CHAPTER 30. SOLID WASTE COLLECTION AND DISPOSAL
IC 36-9-30
Chapter 30. Solid Waste Collection and Disposal
IC 36-9-30-1
Application of chapter
Sec. 1. This chapter applies to all units except townships.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-2
Definitions
Sec. 2. As used in this chapter:
"Solid waste" means all putrescible and nonputrescible solid and
semisolid wastes, except human excreta, but including garbage,
rubbish, ashes, street cleanings, dead animals, offal, and solid
commercial, industrial, and institutional wastes.
"Solid waste disposal facility" means a sanitary landfill, an
incinerator, a composting facility, a garbage grinding facility, or any
other facility that is suitable for solid waste disposal and is
constructed and approved under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-3
Facilities for collection and disposal; revenue bonds to pay costs
Sec. 3. A unit may establish, acquire, construct, install, operate,
and maintain facilities for the collection and disposal of solid waste
in order to secure the collection and disposal of solid waste
accumulated inside or outside the corporate boundaries of the unit.
The unit may issue revenue bonds to pay all or part of the costs of the
facilities.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-4
Methods for disposal
Sec. 4. A unit acting under this chapter must obtain approval from
the department of environmental management, according to rules
adopted by the solid waste management board, for any method or
methods used for the disposal of solid waste before obtaining land or
facilities. One (1) or more of the methods listed below may be used:
(1) A unit may use a sanitary landfill. If a sanitary landfill is to
be used, information necessary to evaluate the project shall be
submitted to the department of environmental management for
review and approval before the purchase of land or equipment.
(2) A unit may use incineration. If incineration is to be used, the
plans and specifications of each incinerating plant or other
facility, along with other information necessary to evaluate the
project, shall be submitted to the department of environmental
management for review and approval before construction of the
facilities. The plans must include an approved method for the
disposal of noncombustible solid waste and incinerator residue.
(3) A unit may use composting. If composting is to be used, the
plans and specifications of composting facilities, along with
other information necessary to evaluate the project, shall be
submitted to the department of environmental management for
review and approval before construction of the facilities. The
plans must provide for the proper disposal of all solid waste that
is not suitable for composting.
(4) A unit may use a garbage grinding system involving the
separate collection and disposal of garbage into a community
sewerage system through commercial-type grinders or
community-wide installation of individual grinders. As used in
this subdivision, "garbage" means all decayable solid and
semisolid wastes resulting from the processing, preparation,
cooking, serving, or consumption of food or food materials. The
plans and specifications for the garbage grinding facilities,
along with other information necessary to evaluate the project,
shall be submitted to the department of environmental
management for review and approval before construction or
installation of the facilities. The plans must provide for the
proper disposal of all solid waste that is not suitable for
grinding.
(5) A unit may use any other suitable methods or facilities for
the disposal of solid waste, if the plans and specifications, along
with other information necessary to evaluate the project, are
submitted to the department of environmental management for
review and approval before the acquisition, construction,
installation, or operation of the method or facility.
As added by Acts 1981, P.L.309, SEC.106. Amended by
P.L.143-1985, SEC.203.
IC 36-9-30-5
Contracts for collection or disposal; requirements
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) 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, then the unit must comply with IC 36-1-12-4 in awarding the
contract. The unit 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.
(e) A unit may contract with private persons that operate facilities
that combine significant elements of recycling or production of
refuse derived fuel.
As added by Acts 1981, P.L.309, SEC.106. Amended by
P.L.329-1985, SEC.25; P.L.19-1990, SEC.39.
IC 36-9-30-5.5
Contracts for incineration of waste
Sec. 5.5. (a) As used in this section, "waste" includes solid waste
and waste disposed of in conjunction with the disposal of solid
waste, as well as liquid waste (consisting of sludge from air and
water pollution control facilities or water supply treatment facilities)
when disposed of in conjunction with the disposal of solid waste.
(b) A unit may contract for twenty (20) years or less for the
incineration of waste.
As added by P.L.353-1985, SEC.1.
