Sec. 35. (a) Solid waste may be disposed of on land only through use of sanitary landfills, incineration, composting, garbage grinding, or other acceptable methods approved by the department of environmental management in accordance with rules adopted by the environmental rules board. A person may not operate or maintain an open dump.
(b) A person may not operate or maintain facilities for the collection and disposal of solid waste, except as set out in section 4 of this chapter or under rules adopted by the environmental rules board.
(c) Failure to comply with this section constitutes the operation of a nuisance inimical to human health. A prosecuting attorney who receives a report of such a failure from the department of environmental management, a solid waste management district, or a local health officer shall cause appropriate court proceedings to be instituted.
(d) A person who fails to comply with this section commits a Class C infraction. If the violation is of a continuing nature, each day of failure to comply constitutes a separate infraction.
(e) The department of environmental management may bring proceedings for injunctive or mandatory relief through the attorney general against any person (including any agency of the state or federal government) for failure to comply with this section.
[Pre-Local Government Recodification Citation: 19-2-1-31.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.206; P.L.33-1992, SEC.22; P.L.113-2014, SEC.129.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 30. Solid Waste Collection and Disposal
36-9-30-1. Application of Chapter
36-9-30-3. Facilities for Collection and Disposal; Revenue Bonds to Pay Costs
36-9-30-4. Methods for Disposal
36-9-30-5. Contracts for Collection or Disposal; Requirements
36-9-30-5.3. Contracts for Collection and Disposal of Solid Waste; Request for Proposals
36-9-30-5.5. Contracts for Incineration of Waste
36-9-30-7. Supervision and Control of Functions by Works Board
36-9-30-8. Contracts or Agreements Necessary to Performance of Board's Duties
36-9-30-9. Personnel Necessary in Execution of Board's Powers and Duties
36-9-30-11. Operation, Management, and Control of Facilities
36-9-30-13. Operation of Facilities
36-9-30-14. Contracts With Other Units Desiring Use of Facility; Cost and Expenses; Term
36-9-30-15. Methods of Financing of Facilities and Land
36-9-30-16. Preliminary Expenses; Payment; Procedure; Reimbursement of Fund
36-9-30-17. Revenue Bonds; Issuance; Interest Rates; Terms and Conditions; Nature of Bonds; Sale
36-9-30-18. Revenue Bonds; Ordinance Authorizing Bond
36-9-30-19. Revenue Bonds; Application of Proceeds; Costs of Facility
36-9-30-21. Fees for Use of and Service Rendered by Facilities
36-9-30-22. Solid Waste Disposal Nonreverting Capital Fund
36-9-30-24. Lease With Option to Purchase Facilities; Terms and Conditions
36-9-30-26. Lease With Option to Purchase Facilities; Notice of Date of Execution of Lease
36-9-30-27. Lease With Option to Purchase Facilities; Lessor Corporation; Payment
36-9-30-28. Lease With Option to Purchase Facilities; Erection of Facility on Land Owned by Unit
36-9-30-30. Lease With Option to Purchase Facilities; Annual Tax Levy; Review of Levy
36-9-30-31. Lease With Option to Purchase Facilities; Tax Exemption