CHAPTER 5. DISTRICT SOLID WASTE MANAGEMENT PLAN
IC 13-21-5
Chapter 5. District Solid Waste Management Plan
IC 13-21-5-1
Adoption of plan; submission to commissioner; requirements and
criteria
Sec. 1. Each district shall adopt and submit to the commissioner
for approval a district solid waste management plan that meets:
(1) the requirements of this chapter; and
(2) the criteria and other elements set forth in the state plan.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-2
Public meetings; notice
Sec. 2. (a) A district must conduct at least one (1) regularly
scheduled public meeting each month before the creation,
amendment, or alteration of the district solid waste management
plan. The board shall give notice of each public meeting in
accordance with IC 5-14-1.5. In addition, a copy of the schedule of
regularly scheduled monthly meetings shall annually be submitted
for publication to a newspaper of general circulation in each county
of the district. The notice:
(1) must be at least two (2) columns wide by five (5) inches
long; and
(2) may not be placed in the part of the newspaper where legal
notices and classified advertisements appear.
(b) Public comments shall be taken at each board meeting.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-3
Public meetings; hearing; notice
Sec. 3. (a) After considering public comment received during all
public meetings held under section 2 of this chapter, the board shall
hold a public hearing on the proposed plan before adopting a district
plan in final form.
(b) The board shall make the proposed plan available to the public
at least thirty (30) days before the date the public hearing is held.
(c) The board shall give public notice of the hearing held under
this section.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-4
Public meetings; format of plan
Sec. 4. (a) The department shall furnish a model format to be used
in the preparation of district plans under this chapter.
(b) A district plan adopted before January 1, 1991, may use a
format different from the format furnished under subsection (a), but
the commissioner may request that such a plan be revised to conform
to the model format furnished under subsection (a).
As added by P.L.1-1996, SEC.11.
IC 13-21-5-5
Public meetings; advisory committee
Sec. 5. (a) An advisory committee established under
IC 13-21-3-11 must conduct at least one (1) regularly scheduled
public meeting each month before reporting to the board on any
matter.
(b) After a board adopts a district plan, the advisory committee
appointed by the board shall meet as follows:
(1) At least four (4) times each year.
(2) At the request of the board.
(c) Public comments shall be taken at each advisory committee
meeting.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-6
Review of working documents
Sec. 6. A board:
(1) must make all working documents available for review by
the public for a period of time that allows sufficient time for
adequate review before a public meeting of the board; and
(2) shall make updated copies of working documents available
to the public on a regular basis.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-7
Special meetings; notice
Sec. 7. (a) If the board conducts a meeting other than a regularly
scheduled public meeting conducted under section 2 of this chapter:
(1) notice of the meeting must be given in accordance with
IC 5-14-1.5-5;
(2) an agenda of the meeting must be posted at least forty-eight
(48) hours in advance under IC 5-14-1.5-4; and
(3) the board shall notify a general circulation newspaper in
each county that makes up the district of the meeting and the
agenda to be discussed.
(b) The notice to the newspaper under this section shall be given
by:
(1) first class mail if notice can reasonably be expected to reach
the newspaper at least forty-eight (48) hours before the meeting;
and
(2) telephone if notice cannot reasonably be expected to reach
the newspaper under subdivision (1).
(c) At the meeting, the board may discuss only those matters that
were indicated on the meeting agenda prepared under this section.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-8
Approval or disapproval of plan
Sec. 8. (a) Based upon the contents of the state plan and on rules
adopted by the board, the commissioner shall approve or disapprove
each district plan submitted for review under this chapter within one
hundred twenty (120) days after the plan is submitted to the
commissioner.
(b) If the commissioner fails to act within one hundred twenty
(120) days after a district plan is submitted, the district plan is
considered approved.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-9
Notification of disapproval; revision; hearing; time limitations
Sec. 9. (a) If the commissioner disapproves a district plan
submitted by a board, the commissioner shall promptly:
(1) notify the board of the disapproval of the district plan; and
(2) provide written comments on changes that would make the
district plan acceptable.
