Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units except townships. (b) Section 5.3 of this chapter applies only to: (1) cities that are not consolidated cities; and (2) towns. [Pre-Local Government Recodification Citations: 19-2-1-1; 19-2-1-3 part; 19-2-6-1 part.] As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.37-2022, […]
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. [Pre-Local Government Recodification Citations: 19-2-1-7 part; 19-2-1-12 part.] […]
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. [Pre-Local Government Recodification Citation: 19-2-1-7 part.] […]
Sec. 12. The board shall adopt rules for the use and operation of facilities constructed or acquired under this chapter. [Pre-Local Government Recodification Citation: 19-2-1-7 part.] As added by Acts 1981, P.L.309, SEC.106.
Sec. 13. The board shall do all things necessary or expedient for the successful operation of facilities constructed or acquired under this chapter. [Pre-Local Government Recodification Citation: 19-2-1-7 part.] As added by Acts 1981, P.L.309, SEC.106.
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 […]
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. [Pre-Local Government Recodification Citations: 19-2-1-9; 19-2-1-12 part.] As added by Acts 1981, P.L.309, SEC.106.
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 […]
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 […]
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 […]
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 […]
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, […]
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 the […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
