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Chapter 1. State Solid Waste Management Plan
13-21-1-1. Adoption of Plan; Rules - Sec. 1. The commissioner shall do the following: (1) Adopt...
13-21-1-2. Required Provisions, Goals, and Criteria - Sec. 2. The state plan must provide for solid waste...
13-21-1-3. Revisions - Sec. 3. Revisions of the state plan must be implemented...
13-21-1-4. Assessment of Solid Waste Management Districts; Report - Sec. 4. (a) In 2015 and every fifth year thereafter,...
Chapter 2. Repealed - [Pre-1996 Recodification Citations: Repealed by P.L.1-2001, SEC.51.
Chapter 3. Solid Waste Management Districts
13-21-3-0.2. Application of Certain Amendments to Prior Law - Sec. 0.2. (a) The amendments made to IC 13-9.5-2-2 and...
13-21-3-1. Solid Waste Management District Not Mandatory After June 30, 2017; Option to Dissolve or Withdraw and Have No District - Sec. 1. (a) After June 30, 2017, a county may,...
13-21-3-2. Territory Included in Designated District - Sec. 2. All of the incorporated and unincorporated territory of...
13-21-3-3. Copy of Agreement to Commissioner - Sec. 3. Within thirty (30) days after adopting an ordinance...
13-21-3-4. Board of Directors; Appointment - Sec. 4. After a county has been designated as a...
13-21-3-5. Board of Directors; Membership - Sec. 5. (a) Except as provided in subsections (b) through...
13-21-3-6. Board of Joint District; Membership - Sec. 6. (a) Except as provided in subsections (b) through...
13-21-3-7. Joint Districts; Executive Committees; Powers - Sec. 7. (a) In: (1) a joint district; or (2)...
13-21-3-8. Board of Directors of District; Term - Sec. 8. (a) This section does not apply to the...
13-21-3-9. Officers - Sec. 9. (a) This section does not apply to a...
13-21-3-10. Controllers; Powers and Duties - Sec. 10. (a) A controller selected under section 9 of...
13-21-3-11. Citizen Solid Waste Management Advisory Committee; Membership; Functions - Sec. 11. (a) The board of each district shall appoint...
13-21-3-12. Powers of District; Exercise of Powers in Lake County - Sec. 12. (a) Except as provided in section 14.5 of...
13-21-3-12.2. Additional Powers of Districts in Certain Counties - Sec. 12.2. (a) This section applies to a county having...
13-21-3-13. Powers of Board - Sec. 13. (a) A board may do the following: (1)...
13-21-3-13.5. Reports on Funds - Sec. 13.5. (a) At the end of each year the...
13-21-3-14. Powers of District; Exclusions - Sec. 14. (a) This section does not apply to a...
13-21-3-14.5. Conditions for Provision of Waste Management Services by District; Evaluation of Cost - Sec. 14.5. (a) This section does not apply to the...
13-21-3-15. Tax Rate Appeals in Certain Counties - Sec. 15. (a) A district located in a county having...
13-21-3-15.5. Appeal for Additional Levy - Sec. 15.5. (a) A district may appeal to the department...
13-21-3-16. Eligibility to Include in Budget Revenue From Imposed Property Tax - Sec. 16. (a) The requirements of this section: (1) are...
13-21-3-17. Conferences, Seminars, and Training Sessions; Membership in Planning and Practice Improvement Organizations - Sec. 17. (a) If a board determines that it is...
13-21-3-18. Grants and Loans From Counties and Municipalities - Sec. 18. The executive of a county or municipality located...
13-21-3-19. Delegation of Board's Authority; Limitations - Sec. 19. (a) The board of a district may delegate...
13-21-3-20. Failure of County With Consolidated City to Elect to Participate; Exemption From Regulation and Control of Article - Sec. 20. (a) Notwithstanding this chapter, IC 13-21-5, and IC...
13-21-3-21. Approval and Delivery of Budget - Sec. 21. Before the board of a district may adopt...
13-21-3-22. Contract With County to Collect Fees and Revenue; Delinquent Payments - Sec. 22. (a) This subsection does not apply to the...
Chapter 4. Withdrawal or Removal of Counties From Solid Waste Management Districts
13-21-4-1. Compliance With Procedures - Sec. 1. If: (1) a county seeks to withdraw from...
