[Pre-1996 Recodification Citation: 13-3-2-17(a).]
As added by P.L.1-1996, SEC.16. Amended by P.L.53-2004, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 10. Bonds › 13-26-10-4. Revenue Bonds; Principal and Interest

Sec. 4. The principal and interest of revenue bonds may be made payable in any lawful medium. The ordinance must do the following:
(1) Determine the form of the bonds, including the interest coupons, if any, to be attached.
(2) Fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be any bank or trust company within or outside Indiana.
[Pre-1996 Recodification Citation: 13-3-2-17(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 10. Bonds › 13-26-10-5. Revenue Bonds; Terms

Sec. 5. (a) The revenue bonds must contain a statement on the face of the bonds that the district is not obligated to pay the bonds or the interest on the bonds except from the special fund provided from the net revenues of the works.
(b) All bonds are negotiable instruments.
(c) The bonds and interest are exempt from all state, county, and municipal taxation.
(d) The bonds may be registered in the name of the owner:
(1) as to principal alone; or
(2) as to both principal and interest.
Fully registered bonds may be made convertible to coupon bonds at the option of the registered owner.
[Pre-1996 Recodification Citation: 13-3-2-17(c) 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 10. Bonds › 13-26-10-6. Execution and Attestation of Bonds

Sec. 6. The:
(1) president of the board shall execute; and
(2) secretary of the board shall attest;
the bonds and coupons. The coupons must bear facsimile signature.
[Pre-1996 Recodification Citation: 13-3-2-17(c) 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 10. Bonds › 13-26-10-7. Revenue Bonds; Sale Procedure

Sec. 7. (a) Subject to subsection (b), the treasurer of the district shall sell the revenue bonds in a manner and at a price that is determined to be in the best interests of the district.
(b) If the bonds are sold at public sale, the bonds shall be sold in accordance with IC 5-1-11 as IC 5-1-11 applies to counties.
[Pre-1996 Recodification Citation: 13-3-2-17(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 10. Bonds › 13-26-10-8. Revenue Bonds; Disposition of Proceeds

Sec. 8. (a) A surplus of revenue bond proceeds over the cost of the works shall be paid into the sinking fund provided by this article.
(b) If the proceeds of the bonds, by error of calculation or otherwise, are less than the cost of the works, additional bonds may in the same manner be issued to provide the amount of the deficit. Unless otherwise provided in:
(1) the ordinance authorizing the issuance of the bonds first issued; or
(2) the trust indenture authorized by this article or IC 13-3-2 (before its repeal);
the additional bonds are considered to be of the same issue and are entitled to payment from the same fund, without preference or priority of the bonds first issued.
[Pre-1996 Recodification Citation: 13-3-2-17(e).]
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 10. Bonds › 13-26-10-9. Temporary Revenue Bonds

Sec. 9. Before the preparation of the definite revenue bonds, temporary revenue bonds under the same restrictions may be issued with or without coupons, exchangeable for definite revenue bonds upon the issuance of the latter.
[Pre-1996 Recodification Citation: 13-3-2-17(f) 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 10. Bonds › 13-26-10-10. Loans From Federal or State Agency

Sec. 10. The fund to finance the construction of any of the self-liquidating works authorized by this article may be obtained from a federal or state agency.
[Pre-1996 Recodification Citation: 13-3-2-17(f) 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 10. Bonds › 13-26-10-11. Action to Contest Validity of Bonds

Sec. 11. An action to contest the validity of bonds issued under this article or IC 13-3-2 (before its repeal) must be brought not later than ten (10) days after the advertised sale date of the bonds.
[Pre-1996 Recodification Citation: 13-3-2-17(f) 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 10. Bonds › 13-26-10-12. Issuance of Additional Bonds

Sec. 12. Subject to an ordinance or trust indenture pertaining to outstanding bonds, additional bonds payable from the revenues of the works may be authorized and issued in accordance with this article for the purpose of improving, enlarging, or extending works acquired or constructed under this article or IC 13-3-2 (before its repeal).
[Pre-1996 Recodification Citation: 13-3-2-18.]
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 10. Bonds › 13-26-10-13. Trust Indenture to Secure Bonds

Sec. 13. The board may secure the revenue bonds by a trust indenture by and between the district and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside Indiana. However, a trust indenture may not convey or mortgage all or any part of the works.
[Pre-1996 Recodification Citation: 13-3-2-19(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 10. Bonds › 13-26-10-14. Contents of Ordinance Authorizing Revenue Bonds

