§ 36-7-29-12 — Powers and duties of boards

Indiana § 36-7-29-12

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 29: Local Environmental Response Financing

Text

(a) The board may:
(1) receive and disburse funds;
(2) sue and be sued;
(3) plan, finance, and manage substance removal or remedial
action at qualified sites;
(4) make and contract for plans, surveys, studies, and
investigations necessary for the purpose of substance removal or
remedial action at qualified sites;
(5) enter upon property to make surveys, soundings, borings, and
examinations;
(6) acquire by negotiation any property or rights or interest in
property reasonably required for substance removal or remedial
action under the bond resolution without following any other
statutory procedures for that acquisition;
(7) accept gifts, grants, or loans of money, other property, or
services from any source, public or private, and comply with the
terms of the gift, grant, or loan;
(8) borrow in anticipation of taxes;
(9) contract for professional services;
(10) enter into an interlocal cooperation agreement under IC 36-1-7 to obtain funds for:
(A) fiscal;
(B) administrative;
(C) managerial; or
(D) operational;
services from a county or municipality;
(11) conduct or contract for ongoing site maintenance, leachate
collection, and long term monitoring at a qualified site after the
substance removal or remedial action is complete;
(12) enter into an agreement with a state or federal agency that
regulates remedial action or removal;
(13) pursue all legal remedies available as to other responsible
persons who are not participating in the financing of the substance
removal or remedial action through payment of property taxes
that, in the sole judgment of the board, are commensurate with the
responsible person's past use of the qualified site; and
(14) otherwise do all things necessary or proper to accomplish the
purposes of this chapter.
(b) This subsection applies to a district located in a county described
in section 1(2) of this chapter. In addition to the powers set forth in
subsection (a), the board may levy a tax within the district to pay the
costs of operation of the district, subject to regular budget and tax levy
procedures. However, the maximum amount of taxes levied each year
may not exceed fifty thousand dollars ($50,000). The tax described in
this subsection shall not be levied after substance removal and remedial
action at a qualified site have been completed.
(c) Money recovered by the district from responsible persons shall
be used for any of the following:
(1) To redeem bonds issued under section 13 of this chapter.
(2) To pay debt service on bonds issued under section 13 of this
chapter.
(3) To reimburse a unit in the district for costs associated with
removal or remediation at the qualified site prior to the issuance
of bonds issued under section 13 of this chapter.
(4) To pay ongoing costs of the district associated with
remediation or removal.

Legislative History

As added by P.L.44-1994, SEC.11.