§ 13-21-3-14 — Powers of district; exclusions

Indiana § 13-21-3-14

• Jurisdiction: Indiana
• Art. 21: SOLID WASTE MANAGEMENT DISTRICTS

Text

(a) This section does not apply to a contract
executed before April 1, 1998.
(b) Except as provided in subsection (d) and section 14.5 of this
chapter, the powers of a district do not include the following:
(1) The power of eminent domain.
(2) Except as provided in subsection (c), the power to exclusively
control the collection or disposal of any solid waste or recyclables
within the district by means that include the following:
(A) Franchising.
(B) Establishing a territory or territories within the district in
which a person may provide service.
(3) The power to establish the type of service that a person must
provide for the collection or disposal of solid waste or recyclables
within the district.
(4) The power to establish fees that a person must charge for the
collection or disposal of solid waste or recyclables within the
district.
(5) The power to issue permits for an activity that is already
permitted by a state agency, except as expressly granted by
statute.
(6) Except as provided in subsection (e), the power to:
(A) register;
(B) issue a permit for; or
(C) license;
a vehicle as a condition of allowing a solid waste hauler to render
services within the district.
(c) If one (1) or more of the governmental entities in a district, at the
time of the formation of the district, is a party to a contract providing
that the persons contracted with have the exclusive right to collect or
dispose of solid waste within the jurisdiction of the governmental
entity, the district may enter into an extension of that contract.
(d) Subsection (b) does not apply to activities conducted as part of
a household hazardous waste collection and disposal project.
(e) A district that was:
(1) registering, issuing a permit for, or licensing vehicles as a
condition of allowing a solid waste hauler to render services
within the district on January 1, 2013:
(A) may continue to register, issue a permit for, or license the
vehicles until January 1, 2015; and
(B) may not register, issue a permit for, or license the vehicles
after December 31, 2014; and
(2) levying a charge or fee on January 1, 2013, for registering,
issuing a permit for, or licensing vehicles as a condition of
allowing a solid waste hauler to render services within the district:
(A) may continue to levy the charge or fee until January 1,
2015; and
(B) may not levy the charge or fee after December 31, 2014.
[Pre-1996 Recodification Citation: 13-9.5-2-11(b),
(c).]

Legislative History

As added by P.L.1-1996, SEC.11. Amended by P.L.125-1996, SEC.6; P.L.110-1998, SEC.2; P.L.231-2003, SEC.3; P.L.220-2011, SEC.284; P.L.116-2013, SEC.1.