CHAPTER 4. WITHDRAWAL OR REMOVAL OF COUNTIES FROM SOLID WASTE MANAGEMENT DISTRICTS
IC 13-21-4
Chapter 4. Withdrawal or Removal of Counties From Solid Waste
Management Districts
IC 13-21-4-1
Compliance with procedures
Sec. 1. If:
(1) a county seeks to withdraw from a joint district; or
(2) a joint district seeks to remove a county from the joint
district;
the county or the joint district must follow the procedures set forth
in this chapter.
As added by P.L.1-1996, SEC.11.
IC 13-21-4-2
County executives; resolutions; contents
Sec. 2. (a) If a county seeks to withdraw from a joint district that
consists of more than two (2) counties, the county executive must:
(1) adopt two (2) identical resolutions:
(A) at least fifteen (15) days apart; and
(B) not more than forty-five (45) days apart; and
(2) submit both resolutions to the board of the joint district and
to the commissioner.
The resolution must specify that the county withdraws from the joint
district.
(b) If a county seeks to withdraw from and dissolve a joint district
that consists of only two (2) counties, the county executive must:
(1) adopt two (2) identical resolutions:
(A) at least fifteen (15) days apart; and
(B) not more than forty-five (45) days apart; and
(2) submit both resolutions to the county executive of the other
county and to the commissioner.
The resolution must specify that the county withdraws from and
dissolves the joint district.
(c) If a joint district that consists of more than two (2) counties
seeks to remove a county from the joint district, the county executive
of each county that would remain in the joint district after the county
is removed must:
(1) adopt two (2) identical resolutions:
(A) at least fifteen (15) days apart; and
(B) not more than forty-five (45) days apart; and
(2) submit both resolutions to the county executive of the
county that would be removed and to the commissioner.
The resolution must specify that the joint district removes the county
from the joint district.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.3.
IC 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 joint district is
effective upon:
(1) the later of:
(A) the date of delivery of both resolutions adopted under
section (2)(a) of this chapter to the board of the joint district;
or
(B) the effective date specified in the resolutions referred to
in clause (A); or
(2) the later of:
(A) the date of delivery of both resolutions adopted under
section (2)(b) of this chapter to the county executive of the
other county; or
(B) the effective date specified in the resolutions referred to
in clause (A).
(b) The removal of a county from a joint district is effective upon
the later of:
(1) the latest date of delivery of all the resolutions adopted
under section (2)(c) of this chapter to the county executive of
the county that would be removed; or
(2) the effective date specified in the resolutions referred to in
subdivision (1).
As added by P.L.74-2002, SEC.4.
IC 13-21-4-3
Financial impact analysis
Sec. 3. (a) A county executive of a county withdrawing from the
district or the county executive of each county that would remain in
a joint district after a county is removed from the district that adopts
and submits the identical resolutions described in section 2 of this
chapter shall prepare or pay for the preparation of an analysis
concerning the legal obligations of:
(1) the joint district; and
(2) each county located in the joint district, including the county
that would withdraw or be removed from the joint district;
that would remain after the county withdraws from the joint district
or the joint district removes the county.
(b) A copy of the analysis shall be submitted to:
(1) the county executive of each county involved in the
withdrawal or removal of a county from a joint district; and
(2) the commissioner;
not more than ninety (90) days after the date a resolution adopted
under section 2 of this chapter takes effect.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.5.
IC 13-21-4-4
Responsibility for legal obligations
Sec. 4. (a) Except as provided in subsection (c), if a county
withdraws from or is removed from a joint district that consists of
more than two (2) counties, the county is responsible for its share of
the legal obligations:
(1) entered into by the joint district before the September 20
that last precedes the date the identical resolutions adopted
under section 2 of this chapter for the county's withdrawal or
removal from the joint district take effect; and
(2) payable before the second January 1 that succeeds the
September 20 referred to in subdivision (1).
(b) The legal obligations referred to in subsection (a) include the
following:
(1) Contracts entered into by the joint district.
(2) Repayment of loan agreements entered into by the joint
district.
(3) Payment of bonds issued by the joint district.
(4) Any other legal obligation entered into by the joint district.
(c) If a joint district consists of more than two (2) counties, the
county executive of the county that withdraws or is removed from
the joint district and the board of the joint district shall, not more
than sixty (60) days after the date the state examiner issues a report
under IC 5-11-1-9.7(b) with respect to the withdrawal or removal,
enter into a written agreement that specifies the legal obligations of
the county and the joint district after the date the identical resolutions
adopted under section 2 of this chapter for the withdrawal or removal
of the county take effect. A copy of the agreement shall be submitted
to the commissioner.
(d) If a joint district consists of only two (2) counties:
(1) each county is responsible for its share of the legal
obligations entered into by the joint district before the date the
joint district is dissolved; and
(2) the county executive of each county shall enter into a
written agreement concerning the division of the joint district's
assets.
A copy of the agreement shall be submitted to the commissioner.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.6.
IC 13-21-4-5
Public meetings
Sec. 5. After an analysis described in section 3 of this chapter has
been completed and the terms of any agreement have been tentatively
agreed to under section 4(b) or 4(c) of this chapter, a public meeting
must be held, not later than forty-five (45) days after the date the
tentative agreement is reached, by:
(1) the county executive of each county located in the joint
district; and
(2) the board of the joint district;
that concerns the remaining legal obligations of the joint district and
each county located in the joint district and the terms of the tentative
agreement. Each of the county executives may hold a public meeting
required under this section individually or jointly with one (1) or
more other county executives, the board of the joint district, or both.
The board of the joint district may hold a public meeting required
under this section individually or jointly with one (1) or more county
executives.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.7.
IC 13-21-4-6
Designating new county district or joining new or existing joint
districts; district plans
Sec. 6. (a) If a county withdraws from or the county executives of
a joint district remove a county from a joint district, the county must:
(1) designate itself as a new county district;
(2) join one (1) or more other counties to form a new joint
district; or
(3) join an existing joint district;
under the procedures set forth in IC 13-21-3.
(b) If a county:
(1) designates itself as a new county district; or
(2) joins one (1) or more other counties to form a new joint
district;
the county district or new joint district shall submit a district plan to
the commissioner as provided under IC 13-21-5.
(c) If a county joins an existing joint district, the joint district
shall amend the joint district's district plan as provided under
IC 13-21-5.
(d) If a county withdraws or is removed from a joint district that
consists of more than two (2) counties, the joint district shall amend
the joint district's district plan as provided under IC 13-21-5.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.8.
IC 13-21-4-7
Adoption of district plan
Sec. 7. A district plan described under section 6(b) of this chapter
must be adopted by the:
(1) county executive of the county located in the new county
district; or
(2) county executive of each county located in the new joint
district;
not later than sixty (60) days after the date the district plan is filed
with the commissioner under IC 13-21-5-21.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.9.
IC 13-21-4-8
Repealed
(Repealed by P.L.74-2002, SEC.11.)
IC 13-21-4-9
Repealed
(Repealed by P.L.74-2002, SEC.11.)