CHAPTER 2. ESTABLISHMENT OF SOLID WASTE MANAGEMENT BOARD
IC 13-19-2
Chapter 2. Establishment of Solid Waste Management Board
IC 13-19-2-1
Establishment
Sec. 1. The solid waste management board is established as an
independent board.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-2
Members; appointment
Sec. 2. (a) The board consists of fourteen (14) members as
follows:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following ten (10) members, who shall be appointed by
the governor based on recommendations from representative
constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) health professional who holds a license to
practice in Indiana.
(G) One (1) representative of small business.
(H) One (1) representative of the general public, who cannot
qualify to sit on the board under any of the other clauses in
this subdivision.
(I) One (1) representative of the solid waste management
industry.
(J) One (1) representative of the solid waste management
districts.
(b) An individual appointed under subsection (a)(2) must possess
knowledge, experience, or education qualifying the individual to
represent the entity the individual is being recommended to
represent.
As added by P.L.1-1996, SEC.9. Amended by P.L.4-2005, SEC.123.
IC 13-19-2-3
Members; political party affiliation
Sec. 3. Not more than five (5) of the appointed members of the
board may be members of the same political party.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-4
Members; technical representative as voting member
Sec. 4. An ex officio member of the board may designate in
writing a technical representative to serve as a voting member of the
board when the ex officio member is unable to attend a board
meeting.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-5
Members; terms; vacancies; removal
Sec. 5. (a) The term of an appointed member of the board is four
(4) years.
(b) The term of each member of the board continues until a
successor has been appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board,
the governor shall appoint a member not later than sixty (60) days
after the vacancy occurs for the remainder of the unexpired term. The
board shall suspend the exercise of the board's duties under this
chapter or IC 13-19-3 if the vacancy has not been filled not later than
sixty (60) days after the vacancy occurs.
(d) The governor may remove an appointed member of the board
for cause. Cause includes the failure to attend at least two (2) board
meetings within a one (1) year period.
(e) The board may not adopt a final rule under IC 13-14-8 until all
members have been appointed.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-6
Members; compensation
Sec. 6. (a) The ex officio members of the board serve without
additional compensation.
(b) Each appointed member of the board is entitled to the
following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses 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.
(c) The per diem and mileage are valid claims against the
department.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-7
Meetings
Sec. 7. (a) The board shall hold at least six (6) regular meetings
each year at a place and time to be fixed by the board.
(b) Special meetings of the board may be called by:
(1) the chairman; or
(2) three (3) members of the board;
by delivery of written notice at the office of each member of the
board.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-8
Quorum
Sec. 8. Eight (8) members of the board, four (4) of whom must be
appointed members of the board, constitute a quorum.
As added by P.L.1-1996, SEC.9. Amended by P.L.4-2005, SEC.124.
IC 13-19-2-9
Officers
Sec. 9. The governor shall annually select:
(1) one (1) of the ten (10) appointed members of the board to
serve as chairman; and
(2) another of the appointed members of the board to serve as
vice chairman.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-10
Technical secretary
Sec. 10. (a) The board shall select, from a list of three (3)
qualified persons recommended by the governor, an independent
third party who is not an employee of the state to serve as technical
secretary of the board.
(b) During the interim between meetings of the board, the
department shall do the following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed by
the board.
(c) The technical secretary shall review all materials prepared for
the board by the department to make any necessary revisions.
Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the technical secretary. The technical secretary is not a voting
member of the board.
As added by P.L.1-1996, SEC.9.
IC 13-19-2-11
Legal counsel
Sec. 11. (a) The board may select from a list of three (3) qualified
persons recommended by the governor an independent third party
who is not an employee of the state to serve as legal counsel.
(b) The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising
from the exercise of the board's duties.
(2) Review all materials prepared for the board by the
department for legal accuracy and sufficiency and direct the
department to make any necessary revisions.
(c) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the legal counsel. The legal counsel is not a voting member of the
board.
As added by P.L.1-1996, SEC.9.