13-21-4-2. County Executives; Resolutions; Contents - Sec. 2. (a) If a county seeks to withdraw from...
13-21-4-2.5. Effective Date of Withdrawal or Removal of a County From a Joint District - Sec. 2.5. (a) The withdrawal of a county from a...
13-21-4-3. Financial Impact Analysis - Sec. 3. (a) A county executive of a county withdrawing...
13-21-4-4. Responsibility for Legal Obligations - Sec. 4. (a) Except as provided in subsection (c), if...
13-21-4-5. Public Meetings - Sec. 5. After an analysis described in section 3 of...
13-21-4-6. County Leaving Joint District Not Required After June 30, 2017, to Be Designated as County District or Be Member of Joint District - Sec. 6. (a) If a county withdraws from or the...
13-21-4-7. Adoption of District Plan - Sec. 7. A district plan described under section 6(b) of...
13-21-4-8. Repealed - [Pre-1996 Recodification Citation: 13-9.5-2.3-8.] As added by P.L.1-1996, SEC.11. Repealed...
13-21-4-9. Repealed - [Pre-1996 Recodification Citation: 13-9.5-2.3-9.] As added by P.L.1-1996, SEC.11. Repealed...
Chapter 5. District Solid Waste Management Plan
13-21-5-1. Adoption of Plan; Submission to Commissioner; Requirements and Criteria - Sec. 1. Each district shall adopt and submit to the...
13-21-5-2. Public Meetings; Notice - Sec. 2. (a) A district must conduct at least one...
13-21-5-3. Public Meetings; Hearing; Notice - Sec. 3. (a) After considering public comment received during all...
13-21-5-4. Public Meetings; Format of Plan - Sec. 4. (a) The department shall furnish a model format...
13-21-5-5. Public Meetings; Advisory Committee - Sec. 5. (a) An advisory committee established under IC 13-21-3-11...
13-21-5-6. Review of Working Documents - Sec. 6. A board: (1) must make all working documents...
13-21-5-7. Special Meetings; Notice - Sec. 7. (a) If the board conducts a meeting other...
13-21-5-8. Approval or Disapproval of Plan - Sec. 8. (a) Based upon the contents of the state...
13-21-5-9. Notification of Disapproval; Revision; Hearing; Time Limitations - Sec. 9. (a) If the commissioner disapproves a district plan...
13-21-5-10. Information Provided by Department to Assist Counties - Sec. 10. The department shall provide information to assist counties...
13-21-5-11. Requirements of Plan - Sec. 11. A district plan must include the following: (1)...
13-21-5-12. Solid Waste Management Policy Required - Sec. 12. (a) A district plan must establish a solid...
13-21-5-13. Required Contents of Plan - Sec. 13. A district plan must do the following: (1)...
13-21-5-14. Disposal of Certain Waste Materials Required by Plan - Sec. 14. (a) A district plan must also include provisions...
13-21-5-15. Optional Provisions to Restrict Disposal of Solid Waste From Another State - Sec. 15. A district plan may, to the extent the...
13-21-5-16. Considerations and Limitations of Plan - Sec. 16. (a) A district plan must consider, in all...
13-21-5-17. Failure to Submit Plan; Disapproval of Revision; Adoption of Plan by Commissioner - Sec. 17. If: (1) a district fails to submit a...
13-21-5-18. Amendment of Plan; Procedures; Filing and Implementation - Sec. 18. (a) A district may amend the district's solid...
13-21-5-19. Merged Districts; Adoption of Plan - Sec. 19. (a) Before a district submits a district plan...
13-21-5-20. Merger of Districts; Adoption of Identical Resolutions; Time Limitations; Notice of Noncompliance - Sec. 20. (a) After a district submits a district plan...
13-21-5-21. Withdrawal or Removal of Counties From Joint Districts; Plan Requirements; Notice of Noncompliance - Sec. 21. (a) If a county seeks to withdraw from...
Chapter 6. Contracts and Agreements for Construction or Operation of Solid Waste Management Facilities
13-21-6-1. Length, Duration, and Terms; Amendments, Extensions, and Supplements; Maximum Term - Sec. 1. (a) Notwithstanding any other statute concerning the length,...
13-21-6-2. Award of Contract - Sec. 2. Notwithstanding any other statute, a contract entered into...
13-21-6-3. Request for Qualifications and Proposals - Sec. 3. (a) A board may, by resolution, require that...