IC 36-9-30-6
Appropriations for acquisition, establishment, operation, and
maintenance of premises, facilities, and services
Sec. 6. The fiscal body of a unit acting under this chapter may
make appropriations for the acquisition, establishment, operation,
and maintenance of premises, facilities, and services for the
collection and disposal of solid waste. Appropriations under this
section may include amounts for employees, vehicles, and equipment
necessary or incidental to the collection or disposal of solid waste.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-7
Supervision and control of functions by works board
Sec. 7. (a) Except as provided in subsection (b), the:
(1) construction, acquisition, improvement, equipment, custody,
administration, operation, and maintenance of any facilities for
the collection and disposal of solid waste; and
(2) collection of revenues for the use and services of the
facilities;
are under the supervision and control of the works board of the unit.
(b) The legislative body of a municipality may provide by
ordinance that the functions described by subsection (a) are under the
supervision and control of the sanitary board or utility service board
of the municipality.
(c) As used in the following sections of this chapter, "board"
means the works board or other board performing the functions
described by subsection (a).
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-8
Contracts or agreements necessary to performance of board's
duties
Sec. 8. The board may take all steps and proceedings and enter
into all contracts or agreements necessary or incidental to the
performance of its duties and the execution of its powers under this
chapter. However, any contract relating to the financing of the
acquisition, construction, or purchase of facilities for the collection
and disposal of solid waste must be approved by the fiscal body of
the unit before it is effective.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-9
Personnel necessary in execution of board's powers and duties
Sec. 9. The board may employ, fix the compensation of, and
assign the duties of engineers, architects, inspectors, superintendents,
managers, collectors, attorneys, and other employees it considers
necessary in the execution of its powers and duties.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-10
Expenses
Sec. 10. All expenses incurred by the board in carrying out this
chapter shall be paid solely from money provided under this chapter.
The board may not bind itself or the unit beyond the extent to which
money has been or may be provided under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-11
Operation, management, and control of facilities
Sec. 11. After the:
(1) construction, installation, and completion; or
(2) acquisition;
of facilities for the collection and disposal of solid waste, the board
shall operate, manage, and control the facilities. The board may
extend and improve the facilities, if money is available for that
purpose under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-12
Adoption of rules
Sec. 12. The board shall adopt rules for the use and operation of
facilities constructed or acquired under this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-13
Operation of facilities
Sec. 13. The board shall do all things necessary or expedient for
the successful operation of facilities constructed or acquired under
this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-14
Contracts with other units desiring use of facility; cost and
expenses; term
Sec. 14. A unit constructing, acquiring, or maintaining facilities
for the collection and disposal of solid waste may contract with a unit
that wants to use the facilities for the payment of all or part of the
cost and expenses of the facilities, for any term not exceeding
twenty-five (25) years. A contract under this section must be
executed in accordance with IC 36-1-7.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-15
Methods of financing of facilities and land
Sec. 15. The acquisition, establishment, construction, installation,
operation, and maintenance of facilities and land for the collection
and disposal of solid waste may be financed through general
taxation, service fees, or a combination of these methods.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-16
Preliminary expenses; payment; procedure; reimbursement of
fund
Sec. 16. (a) All or part of the necessary preliminary expenses that
are incurred by a board and must be paid before the issuance and
delivery of revenue bonds under this chapter may be paid in the
manner provided by this section.
(b) The board may certify the items of expense to the fiscal officer
of the unit, who shall immediately draw a warrant or warrants to be
paid out of the unappropriated part of the general fund of the unit,
without a special appropriation being made. If the unit has no
unappropriated money in its general fund, the fiscal officer shall
recommend to the fiscal body of the unit:
(1) the temporary transfer from other funds of a sufficient
amount to meet the items of expense; or
(2) the making of a temporary loan for that purpose.
The fiscal body shall immediately make the transfer or authorize the
temporary loan.
(c) The fund or funds from which the payments are made shall be
fully reimbursed and repaid out of the first proceeds of the sale of
revenue bonds, and before any other disbursements are made from
those proceeds. The amount advanced to pay preliminary expenses
is a first charge against the proceeds resulting from the sale of the
revenue bonds until it has been repaid.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-17
Revenue bonds; issuance; interest rates; terms and conditions;
nature of bonds; sale
Sec. 17. (a) The unit may issue revenue bonds to provide all or
part of the money necessary to pay the costs of facilities acquired or
constructed under this chapter. The bonds, which are payable solely
from the fund established under section 18 of this chapter, must be
authorized by an ordinance of the fiscal body of the unit, setting forth
the terms and conditions of the bonds.
(b) The bonds may bear interest at any rate determined by the
ordinance, payable semiannually, and mature serially, either annually
or semiannually and beginning at the time and extending over the
period of years determined by the ordinance.