Sec. 14. The ordinance authorizing the revenue bonds and fixing the details of the revenue bonds may provide that the trust indenture contain reasonable and lawful provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the district and the board in relation to the following:
(1) The construction or acquisition of the works.
(2) The improvement, operation, repair, and maintenance of the works.
(3) The issuance of bonds, including the custody, safeguarding, and application of all money.
[Pre-1996 Recodification Citation: 13-3-2-19(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 10. Bonds › 13-26-10-15. Ordinance Authorizing Revenue Bonds

Sec. 15. The ordinance may also provide that the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the board and satisfactory to the original bond purchasers, successors, assigns, or nominees. The original bond purchasers, successors, assigns, or nominees may be given the right to require that the security given by:
(1) contractors; and
(2) any depository of the proceeds of bonds or revenues of the works or other money pertaining to the works;
be satisfactory to the purchasers, successors, assigns, or nominees.
[Pre-1996 Recodification Citation: 13-3-2-19(c).]
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 10. Bonds › 13-26-10-16. Trust Indenture; Rights and Remedies of Bondholder and Trustee

Sec. 16. The trust indenture may set forth the rights and remedies of the bondholders or trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.
[Pre-1996 Recodification Citation: 13-3-2-19(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 10. Bonds › 13-26-10-17. Payment of Bond Sale Proceeds and Revenue of Works

Sec. 17. Unless this article otherwise provides, the board may provide by ordinance or in the trust indenture for the payment of:
(1) the proceeds of the sale of the bonds; and
(2) the revenues of the works;
to the officer, board, or depository that the board determines for the custody of the money and for the method of disbursement, with safeguards and restrictions that the board determines.
[Pre-1996 Recodification Citation: 13-3-2-19(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 10. Bonds › 13-26-10-18. Sinking Fund for Payment of Bonds

Sec. 18. (a) At or before the time of issuance of the revenue bonds, the board shall by ordinance create a sinking fund for the payment of the following:
(1) The bonds.
(2) The interest on the bonds.
(3) The charges of banks or trust companies for making payment of the bonds or interest.
(b) The board shall set aside and pledge the net revenues of the works remaining after the payment of the reasonable expense of operation, repair, and maintenance of the works for payment of the:
(1) principal of and interest on all bonds payable from the revenues of the works, to the extent necessary for that purpose; and
(2) necessary fiscal agency charges for paying the principal and interest of the bonds.
(c) The ordinance may also provide for the accumulation of reasonable reserves in the sinking fund:
(1) as a margin for safety and a protection against default; and
(2) for the payment of premiums upon bonds retired by call or purchase as provided by this article.
[Pre-1996 Recodification Citation: 13-3-2-20.]
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 10. Bonds › 13-26-10-19. Rights of Revenue Bondholders

Sec. 19. (a) The holder of revenue bonds or attached coupons and the trustee, if any, except to the extent the rights given may be restricted by the ordinance authorizing issuance of the bonds or by the trust indenture, may, by civil action, protect and enforce rights granted:
(1) by this article or IC 13-3-2 (before its repeal); or
(2) under the ordinance or trust indenture;
to be performed by the district issuing the bonds or by the board or any officer, including the making and collecting of reasonable and sufficient charges and rates for services provided by the works.
(b) If there is failure to pay the principal or interest on any of the revenue bonds on the date named for payment, and upon application by a bondholder or a trustee, any court having jurisdiction to appoint receivers shall appoint a receiver to administer the works on behalf of the district and the bondholders or trustee. A receiver may do the following:
(1) Charge and collect rates sufficient to provide for the payment of the expenses of operation, repair, and maintenance.
(2) Pay any revenue bonds and interest outstanding.
(3) Apply the revenues in conformity with this article and the ordinance or trust indenture.
[Pre-1996 Recodification Citation: 13-3-2-21.]
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 11. Rates and Charges › 13-26-11-1. Waterworks

Sec. 1. The rates and charges for a waterworks may be determined based on the following:
(1) A flat charge for each connection.
(2) The amount of water consumed.
(3) The size of the meter or connection.
(4) Whether the property served has been or will be required to pay separately for the cost of any of the facilities of the works.
(5) A combination of these or other factors that the board determines is necessary to establish just and equitable rates and charges.
[Pre-1996 Recodification Citation: 13-3-2-22(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 11. Rates and Charges › 13-26-11-3. Solid Waste Disposal

