§ 36-9-31-2 — Definitions

As used in this chapter:
"Board" refers to the board of public works of the consolidated city,
subject to IC 36-3-4-23.
"Byproduct" means energy and materials from wastes in a form that
will allow their reuse.
"Byproduct recovery facility" means a facility for the systematic
separation and recovery of energy and recyclable material from waste.
"Cost" as applied to a facility, or any part of a facility, includes the
cost of construction, modification, or acquisition of the facility, or any
part of it, financing charges, interest before and during construction
and for one (1) year after commencement of operation of the facility,
cost of funding any reserves to secure the payment of principal and
interest on the bonds, cost of funding any operation and maintenance
reserve fund, cost of funding any major repair or replacement fund,
legal and underwriting expenses, plans, specifications, surveys,
estimates of costs and revenues, other expenses necessary or incident
to determining the feasibility or practicability of constructing the
facility, administrative expense, and such other expenses as may be
necessary or incident to the construction, modification, or acquisition
of the facility, the financing of the construction, modification, or
acquisition, and the placing of the facility in operation.
"Developer" means any person that proposes to enter into or has
entered into a financing agreement with the consolidated city for
financing a facility and that proposes to enter into or has entered into
a separate agreement with some other person for the use and operation
of the facility so financed.
"Disposal" includes the treatment of as well as the placing,
processing, confining, compacting, storing, or covering of waste.
"Facility" means any facility, plant, works, system, building,
structure, improvement, machinery, equipment, fixture, or other real or
personal property that is to be used, occupied, or employed for the
storage, processing, or disposal of waste or the recovery and marketing
by any means of any byproduct, such as recycling centers, transfer
stations, trucks, bailing facilities, rail haul or barge haul facilities,
processing systems, byproduct recovery facilities or other facilities for
reducing waste volume, sanitary landfills, plants and facilities for
compacting, composting, or pyrolization of wastes, incinerators, and
other waste disposal, reduction, or conversion facilities or any
combination thereof. The term excludes any energy generating facility
that does not rely on waste as its primary fuel source and any facility
regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13
through IC 13-22-14.
"Financing agreement" includes an agreement between the
consolidated city and a developer or between a developer or user, or
both, concerning the financing of, the title to, or possession of facilities,
or both, and payments to the city in respect thereof.
"Grant" means money to be received from the federal government
or any of its agencies, or the state or any of its agencies, intended to be
used for the construction, modification, or acquisition of waste disposal
facilities. The term also includes federal revenue-sharing money to
which the consolidated city is entitled.
"Net revenues" means the amount of revenues received by the
consolidated city from the operation and ownership of facilities less the
reasonable expenses of the operation, repair, and maintenance of these
facilities.
"Processing" means an operation for the purpose of modifying the
characteristics or properties of waste to facilitate transportation of,
disposal of, or the recovery of byproducts from waste.
"Proposal" means a written response to a request for proposals.
"Proposer" means any person that has submitted a proposal in
response to a request for proposals issued to the person by the board.
"Public notice" means a notice published in accordance with IC 5-3-1.
"Put or pay contract" means a contract entered into by the
consolidated city with any person whereby the city guarantees the
provision of a specified amount of waste to the person and the city is
obligated to pay the person a specified amount for waste that is not so
provided.
"Request for proposals" means an invitation to submit a proposal to
the consolidated city for the construction, modification, acquisition,
operation, or combination of any of these, of the facility under section
4 of this chapter.
"Request for qualifications" means an invitation by the consolidated
city to any person to submit qualifications in order to qualify to submit
a proposal.
"Revenue bonds" means bonds issued under section 10 of this
chapter.
"Revenues" means the amounts received by the consolidated city
from the operation or ownership of facilities, including amounts
received from the collection of fees under section 8 of this chapter,
amounts received under financing agreements under section 11 of this
chapter, tipping fees, lease rentals, and amounts received from the sale
or other disposition of byproducts, but not including any amounts
derived from the levy of taxes.
"Service district" means the solid waste collection special service
district created by IC 36-3-1-6.
"Solid waste" has the meaning set forth in IC 36-9-30-2, except that
the term excludes sewage and other highly diluted water-carried
materials or substances and those in gaseous forms, excludes waste
when the waste is to be reused or reclaimed as salvage, and excludes
waste regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13
through IC 13-22-14.
"Tipping fees" means the charge by any person for the disposal of
waste at a facility.
"User", for purposes of section 11 of this chapter only, means a
person that has entered into a financing agreement with the
consolidated city, or with a developer, in contemplation of the user's
use and operation of the facilities referred to in the agreement.
"Waste" includes solid waste and water disposed of in conjunction
with the disposal of solid waste, as well as liquid waste (consisting of
sludge from air or water pollution control facilities or water supply
treatment facilities), when disposed of in conjunction with the disposal
of solid waste.
"Waste disposal development bonds" means bonds issued under
section 11 of this chapter.
"Waste disposal district" means the waste disposal special taxing
district referred to in IC 36-3-1-6.
"Waste disposal district bonds" means bonds issued under section
9 of this chapter.
As added by Acts 1982, P.L.77, SEC.27. Amended by
P.L.1-1996, SEC.95.