(b) The district shall do the following:
(1) Revise the district plan.
(2) Resubmit the plan to the commissioner within ninety (90)
days after the disapproval of the original district plan.
(c) Before adoption of the revised district plan, the board shall
hold a public hearing using the procedures in section 3 of this
chapter.
(d) The commissioner shall approve or disapprove a revised
district plan within one hundred twenty (120) days after the revised
plan is submitted to the commissioner. If the commissioner fails to
act within one hundred twenty (120) days after a revised plan is
submitted, the revised plan is considered approved.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-10
Information provided by department to assist counties
Sec. 10. The department shall provide information to assist
counties to do the following:
(1) Establish districts.
(2) Develop district plans under this chapter.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-11
Requirements of plan
Sec. 11. A district plan must include the following:
(1) The results of a demographic study of the district predicting
the population of the district:
(A) five (5) years;
(B) ten (10) years; and
(C) twenty (20) years;
after the year the district plan is adopted.
(2) A:
(A) description of the origin, content, and weight or volume
of the solid waste to be generated in the district at the time
of the development of the district plan; and
(B) projection of the origin, content, and weight or volume
of the solid waste to be generated in the district:
(i) five (5) years;
(ii) ten (10) years; and
(iii) twenty (20) years;
after the year the district plan is adopted.
(3) An inventory and description of the following:
(A) The facilities located within the district.
(B) The solid waste management activities taking place
within the district.
(4) A statement identifying and assessing solid waste problems
that:
(A) exist in the district at the time of the development of the
district plan; and
(B) may exist in the district in the future.
(5) A:
(A) projection of the need for; and
(B) description of;
facilities in the district five (5) years, ten (10) years, and twenty
(20) years after the year the district plan is adopted.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-12
Solid waste management policy required
Sec. 12. (a) A district plan must establish a solid waste
management policy for the district that reflects the needs of the
district and provides an integrated approach to solid waste
management that includes the following:
(1) Source reduction.
(2) Alternatives to complete or partial dependence on final
disposal facilities, including recycling and composting.
(3) Final disposal facilities.
(b) A district plan must contain a strategy to promote and educate
the public regarding the benefits of managing vegetative matter by:
(1) composting;
(2) mulching; and
(3) any other environmentally appropriate manner the board
may determine, other than the disposing of vegetative matter in
a landfill.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-13
Required contents of plan
Sec. 13. A district plan must do the following:
(1) Set forth goals and objectives for the district.
(2) Identify alternative means of achieving these goals and
objectives based upon the problems and needs of the district.
(3) Set forth a description of the following:
(A) The operational costs and capital costs of implementing
the district plan.
(B) The proposed means of financing the implementation of
the district plan.
(4) Set forth the basis for setting fees, rates, and charges for use
of any facility.
(5) Designate a person to supervise the implementation of the
district plan and describe the responsibilities and authority of
that person.
(6) Describe the surveillance and enforcement procedures to be
implemented to ensure compliance with the district plan.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-14
Disposal of certain waste materials required by plan
Sec. 14. (a) A district plan must also include provisions for the
management and disposal of the following materials for the term of
the plan:
(1) Waste tires.
(2) Household hazardous waste.
(3) Used oil.
(4) White goods.
(5) Other classifications of waste provided for in the state plan.
(b) A district plan that sets forth provisions for the management
and disposal of materials identified in subsection (a) must comply
with all laws and rules governing the management and disposal of
those materials.
As added by P.L.1-1996, SEC.11.
IC 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 provisions are
constitutionally permissible, include provisions to restrict or prohibit
the disposal within the district of solid waste originating from
another state if the district reasonably considers the provisions
necessary to accomplish the long range planning goals of the district.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-16
Considerations and limitations of plan
Sec. 16. (a) A district plan must consider, in all circumstances,
contracts with private persons.
(b) A district plan or amended plan must, where reasonably
necessary to effectuate the efficient use of existing permitted final
disposal facilities, take account of permitted final disposal facilities
in the district that are in operation at the time the district plan is
adopted. A district plan or amended plan must incorporate all
recycling activities in progress in the district at the time the district
plan is adopted or amended.