(c) The ordinance may include the terms and conditions
considered necessary and proper to protect the bondholders.
(d) The bonds shall be issued in the name of the unit, but they are
not a corporate indebtedness of the unit. The bonds must contain a
statement on their face that the unit is not obligated to pay them or
the interest on them, except from the fund established under section
18 of this chapter.
(e) The bonds are negotiable instruments.
(f) The bonds and the interest on them are exempt from all state,
county, and municipal taxation.
(g) The bonds shall be executed in the same manner as other
bonds issued by the unit are executed, and shall be sold in
accordance with IC 5-1-11 or at a negotiated sale.
(h) Bonds issued by a lessor corporation under this chapter shall
be sold in accordance with IC 5-1-11 or at a negotiated sale.
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.35-1990,
SEC.71.
IC 36-9-30-18
Revenue bonds; ordinance authorizing bond
Sec. 18. The ordinance authorizing the revenue bonds must also:
(1) establish a sinking fund for the payment of the bonds, the
interest on the bonds, and the charges of banks or trust
companies for making payment of the bonds or interest; and
(2) pledge the revenues of the facilities, after the payment of the
reasonable expense of operation, repair, and maintenance, into
the sinking fund at intervals to be determined by the ordinance,
for:
(A) the payment of interest on the bonds as it falls due;
(B) the payment of the bonds as they fall due; and
(C) the accumulation of reasonable reserves in the sinking fund
as a margin for safety and a protection against default, and for
the payment of premiums upon bonds retired by call or
purchase.
The required payments constitute a first charge upon the revenues of
the facilities, after the payment of the reasonable expense of
operation, repair, and maintenance.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-19
Revenue bonds; application of proceeds; costs of facility
Sec. 19. (a) All money received from any revenue bonds issued
under this chapter, after reimbursements for preliminary expenses
under section 16 of this chapter, shall be applied solely to the
payment of the costs of the facilities acquired or constructed under
this chapter. Any surplus of bond proceeds above that amount shall
be paid into the fund established under section 18 of this chapter.
The holders of the bonds have a lien on the money until it is applied
in the manner prescribed by this section.
(b) For purposes of this section, costs of the facilities include:
(1) the cost of all property and rights considered necessary or
convenient for installing, constructing, and equipping the
facilities;
(2) interest on bonds before and during the acquisition,
installation, construction, and equipment of the facilities, and
for six (6) months after the start of collection of fees under this
chapter;
(3) engineering and legal expenses;
(4) expenses for estimates of cost and revenues;
(5) expenses for surveys and plans;
(6) other expenses necessary or incidental to determining the
feasibility or practicability of the method or methods to be used
for the disposal of solid waste;
(7) administrative expenses; and
(8) other expenses necessary or incidental to financing under
this chapter.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-20
Revenue bonds; action to question validity and to protect and
enforce bondholders' rights
Sec. 20. (a) An action to question the validity of the revenue
bonds or to prevent their issuance may not be brought after the date
fixed for their sale.
(b) Any holder of any of the revenue bonds or the coupons
attached to them may bring any action necessary to:
(1) protect and enforce his rights under this chapter or the
ordinance authorizing the bonds; and
(2) enforce and compel performance of all duties required by
this chapter or the ordinance authorizing the bonds, including
the making and collecting of reasonable and sufficient fees for
the use of and services rendered by the facilities for the disposal
of solid waste.
However, the unit may not be compelled to pay fees on behalf of
other users or owners.
(c) If there is a failure to pay the principal or interest of any of the
bonds on the date named for payment, any court having jurisdiction
of the action may appoint a receiver to administer the facilities on
behalf of the unit and the bondholders. The receiver may:
(1) charge and collect from all users or owners fees sufficient
to provide for the payment of the expenses of operation, repair,
and maintenance;
(2) pay any bonds and interest outstanding; and
(3) apply the revenues in conformity with this chapter and the
ordinance authorizing the bonds.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-21
Fees for use of and service rendered by facilities
Sec. 21. (a) Except as provided in subsection (l), the fiscal body
of the unit owning, operating, and maintaining facilities for the
collection or disposal of solid waste may, by ordinance, establish and
maintain just and equitable fees for the use of and the service
rendered by the facilities.
(b) Except as provided in subsection (m), if the fiscal body of a
unit has authorized the issuance of revenue bonds under this chapter,
it shall, as long as the bonds are outstanding, establish and maintain
fees with respect to the facilities for which the bonds are issued.
