§ 13-26-8-4 — Addition of territory to regional sewage or solid waste district other than at request of eligible entity

(a) This section applies to the addition of
territory to a regional sewage or solid waste district other than at the
request of an eligible entity described in section 1 of this chapter. This
section does not apply to a regional water district.
(b) To add territory to a district already established, the board of the
district must file with the department a motion adopted by the board
requesting the addition of territory to the district. If the motion is for
the addition of territory to a regional sewage district, the board, not
later than ten (10) days after filing the motion with the department,
must also file a copy of the motion in the office of:
(1) the executive of each governmental entity having territory
within the territory proposed to be added to the regional sewage
district; and
(2) the executive of a city or town having:
(A) a municipal sewage works under IC 36-9-23; or
(B) a public sanitation department under IC 36-9-25;
if the territory proposed to be added to the regional sewage
district includes territory within the extraterritorial jurisdiction of
the municipal sewage works or public sanitation department.
(c) Except as provided under subsections (d) and (e), if a motion is
filed with the department under subsection (b):
(1) the same procedure must be used to add territory to the district
as is provided for the establishment of a district under IC 13-26-2;
and
(2) the department shall proceed in the same manner that is set
forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.
(d) Not more than one hundred eighty (180) days after the date a
motion is filed with the department under subsection (b) to add
territory to a district already established, if a petition is filed with the
department that is signed by a majority of the freeholders within the
area proposed to be added and indicating that the freeholders are
opposed to the addition of the area by the district:
(1) the department may not proceed under subsection (c); and
(2) the territory may not be added to the district.
(e) For purposes of subsection (c):
(1) the commissioner is not required to appoint a hearing officer
under IC 13-26-2-5;
(2) the board shall:
(A) provide the notice of; and
(B) conduct;
the hearing required under IC 13-26-2-6; and
(3) instead of making findings and recommendations under IC 13-26-2-8, the board shall submit documentary evidence to the
commissioner to prove the:
(A) notice was provided; and
(B) hearing was conducted;
by the board as required under subdivision (2).

Legislative History

As added by P.L.123-2011, SEC.3. Amended by P.L.292-2013, SEC.9; P.L.165-2018, SEC.5.