§ 13-21-5-21 — Withdrawal or removal of counties from joint districts; plan requirements; notice of noncompliance

Indiana § 13-21-5-21

• Jurisdiction: Indiana
• Art. 21: SOLID WASTE MANAGEMENT DISTRICTS
• Ch. 5: District Solid Waste Management Plan

Text

(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.
[Pre-1996 Recodification Citation: 13-9.5-4-13.]

Legislative History

As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.10.