(c) The aggregate amount of the required fees must be sufficient
to pay the cost of operation, repair, depreciation, and maintenance of
the facilities, and to pay the sums required to be paid into the bond
fund under this chapter.
(d) The ordinance may provide that the fees are payable:
(1) by either the users of the facilities, the owners of the
property served by the facilities, or the unit; or
(2) by the users, owners, and the unit in the proportions fixed by
the ordinance.
(e) Revenues collected under this section are considered revenues
of the facilities.
(f) The fees may not be established until after a public hearing at
which the users of the facilities, the owners of property served or to
be served by the facilities, and other interested parties have an
opportunity to be heard concerning the proposed fees and the
provisions concerning payment of the fees.
(g) After introduction of the ordinance fixing the fees and
providing for their payment, and before the ordinance is finally
adopted, notice of the hearing, setting forth the proposed schedule of
fees and the provisions concerning payment, shall be published in
accordance with IC 5-3-1.
(h) After the hearing, which may be adjourned from time to time,
the ordinance, as originally introduced or as amended, shall be
passed and put into effect. A copy of the schedule of fees established
shall be kept on file in the office of the board and in the office of the
fiscal officer of the unit. The fee schedule is a public record.
(i) The fees or the provisions for their payment may be changed
or readjusted in the manner by which they were originally
established. However, if the change or readjustment is made
substantially pro rata as to all classes of use or service, no hearing or
notice is required.
(j) If:
(1) a user of the facilities; or
(2) an owner of property served by the facilities;
does not pay a fee within thirty (30) days after it is due, the amount
of the fee, together with a penalty of ten percent (10%) and a
reasonable attorney's fee, may be recovered by the unit in a civil
action in the name of the unit.
(k) The unit is subject to the fees established under this chapter.
The unit shall pay the fees when due. The payments are considered
part of the revenues of the facilities.
(l) This subsection applies to a county having a population of
more than fifty thousand (50,000) but less than fifty-five thousand
(55,000). The county executive owning, operating, and maintaining
facilities for the collection or disposal of solid waste may, by
ordinance, establish and maintain just and equitable fees for the use
of and the service rendered by the facilities.
(m) If the fiscal body of a county that is subject to subsection (l)
has authorized the issuance of revenue bonds under this chapter, the
county executive shall, as long as the bonds are outstanding,
establish and maintain fees with respect to the facilities for which the
bonds are issued.
As added by Acts 1981, P.L.309, SEC.106. Amended by Acts 1981,
P.L.45, SEC.92; P.L.102-1987, SEC.2; P.L.12-1992, SEC.188;
P.L.170-2002, SEC.171.
IC 36-9-30-22
Solid waste disposal nonreverting capital fund
Sec. 22. (a) At the request of the board, the fiscal body of the unit
may, by ordinance, establish a solid waste disposal nonreverting
capital fund.
(b) Capital for the fund consists of:
(1) deposits by the board of the revenues of its facilities that
remain after payment of expenses, in an amount determined by
the fiscal body upon the recommendation of the board; and
(2) appropriations of money derived from user fees, in an
amount determined by the fiscal body.
(c) After an appropriation by the fiscal body, the board may use
the fund for:
(1) acquisition of property and other rights;
(2) installing, constructing, equipping, expanding, modifying,
or remodeling new or existing facilities; or
(3) engineering, legal, surveying, estimating, appraising,
planning, designing, and other expenses necessary to determine
the feasibility of implementing solid waste disposal methods.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-23
Garbage grinders
Sec. 23. (a) A garbage grinder may not be installed on any private
property under this chapter unless the property owner and the tenant,
if any, files a written request for garbage disposal service and the
installation of a garbage grinder.
(b) The users of garbage grinders may discontinue the service at
any time by filing a written request for the discontinuance of the
service with the board.
(c) All property rights in the garbage grinders remain in the unit.
The unit may remove a garbage grinder upon the discontinuance of
the service by the user or if any fees are not paid within thirty (30)
days after they are due.
