5.
(a)This section does not apply to the
following:
(1)The continuation of waste management services that a solid
waste district provides with its facilities or work force before
March 15, 1996.
(2)Waste management services provided to the district under an
agreement entered into by the district before March 15, 1996,
with another person until the agreement terminates by its terms or
is terminated for cause.
(3)The development, operation, and contracting for the
development or operation of a publicly owned solid waste landfill
in a county having a population of more than one hundred twelve
thousand (112,000) and less than one hundred twenty thousand
(120,000). The operation of the landfill must have begun before
July 1, 2001.
(4)A contract entered into between the board and a third pa
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5. (a) This section does not apply to the
following:
(1) The continuation of waste management services that a solid
waste district provides with its facilities or work force before
March 15, 1996.
(2) Waste management services provided to the district under an
agreement entered into by the district before March 15, 1996,
with another person until the agreement terminates by its terms or
is terminated for cause.
(3) The development, operation, and contracting for the
development or operation of a publicly owned solid waste landfill
in a county having a population of more than one hundred twelve
thousand (112,000) and less than one hundred twenty thousand
(120,000). The operation of the landfill must have begun before
July 1, 2001.
(4) A contract entered into between the board and a third party
before May 1, 1997, for the development or operation of a solid
waste landfill in a county having a population of more than four
hundred thousand (400,000) and less than seven hundred
thousand (700,000). The third party is limited to those parties that
submitted proposals to the board under a formal request for
proposals that were selected by the board, before December 1,
1995, as finalists in the contract negotiations.
(5) A contract between a board and a third party to operate a
facility that is owned by the district and for which construction
was substantially complete before March 1, 1996.
(6) Activities conducted as part of household hazardous waste (as
defined in IC 13-11-2-104) collection and disposal projects.
(7) A contract executed before April 1, 1998.
(b) Except as provided in subsection (c), a district may not:
(1) undertake to provide waste management services by means of
its own work force; or
(2) contract with any person to provide waste management
services.
(c) A district may perform the activities described in subsection (b):
(1) if:
(A) the board is able to adopt a resolution under subsection (d);
and
(B) a private sector entity is not willing or able to provide waste
management services at a reasonable cost to the district; or
(2) if the district is requested to do so by a unit of government that
performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district
must either provide waste management services by means of its own
work force or contract with a person to provide waste management
services, only if the board finds that:
(1) the waste management service is not currently available in the
district at a reasonable cost; and
(2) providing the waste management service by means of its own
work force or by contract will benefit the public health, welfare,
and safety of residents of the district.
The board's determination must be supported with findings of fact.
(e) A district shall provide notice by publication under IC 5-3-1 and
at the time of publication serve by first class mail to any person that
delivers to the district an annual written request for notices before
January 1 of any meeting to consider adoption of a resolution making
a preliminary determination that it is necessary for the district to
undertake to provide waste management services by means of its own
work force or contract with any person to provide waste management
services.
(f) Whenever a district evaluates the reasonableness of cost under
this section, it shall:
(1) compare the cost of the same level of service provided in the
district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services
with its own facilities or work force, the district must disclose the
entire cost of providing the service by the district, including the
following:
(A) Subsidies arising from taxes, fees, grants, or
intergovernmental transfers.
(B) In-kind contributions of real estate, interests in real estate,
equipment, personnel, or other assets.
(C) Discounts.
(D) Tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a
district to perform more than one (1) solid waste recycling, collection,
or disposal event in the manner described in subsection (b) if:
(1) the duration of each event authorized by the resolution is not
more than one (1) day; and
(2) all events authorized by the resolution will take place in one
(1) calendar year.