Sec. 3. The rates or charges for solid waste disposal and recovery systems may be determined based on the following:
(1) A flat charge for each residence or building in use in the district.
(2) On the weight of the refuse received.
(3) On the hazardous character of the waste received.
(4) On a combination of the weight and hazardous character of the waste received.
[Pre-1996 Recodification Citation: 13-3-2-22(c).]
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 11. Rates and Charges › 13-26-11-4. Services of Water, Sewer, or Solid Waste Disposal

Sec. 4. The rates and charges for services of a water, sewer, or solid waste disposal or recovery system do not have to be uniform throughout the district or for all users. The board may exercise reasonable discretion in:
(1) adopting different schedules of rates and charges; or
(2) making classifications in schedules of rates and charges:
(A) based upon variations in the costs of furnishing the services, including capital expenditures required, to various classes of users or to various locations in the district; or
(B) where there are variations in the number of users in various locations in the district.
[Pre-1996 Recodification Citation: 13-3-2-22(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 11. Rates and Charges › 13-26-11-5. Billing and Collection

Sec. 5. A district may bill and collect rates and charges for the services to be provided after the contract for construction of a sewage works has been let and actual work commenced in an amount sufficient to meet the interest on the revenue bonds and other expenses payable before the completion of the works.
[Pre-1996 Recodification Citation: 13-3-2-23(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 11. Rates and Charges › 13-26-11-6. Sewage Works Beneficial to Lots, Land, or Buildings

Sec. 6. Unless the board finds and directs otherwise, the sewage works are considered to benefit every:
(1) lot;
(2) parcel of land; or
(3) building;
connected or to be connected under the terms of an ordinance requiring connections with the sewer system of the district as a result of construction work under the contract. The rates or charges shall be billed and collected accordingly.
[Pre-1996 Recodification Citation: 13-3-2-23(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 11. Rates and Charges › 13-26-11-7. Connection Charges; Liens

Sec. 7. (a) If a district constructs sewers or water mains as a part of the construction of the works that are suitable for use as a local or lateral sewer or main by abutting or adjoining property, the district may charge for the connection on the basis of the pro rata cost of construction of a local or lateral sewer or water main sufficient to serve the property.
(b) Each property owner must agree to pay for the connection in making an application for service. If payment is not made as agreed, the payment constitutes a lien on the property for which the connection is made.
(c) The proceeds of the connection charges may be handled as:
(1) net revenues of the works; or
(2) payments toward the cost of construction or future improvements.
[Pre-1996 Recodification Citation: 13-3-2-24.]
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 11. Rates and Charges › 13-26-11-8. Rates and Charges

Sec. 8. (a) The board shall, by ordinance, establish just and equitable rates or charges for the use of and the service provided by a works. The rates or charges are payable by the owner of each lot, parcel of land, or building that:
(1) is connected with and uses a works; or
(2) in any way uses or is served by a works.
(b) Subject to section 15 of this chapter, the board may periodically change and readjust the rates or charges as provided in this article.
[Pre-1996 Recodification Citation: 13-3-2-25(a).]
As added by P.L.1-1996, SEC.16. Amended by P.L.221-2007, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 11. Rates and Charges › 13-26-11-9. Just and Equitable Rates and Charges; Rates and Charges Unlawful if Too Low; When Initial Rates and Charges Are Prima Facie Just and Equitable; District Authority Examination

Sec. 9. (a) Just and equitable rates and charges are those that:
(1) produce sufficient revenue to pay all expenses incident to the operation of the works, including maintenance cost, operating charges, upkeep, repairs, and interest charges on bonds or other obligations;
(2) produce sufficient revenue to provide the sinking fund for the liquidation of bonds or other evidence of indebtedness and reserves against default in the payment of interest and principal of bonds;
(3) produce sufficient revenue to provide adequate money to be used as working capital, as well as money for making improvements, additions, extensions, and replacements; and
(4) give due consideration to the interests of the ratepayers.
(b) Rates and charges too low to meet the financial requirements described in subsection (a) are unlawful. The initial rates and charges established after notice and hearing under this article are prima facie just and equitable.
(c) Nothing in this section shall prohibit a district authority from examining the methodology or process by which rates and charges were derived.
[Pre-1996 Recodification Citation: 13-3-2-25(b).]
As added by P.L.1-1996, SEC.16. Amended by P.L.112-2016, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 11. Rates and Charges › 13-26-11-10. Revenue of Works