(c) A district plan may not impose operational requirements on a
privately owned or operated facility that differ from operational
requirements imposed on a public facility solely because the facility
is privately owned or operated.
As added by P.L.1-1996, SEC.11.
IC 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 district plan to the commissioner
under section 1 of this chapter; or
(2) the commissioner disapproves a revised district plan
submitted by the district under section 9 of this chapter;
the commissioner may adopt a solid waste management plan for the
district.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-18
Amendment of plan; procedures; filing and implementation
Sec. 18. (a) A district may amend the district's solid waste
management plan at any time using the procedures set forth in
sections 1 through 7 of this chapter.
(b) A district shall amend its district plan using the procedures set
forth in sections 1 through 7 of this chapter if the district decides to
implement one (1) of the following programs and the program is not
addressed in the district's district plan or the district decides to not
implement one (1) of the following programs and the program is
addressed in the district's district plan:
(1) A program involving a facility that requires a permit from
or registration with the department.
(2) A program involving a facility for processing recyclable
materials.
(3) A program for collecting recyclables.
(4) A major education program.
(c) An amended plan prepared under this section:
(1) shall be immediately filed with the commissioner; and
(2) may be implemented after filing unless the commissioner
notifies the district in writing within thirty (30) days after the
filing that the amended plan fails to comply with the state plan.
The written notice of the commissioner must also provide
written comments on changes that would make the amended
plan acceptable.
(d) An amended district plan prepared under this section shall be
filed:
(1) on a form; or
(2) in a format;
provided by the department.
As added by P.L.1-1996, SEC.11.
IC 13-21-5-19
Merged districts; adoption of plan
Sec. 19. (a) Before a district submits a district plan to the
department under this chapter, a district may merge with one (1) or
more other districts after the adoption of identical resolutions by the
board of each district to be merged.
(b) Upon adoption of identical resolutions under subsection (a),
a board for the resulting merged district shall be established using the
procedures set forth in IC 13-21-3.
As added by P.L.1-1996, SEC.11.
IC 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 to the
department under this chapter, a district may merge with one (1) or
more other districts after the adoption of identical resolutions by the
board of each district to be merged.
(b) Upon adoption of identical resolutions under subsection (a),
a board for the resulting merged district shall be established using the
procedures set forth in IC 13-21-3.
(c) A merged district shall:
(1) adopt a district plan under sections 1 through 7 of this
chapter not later than sixty (60) days after the merger is
completed; and
(2) file the district plan with the commissioner.
The new district plan may be an amended version of the previous
approved plans submitted under the new district name. A merger
under subsection (a) does not take effect until the district plan is filed
with the commissioner.
(d) A district plan adopted under this section is considered
approved unless the commissioner notifies the district in writing not
later than thirty (30) days after the district plan is filed with the
commissioner that the district plan fails to comply with the state
plan. The notice provided by the commissioner must include
comments concerning changes to the district plan that would make
the district plan acceptable.
As added by P.L.1-1996, SEC.11.
IC 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 a joint district or
a joint district seeks to remove a county from the joint district under
IC 13-21-4 and the county:
(1) designates itself as a county district;
(2) joins into an existing joint district; or
(3) joins with one (1) or more other counties in establishing a
new joint district;
the county district or the joint district shall comply with this section.
(b) If a county that withdraws from a joint district designates itself
as a county district, the board appointed for the new county district
under IC 13-21-3-4 shall file a district plan with the commissioner
not later than one (1) year after the date the identical resolutions
adopted under IC 13-21-4-2 for the county's withdrawal from the
joint district take effect. The district plan of the joint district
continues to serve as the plan for the new county district to the extent
the terms of the plan apply to the new county district until the plan
of the new county district is approved under this chapter. If the board
fails to file the district plan with the commissioner not later than one
(1) year after the effective date of the identical resolutions, the
commissioner may adopt a district plan for the new county district.