(d) The users of garbage grinders are responsible for any damages
to the grinders, except for ordinary wear and tear.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-24
Lease with option to purchase facilities; terms and conditions
Sec. 24. (a) A unit may enter into a lease with option to purchase
of solid waste disposal facilities inside or outside the corporate
boundaries of the unit. However, a lease with an option to purchase
may not be entered into for a term of more than thirty (30) years
unless:
(1) the lessor is a corporation organized under Indiana law or
admitted to do business in Indiana;
(2) a petition for the lease, signed by fifty (50) or more resident
taxpayers of the unit, has been filed with the board; and
(3) the board has, after investigation, determined that there is a
need for the facilities.
The terms and conditions of the option to purchase must be specified
in the lease.
(b) A lease under this section may provide that as a part of the
lease rental for the solid waste disposal facilities, the unit agrees to:
(1) pay all taxes and assessments levied against or on account
of the leased property;
(2) maintain insurance on the leased property for the benefit of
the lessor corporation; and
(3) assume all responsibilities for repair and alterations of the
leased property during the term of the lease.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-25
Lease with option to purchase facilities; hearing; notice;
authorization to execute lease
Sec. 25. (a) After the lessor corporation and the unit have agreed
upon the terms and conditions of a lease under section 24 of this
chapter, and before the final execution of the lease, notice of a
hearing to be held before the board shall be given to all interested
persons. The hearing may not be earlier than ten (10) days after the
publication of notice.
(b) The notice of hearing shall be published one (1) time in the
manner prescribed by IC 5-3-1. The notice must name the day, place,
and hour of the hearing and set forth a brief summary of the principal
terms of the lease, including the location and name of the proposed
lessor corporation, the character of the property to be leased, the
rental to be paid, the term of the lease, and a summary of the terms
of purchase under the option. The cost of publication shall be paid by
the lessor corporation.
(c) The proposed lease, drawings, plans, specifications, and
estimates for the solid waste disposal facilities shall be kept available
for inspection by the public during the ten (10) day period and at the
meeting.
(d) At the hearing, which may be adjourned from time to time, all
interested persons are entitled to be heard upon the necessity for the
execution of the lease and upon the fairness and reasonableness of
the rental and purchase price provided for in the lease.
(e) After the hearing, the board may authorize the execution of the
lease as originally agreed upon or make the modifications in the lease
that are agreed upon with the lessor corporation. However, the lease
rental or purchase price as set out in the published notice may not be
increased.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-26
Lease with option to purchase facilities; notice of date of execution
of lease
Sec. 26. When the execution of a lease is authorized under section
25 of this chapter, the board shall give at least ten (10) days' notice
of the date upon which the lease will be executed. The notice shall
be published one (1) time in the manner prescribed by IC 5-3-1. An
action to contest the validity of the lease or to enjoin the performance
of any of the terms and conditions of the lease may not be brought
after the execution of the lease.
As added by Acts 1981, P.L.309, SEC.106. Amended by
P.L.169-2006, SEC.81.
IC 36-9-30-27
Lease with option to purchase facilities; lessor corporation;
payment
Sec. 27. In anticipation of the acquisition of a site and the
construction and erection of solid waste disposal facilities, including
the necessary equipment and appurtenances, a unit may enter into a
lease with option to purchase with a lessor corporation, subject to the
approval of the department of local government finance. Such a lease
may not provide for the payment of any lease rental by the lessee
until the facilities are completed and ready for solid waste disposal.
The lessor corporation shall agree in the lease to furnish a bond
satisfactory to the lessee and conditioned upon final completion of
the facilities within the period specified in the lease, except for
unavoidable delays.
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.90-2002,
SEC.515.
IC 36-9-30-28
Lease with option to purchase facilities; erection of facility on land
owned by unit
Sec. 28. A unit that wants to have solid waste disposal facilities
erected on land owned or to be acquired by the unit may:
(1) sell that land to the lessor; or
(2) lease that land to the lessor for a nominal rental for the same
period of years that the unit leases the facilities, and grant an
option to the lessor to purchase the land within six (6) months
after the termination of the lease of the facilities if the unit
defaults under the terms of the lease and the lease is terminated.
If the option price on the land is not fixed in the original lease, the
circuit court for the county shall appoint three (3) appraisers who
reside in the unit to determine the price to be paid for the land under
the option.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-29
Lease with option to purchase facilities; submission of plans,
specifications, and estimates; preliminary engineering design work
Sec. 29. (a) A lessor corporation proposing to build solid waste
disposal facilities, including the necessary equipment and
appurtenances, shall, after the execution of the lease, submit to the
unit plans, specifications, and estimates for the facilities. The plans
and specifications shall be submitted to the state department of
health and must be approved in writing by the state department and
by the unit before the execution of the lease.