Sec. 10. Revenue collected under sections 8 through 14 of this chapter is revenue of the works.
[Pre-1996 Recodification Citation: 13-3-2-25(c) 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 11. Rates and Charges › 13-26-11-11. Public Hearing

Sec. 11. The initial rates or charges may be established only after a public hearing at which all:
(1) the users of the works and owners of property served or to be served; and
(2) others interested;
have an opportunity to be heard concerning the proposed rates or charges.
[Pre-1996 Recodification Citation: 13-3-2-25(c) 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 11. Rates and Charges › 13-26-11-12. Notice

Sec. 12. After introduction of the ordinance initially fixing rates or charges but before the ordinance is finally adopted, notice of the hearing setting forth the proposed schedule of the rates or charges must be given by publication one (1) time each week for two (2) weeks:
(1) with each publication of notice in a newspaper of general circulation in each of the counties with territory in the district; or
(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the district.
The last publication must be at least seven (7) days before the date fixed in the notice for the hearing. The hearing may be adjourned as necessary.
[Pre-1996 Recodification Citation: 13-3-2-25(d).]
As added by P.L.1-1996, SEC.16. Amended by P.L.152-2021, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 11. Rates and Charges › 13-26-11-14. Extension of Rates and Charges to Cover Additional Premises; Changes or Readjustments

Sec. 14. (a) The rates or charges established for a class of users of property served shall be extended to cover any additional premises served after the rates or charges are established that are in the same class, without the necessity of hearing or notice.
(b) Subject to section 15 of this chapter, a change or readjustment of the rates or charges may be made in the same manner as the rates or charges were originally established.
[Pre-1996 Recodification Citation: 13-3-2-25(f).]
As added by P.L.1-1996, SEC.16. Amended by P.L.221-2007, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 12. Repealed

[Pre-1996 Recodification Citations:
13-26-12-1formerly 13-3-2-26(a)13-26-12-2formerly 13-3-2-26(b)13-26-12-3formerly 13-3-2-26(c)13-26-12-4formerly 13-3-2-26(d)13-26-12-5formerly 13-3-2-26(e)13-26-12-6formerly 13-3-2-26(f)13-26-12-7formerly 13-3-2-26(g).]
Repealed by P.L.131-2005, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 13. Repealed

[Pre-1996 Recodification Citations:
13-26-13-1formerly13-3-2-27(a)13-26-13-2formerly13-3-2-27(b) part13-26-13-3formerly13-3-2-27(b) part13-26-13-4formerly13-3-2-27(c)13-26-13-5formerly13-3-2-27(d)13-26-13-6formerly13-3-2-27(e)13-26-13-7formerly13-3-2-27(f)13-26-13-8formerly13-3-2-27(g)13-26-13-9formerly13-3-2-27(h)13-26-13-10formerly13-3-2-27(i)13-26-13-11formerly13-3-2-27(j).]
Repealed by P.L.131-2005, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 26. Regional Water, Sewage, and Solid Waste Districts › Chapter 14. Foreclosure of Liens › 13-26-14-1. Additional or Alternative Remedy for Collection of Rates or Charges

Sec. 1. A district may, as an additional or alternative remedy, foreclose a lien established by this article as a means of collection of rates or charges, including the penalty on the rates or charges.
[Pre-1996 Recodification Citation: 13-3-2-28(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 14. Foreclosure of Liens › 13-26-14-2. Recovery by District

Sec. 2. (a) In all actions brought to foreclose the liens, the district is entitled to recover the following:
(1) The amount of the rates or charges.
(2) The penalty on the rates or charges.
(3) A reasonable attorney's fee.
(b) The court shall order that the sale be made without relief from valuation or appraisement statutes.
[Pre-1996 Recodification Citation: 13-3-2-28(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 14. Foreclosure of Liens › 13-26-14-3. Applicability of Other Rights and Laws

Sec. 3. Except as otherwise provided by this article, in all actions to foreclose the liens:
(1) the laws concerning municipal public improvement assessments; and
(2) the rights, remedies, procedure, and relief granted the parties to the action;
apply.
[Pre-1996 Recodification Citation: 13-3-2-28(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 14. Foreclosure of Liens › 13-26-14-4. Liens for Unpaid Rates, Fees, or Charges