13-21-6-4. Notice; Time Limitations - Sec. 4. (a) Before the issuance of a request for...
13-21-6-5. Final Form - Sec. 5. (a) The board may do the following: (1)...
13-21-6-6. Receipt of Proposals; Time Limitations - Sec. 6. Proposals may not be received before thirty (30)...
13-21-6-7. Criteria for Consideration in Evaluation of Proposals - Sec. 7. The board: (1) shall evaluate proposals received under...
13-21-6-8. Preliminary Contract Awards; Public Hearing; Notice; Final Form - Sec. 8. (a) The board may: (1) negotiate with the...
13-21-6-9. Request for Proposals; Required Information - Sec. 9. Requests for proposals must include the following: (1)...
13-21-6-10. Contesting Validity of Contract Awarded; Time Limitation on Bringing Action - Sec. 10. An action to contest: (1) the validity of...
Chapter 7. Financing: Waste Management District Bonds
13-21-7-1. Special Taxing Districts - Sec. 1. (a) A special taxing district is established in...
13-21-7-2. Waste Management District Bonds; Bidding Requirements for Facility - Sec. 2. The board may issue waste management district bonds...
13-21-7-3. Resolution to Construct, Modify, Acquire, or Maintain Facility; Public Notice - Sec. 3. (a) When: (1) plans and specifications have been...
13-21-7-4. Hearing; Remonstrance; Final Action - Sec. 4. (a) At: (1) the time fixed for the...
13-21-7-5. Appeals - Sec. 5. (a) If the board takes final action confirming...
13-21-7-6. Certified Copy of Resolution and Approval to Controller - Sec. 6. On adopting a resolution ordering the issuance of...
13-21-7-7. Waste Management District Bonds Not Corporate Obligation or Unit Indebtedness - Sec. 7. (a) The waste management district bonds: (1) are...
13-21-7-8. Proceeds From Sale of Bonds; Use of Funds - Sec. 8. All proceeds from the sale of waste management...
13-21-7-9. Special Tax on Real Property - Sec. 9. (a) For the purpose of raising money to...
13-21-7-10. Certification of Tax Levy; Distribution of Tax - Sec. 10. (a) The tax levied each year shall be...
13-21-7-11. Factors to Consider in Determining Amount of Tax Levy - Sec. 11. (a) In fixing the amount of the necessary...
13-21-7-12. Issuance of Waste Management District Bonds Under Certain Circumstances - Sec. 12. (a) The district may not issue waste management...
Chapter 8. Financing: Revenue Bonds
13-21-8-1. Borrowing Money and Issuing Revenue Bonds - Sec. 1. A board may finance the cost of facilities...
13-21-8-2. Authorization by Board of Resolution - Sec. 2. The issuance of revenue bonds must be authorized...
13-21-8-3. Revenue Bonds; Definition; Contents - Sec. 3. (a) The revenue bonds: (1) are special obligations...
13-21-8-4. Security of Bonds - Sec. 4. (a) The resolution may pledge and assign for...
Chapter 9. Financing: Waste Management Development Bonds
13-21-9-1. Financing Facilities; Negotiations - Sec. 1. A board may periodically enter into negotiations with...
13-21-9-2. Public Hearing and Notice; Financing Agreement - Sec. 2. (a) The board shall hold a public hearing...
13-21-9-3. Waste Management Development Bonds - Sec. 3. (a) The resolution adopted under section 2 of...
13-21-9-4. Financing Agreement; Payments; Term; Retention of Interest in Facility by District - Sec. 4. (a) A financing agreement must provide for payments...
13-21-9-5. Bonds; Expenses, Premiums, and Commissions - Sec. 5. The district may advance all expenses, premiums, and...
13-21-9-6. Exemption From Property Tax on Facilities - Sec. 6. (a) The district is exempt from all property...
13-21-9-7. Approvals and Permits - Sec. 7. The user or developer is responsible for obtaining...
Chapter 10. Financing: Refunding of Outstanding Bonds
13-21-10-1. Issuance of Bonds to Refund Outstanding Bonds - Sec. 1. If a board finds that a refunding of...
Chapter 11. Financing: Borrowing Evidenced by Notes
13-21-11-1. Anticipation Notes - Sec. 1. A district: (1) pending receipt of a grant;...
13-21-11-2. Sale of Notes - Sec. 2. An issuance of a note or notes or...