(c) If a county that is removed by a joint district designates itself
as a county district, the board appointed for the new county district
under IC 13-21-3-4 shall file a district plan with the commissioner
not later than one (1) year after the date the identical resolutions
adopted under IC 13-21-4-2 for the county's removal from the joint
district take effect. The district plan of the joint district continues to
serve as the plan for the new county district to the extent the terms
of the plan apply to the new county district until the plan of the new
county district is approved under this chapter. If the board fails to file
the district plan with the commissioner not later than one (1) year
after the effective date of the identical resolutions, the commissioner
may adopt a district plan for the new county district.
(d) If a county joins into an existing joint district, the board of the
joint district:
(1) must approve the addition of the county to the district;
(2) shall amend the district plan to include the additional
county; and
(3) shall file the amended district plan with the commissioner
not later than one (1) year after the addition of the county to the
district.
The district plan of the joint district continues to serve as the plan for
the new joint district until the date the amended district plan is
approved under this chapter. If the board fails to file the amended
district plan with the commissioner not later than one (1) year after
the addition of the county to the district, the commissioner may adopt
a district plan for the new joint district.
(e) If a county joins in establishing a new joint district, the board
of the new joint district shall, not later than one (1) year after:
(1) the adoption of an ordinance establishing the joint district;
and
(2) approving an agreement governing the operation of the joint
district;
file a new district plan with the commissioner. If the board fails to
file the new district plan with the commissioner not later than one (1)
year after the adoption and approval under subdivisions (1) and (2),
the commissioner may adopt a district plan for the new joint district.
(f) If a county withdraws from a joint district that consists of more
than two (2) counties, the board of the joint district shall:
(1) restructure the joint district's board under IC 13-21-3 not
later than forty-five (45) days; and
(2) amend the district plan under sections 1 through 7 of this
chapter and file the amended district plan with the
commissioner not later than one (1) year;
after the date the identical resolutions adopted under IC 13-21-4-2 for
the county's withdrawal from the joint district take effect. The district
plan of the joint district continues to serve as the plan for the new
joint district to the extent the terms of the plan apply to the new joint
district until the amended plan of the new joint district is approved
under this chapter. If the board fails to file the amended district plan
with the commissioner not later than one (1) year after the effective
date of the identical resolutions, the commissioner may adopt a
district plan for the new joint district.
(g) If a county is removed from a joint district that consists of
more than two (2) counties, the board of the joint district shall:
(1) restructure the joint district's board under IC 13-21-3 not
later than forty-five (45) days; and
(2) amend the district plan under sections 1 through 7 of this
chapter and file the amended district plan with the
commissioner not later than one (1) year;
after the date the identical resolutions adopted under IC 13-21-4-2 for
the county's removal from the joint district take effect. The district
plan of the joint district continues to serve as the plan for the new
joint district to the extent the terms of the plan apply to the new joint
district until the amended plan of the new joint district is approved
under this chapter. If the board fails to file the amended district plan
with the commissioner not later than one (1) year after the effective
date of the identical resolutions, the commissioner may adopt a
district plan for the new joint district.
(h) A district plan adopted under this section is considered
approved unless the commissioner notifies the district in writing not
later than thirty (30) days after the district plan is filed with the
commissioner that the district plan fails to comply with the state
plan. The notice provided by the commissioner must include
comments concerning changes to the district plan that would make
the district plan acceptable.
(i) With respect to a joint district that consists of only two (2)
counties, if the county other than the county that withdraws from the
joint district designates itself as a county district, the board appointed
for the new county district under IC 13-21-3-4 shall file a district
plan with the commissioner not later than one (1) year after the date
the identical resolutions adopted under IC 13-21-4-2 for the
withdrawal from the joint district take effect. The district plan of the
joint district continues to serve as the plan for the new county district
to the extent the terms of the plan apply to the new county district
until the plan of the new county district is approved under this
chapter. If the board fails to file the district plan with the
commissioner not later than one (1) year after the effective date of
the identical resolutions, the commissioner may adopt a district plan
for the new county district.
As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.10.