Sec. 4. Rates, fees, or charges made, assessed, or established by the district are a lien, in the same manner established under IC 36-9-23 for municipal sewage works, on a lot, parcel of land, or building that is connected with or uses the works of the district. Liens under this chapter:
(1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonable attorney's fees on recovery; and
(4) shall be collected and enforced;
in substantially the same manner as provided in IC 36-9-23-31 through IC 36-9-23-34. A lien under this chapter that is the only lien on a property may not be foreclosed.
As added by P.L.131-2005, SEC.4. Amended by P.L.71-2011, SEC.3; P.L.97-2012, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 1. Repealed

[Pre-1996 Recodification Citations:
13-27-1-1formerly 13-9-1.1-1(a)13-27-1-2formerly 13-9-1.1-1(b).]
Repealed by P.L.124-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-1. Establishment

Sec. 1. A division of pollution prevention is established within the department.
[Pre-1996 Recodification Citation: 13-9-2-1(b).]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-2. Assistant Commissioner; Appointment

Sec. 2. The commissioner shall appoint an assistant commissioner to head the division.
[Pre-1996 Recodification Citation: 13-9-2-2.]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-3. Employees; Hiring

Sec. 3. The commissioner shall hire employees of the division.
[Pre-1996 Recodification Citation: 13-9-2-3.]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-4. Liaison Advisory Panels; Appointment; Reimbursement for Expenses

Sec. 4. (a) The commissioner may appoint liaison advisory panels to assist the division in the functions of the division. Individual panels must include members representing different areas of interest in and potential support of pollution prevention and environmentally related technical assistance, including the following:
(1) Industry.
(2) Education.
(3) Environmental and public interest groups.
(4) State government.
(5) Local government officials associated with state programs for pollution prevention.
(6) Organized labor.
(b) A member of a liaison advisory panel is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
[Pre-1996 Recodification Citation: 13-9-2-4.]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-5. Duties of Commissioner and Assistant Commissioner

Sec. 5. The commissioner and the assistant commissioner, through coordinated effort, shall do the following:
(1) Periodically review state environmental programs and projects for their ability and progress in promoting multimedia industrial pollution prevention.
(2) Assist the division of air, the division of water, and the division of solid and hazardous waste management in identifying, within planned and existing regulatory programs of the department, obstacles to pollution prevention and opportunities to promote and assist in pollution prevention, including the following:
(A) Encouraging regulatory flexibility to afford businesses the opportunity to develop or implement pollution prevention technologies and practices.
(B) Performing pollution prevention impact analyses of administrative rules before proposed rules are published and before final adoption.
(C) Exploring permanent funding for the program.
(3) Promote increased coordination between the divisions of the department and between the department and other governmental regulatory programs with responsibilities and duties relating to toxic materials and environmental wastes, including, to the fullest extent possible, the following:
(A) Joint planning processes.
(B) Joint research and studies.
(C) Joint public hearings.
(D) Joint hazard assessments.
(E) Joint environmental and workplace impact statements.
(F) Joint pollution prevention impact analyses for existing and proposed administrative rules.
(4) Develop policies and programs to reduce the following by means of industrial pollution prevention:
(A) Generation of municipal wastes.
(B) Generation of household hazardous wastes and pollutants.
(C) Use of toxic materials in consumer products.
(5) Provide general information about, and actively publicize the advantages of and developments in, pollution prevention and the requirements of this article.
(6) Assist businesses that seek information, guidance, planning assistance, or recommendations for pollution prevention by providing technical information to those businesses at production or commercial locations.
(7) Work with existing environmental regulatory programs to make use of existing information gathering systems that may assist the division in assessing the progress of pollution prevention statewide.
(8) Grant or deny applications for pollution prevention grants under section 10 of this chapter.
(9) Provide source reduction and recycling technical assistance and administer the Indiana recycling grants program established under IC 13-20-22-2.
[Pre-1996 Recodification Citation: 13-9-2-5.]
As added by P.L.1-1996, SEC.17. Amended by P.L.2-1997, SEC.50.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-6. Assistance to Other Governmental Regulatory Programs

Sec. 6. The division shall assist other governmental regulatory programs in devising:
(1) standards;
(2) administrative rules; and
(3) permits;
based on goals and principles of pollution prevention.
[Pre-1996 Recodification Citation: 13-9-2-6.]
As added by P.L.1-1996, SEC.17.