Sec. 5. (a) A unit may contract with persons for the collection or disposal of solid waste. The contract may provide that persons contracted with have the exclusive right to collect or dispose of solid waste under section 4 of this chapter.
(b) A unit may contract with any business or institution for the collection and disposal of industrial, commercial, or institutional solid waste. All fees collected by the unit shall be deposited in the treasury of the unit for the administration, operation, and maintenance of the solid waste collection and disposal project.
(c) A unit may contract for the use of privately owned solid waste disposal facilities.
(d) This subsection applies if a contract executed under subsection (a) or (b) will yield a gross revenue to a contractor (other than a governmental entity) of at least twenty-five thousand dollars ($25,000) during the time it is in effect. A unit:
(1) must comply with IC 36-1-12-4 in awarding the contract if the unit is a county; and
(2) may comply with either:
(A) IC 36-1-12-4; or
(B) section 5.3 of this chapter;
in awarding the contract if the unit is a municipality other than a consolidated city.
(e) A unit entering into a contract under subsection (d)(1) shall require the bidder to submit a financial statement, a statement of experience, the bidder's proposed plan or plans for performing the contract, and the equipment that the bidder has available for the performance of the contract. The statement shall be submitted on forms prescribed by the state board of accounts. IC 36-1-12-4(b)(6) does not apply to this subsection.
(f) A unit may contract under this section with private persons that operate facilities that combine significant elements of recycling or production of refuse derived fuel.
[Pre-Local Government Recodification Citations: 19-2-1-4; 19-2-1-19; 19-2-6-1 part; 19-2-6-2 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.329-1985, SEC.25; P.L.19-1990, SEC.39; P.L.37-2022, SEC.2.
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