(b) This section does not prohibit the unit from contracting for the
preliminary engineering design work necessary to initiate the
planning and engineering of the solid waste disposal facilities, and
making provisions for payment for these services.
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.2-1992,
SEC.895.
IC 36-9-30-30
Lease with option to purchase facilities; annual tax levy; review of
levy
Sec. 30. A unit that wants to lease solid waste disposal facilities
under this chapter shall annually levy a tax sufficient to produce the
money required to pay the rental stipulated in the lease. The levy
may be reviewed by other bodies vested by law with that authority,
in order to ascertain that the levy is sufficient to raise the amount
required under the lease.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-31
Lease with option to purchase facilities; tax exemption
Sec. 31. A solid waste disposal facility leased by a lessor
corporation to a unit under this chapter is exempt from all state,
county, and other taxes, including all sales and use taxes applicable
to tangible personal property incorporated or to be incorporated in
the facility. However, the rental paid to a lessor corporation under
the terms of such a lease is subject to all applicable taxes.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-32
Lease with option to purchase facilities; exercise of option;
nonexercise of option; extension of lease
Sec. 32. (a) If a unit exercises an option to purchase contained in
a lease under section 24 of this chapter, it may pay the purchase price
of the facilities purchased with money obtained from bonds issued
and sold under the statutes governing the issue and sale of bonds of
the unit.
(b) If the unit does not exercise the option to purchase at the
expiration of the lease, the solid waste disposal facilities covered by
the lease become the absolute property of the unit upon the unit's full
discharge and performance of its obligations under the lease. The
lessor corporation shall execute proper instruments conveying to the
unit good and merchantable title to the facilities.
(c) If the unit does not exercise the option to purchase, then the
board, subject to the approval of the fiscal body of the unit, may
extend the lease of the solid waste disposal facility for the term, not
to exceed a period equal to the term of the original lease, and for the
consideration agreed to by the parties to the original lease or their
assignees. At the end of the extension period, the facility covered by
the lease becomes the absolute property of the unit, and the lessor
corporation shall execute all proper instruments to convey the facility
to the unit.
As added by Acts 1981, P.L.309, SEC.106.
IC 36-9-30-33
Adoption of rules
Sec. 33. The solid waste management board may adopt rules
under IC 4-22-2 to carry out this chapter.
As added by Acts 1981, P.L.309, SEC.106. Amended by
P.L.143-1985, SEC.204.
IC 36-9-30-34
Statutes, ordinances, or rules
Sec. 34. Action taken by the department of environmental
management under this chapter does not limit the powers of other
governmental entities to make or enforce other statutes, ordinances,
or rules for the storage, collection, removal, or disposal of solid
waste, if they do not conflict with this chapter. For purposes of this
section, the provisions of this chapter shall be construed as
cumulative or alternative.
As added by Acts 1981, P.L.309, SEC.106. Amended by
P.L.143-1985, SEC.205.
IC 36-9-30-35
Methods of disposal; necessity of compliance with laws and rules;
operation of nuisance inimical to human health; Class C infraction;
injunctive or mandatory relief
Sec. 35. (a) Solid waste may be disposed of on land only through
use of sanitary landfills, incineration, composting, garbage grinding,
or other acceptable methods approved by the department of
environmental management in accordance with rules adopted by the
solid waste management board. A person may not operate or
maintain an open dump.
(b) A person may not operate or maintain facilities for the
collection and disposal of solid waste, except as set out in section 4
of this chapter or under rules adopted by the solid waste management
board.
(c) Failure to comply with this section constitutes the operation of
a nuisance inimical to human health. A prosecuting attorney who
receives a report of such a failure from the department of
environmental management, a solid waste management district, or a
local health officer shall cause appropriate court proceedings to be
instituted.
(d) A person who fails to comply with this section commits a
Class C infraction. If the violation is of a continuing nature, each day
of failure to comply constitutes a separate infraction.
(e) The department of environmental management may bring
proceedings for injunctive or mandatory relief through the attorney
general against any person (including any agency of the state or
federal government) for failure to comply with this section.
As added by Acts 1981, P.L.309, SEC.106. Amended by
P.L.143-1985, SEC.206; P.L.33-1992, SEC.22.
IC 36-9-30-36
Repealed
(Repealed by P.L.40-1999, SEC.3.)