Sec. 5. (a) Except as provided in subsection (b), the description of the area to be included in a district may not include a municipality.
(b) The description of the area to be included in a district may include area located within a municipality if the municipal legislative body has adopted an ordinance or resolution designating that area to be included in the district.
(c) The governing body shall:
(1) identify any area located within a municipality in the county that the governing body believes should be part of the area of the district; and
(2) request that the municipality adopt an ordinance or resolution under subsection (b) to include the area identified under subdivision (1) in the district.
(d) A municipal legislative body that has previously adopted an ordinance or resolution under subsection (b) may adopt an ordinance or resolution to exclude from the district all or part of the area previously designated for inclusion in the district.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Structure Indiana Code
Article 11. County Onsite Waste Management Districts
Chapter 3. Establishment or Dissolution of Districts
36-11-3-1. Initiation by Governing Body
36-11-3-2. Contents of Notice of Intent
36-11-3-3. Notice of Intent to Dissolve
36-11-3-4. Territory of District
36-11-3-5. Inclusion in District of Area Located Within a Municipality
36-11-3-6. Public Hearings; Qualifications of Hearing Officer; Hearing Officer Compensation
36-11-3-7. Scheduling of Hearing; Notice
36-11-3-8. Objection and Participation in Hearing by Resident of District
36-11-3-10. Action by Ordinance of the Governing Body After the Hearing; Notice to Objectors
36-11-3-11. Notice of Adoption of an Ordinance
36-11-3-12. District Not an Independent Municipal Corporation
36-11-3-13. Information to Be Included in Ordinance to Establish a District