13-21-11-3. Term - Sec. 3. A note or notes issued or renewed under...
13-21-11-4. Application of Proceeds - Sec. 4. The board shall apply the proceeds of a...
13-21-11-5. Board Approval - Sec. 5. Notes issued under this chapter must be approved...
Chapter 12. Financing: Requirements for Issuance of Bonds Generally
13-21-12-1. Terms and Covenants of Bonds; Validity; Sale - Sec. 1. (a) All bonds issued under this article may:...
13-21-12-2. Securement of Bond by Trust Indenture; Provisions Allowable in Trust Indenture or Resolution - Sec. 2. The bonds issued under this article or IC...
13-21-12-3. Security Exempt From Registration Requirement of Ic 23 - Sec. 3. A security issued in connection with a financing...
13-21-12-4. Bonds and Anticipation Notes Exempt From Taxation - Sec. 4. All: (1) bonds, including grant and bond anticipation...
13-21-12-5. Revenues Received by Board or District Exempt From Taxation - Sec. 5. All revenues received by the board or district...
13-21-12-6. Alternative Financing Methods - Sec. 6. The facilities or any part of the facilities...
13-21-12-7. Action to Contest Validity Bonds or to Prevent Issuance; Time Limitation - Sec. 7. An action to: (1) contest the validity of...
13-21-12-8. Authority for Issuance of Bonds - Sec. 8. (a) This article constitutes full authority for the...
13-21-12-9. Facility and Sale of Byproducts Exempt From Regulation Under Ic 8-1-2 and Ic 8-1.5 - Sec. 9. The following are exempt from regulation under IC...
13-21-12-10. Covenant and Agreement With Bondholders - Sec. 10. The general assembly covenants and agrees with the...
13-21-12-11. Article Supplemental to Other Statutes - Sec. 11. This article is supplemental to all other statutes...
Chapter 13. District Final Disposal Fees
13-21-13-1. Fees for Disposal in Facilities Within the District; Penalties - Sec. 1. (a) A board may impose fees on the...
13-21-13-2. District Solid Waste Management Fund - Sec. 2. (a) A board that has imposed fees under...
13-21-13-3. Collection; Compensation; Time Limit on Remittance; Report - Sec. 3. (a) If a board imposes a fee under...
13-21-13-4. Limitation on Imposition - Sec. 4. A board may not impose a fee under...
13-21-13-5. Fee Collection; Determination of Weight of Solid Waste - Sec. 5. (a) If fees imposed under section 1 of...
13-21-13-6. Fees Not Revenues - Sec. 6. Fees prescribed by this chapter are not: (1)...
Chapter 14. District Solid Waste Management Fees
13-21-14-1. Additional Waste Management Fees - Sec. 1. (a) A board: (1) may; and (2) if...
13-21-14-2. Basis - Sec. 2. The board may fix the solid waste management...
13-21-14-3. Periodic Billing System; Fee Collection Ordinance Prohibited - Sec. 3. (a) The collection of the fees authorized by...
13-21-14-4. Fee Schedules - Sec. 4. The board may exercise reasonable discretion in adopting...
13-21-14-5. Public Notice and Hearing - Sec. 5. (a) Fees shall be established only after public...
13-21-14-6. Contesting Validity; Time Limitation - Sec. 6. An action to contest: (1) the validity of...
13-21-14-7. Use of Money - Sec. 7. Fees imposed under this chapter may be used,...
13-21-14-8. Penalties for Late Payment - Sec. 8. If a fee established is not paid within...
13-21-14-9. Exception for Transfer Station - Sec. 9. A district may not exercise its authority under...
Chapter 15. Dissolution of Districts
13-21-15-1. Dissolution of Single County Solid Waste Management District - Sec. 1. (a) If a solid waste management district is...
13-21-15-2. County Withdrawing From Joint District; Determination Not to Belong to Another Joint District or to Be Designated a County District - Sec. 2. (a) If a county is a member of...
13-21-15-3. Dissolution of or Withdrawal From Solid Waste Management District; Effect Upon Property Taxes in County - Sec. 3. (a) This section applies to the imposition of...
13-21-15-4. County Authority to Continue Collecting Solid Waste Management District Fee; Requirement to Use Fee Proceeds to Provide Services - Sec. 4. If: (1) a fee on the disposal of...