Chapter 13.08
SOLID WASTE MANAGEMENT DISTRICT
Sections:
13.08.020 Creation of county solid waste management.
13.08.050 Solid waste management advisory committee.
13.08.010 Definitions.
A. As used in this chapter:
“Act” means House Enrolled Act 1240, adopted at the Second Regular Session of the 106th Indiana General Assembly, as the act may be amended from time to time.
“Advisory committee” means the solid waste management advisory committee of citizens appointed and convened by the board.
“Board” means the duly appointed and acting board of directors of the district.
“City of Evansville” means the city of Evansville, Indiana.
“Commissioners” means the duly elected and acting members of the board of commissioners of Vanderburgh County, Indiana.
“County” means Vanderburgh County, Indiana.
“County auditor” means the duly elected and acting auditor of the county under IC 36-2-92-2.
“County council” means the county council of the county.
“District” means the county solid waste management district for the county as designated and created by this chapter.
“Evansville common council” means the common council of the city of Evansville.
“Mayor of Evansville” means the duly elected and acting mayor of the city of Evansville.
B. Terms Defined in Act. Any term used in this chapter, which is not defined herein, shall have the same meaning as ascribed to it under the Act.
(Ord. dated 5/6/91 § 1)
13.08.020 Creation of county solid waste management.
The county designates itself as a single county solid waste management district under the Act. Pursuant to IC 13-9.5-2, there is established the “Vanderburgh County solid waste management district.” All the incorporated and unincorporated territory of the county shall be included in the district.
(Ord. dated 5/6/91 § 2)
13.08.030 Powers of district.
A. The powers of the district include the following:
1. Development and implement a district solid waste management plan under IC 13-9.5-4;
2. Impose district fees on the final disposal of solid waste within the district under IC 13-9.5-6 and IC 13-9.5-7;
3. Receive and disburse funds;
4. Sue and be sued;
5. Borrow money from the district planning revolving loan fund under IC 13-9.5-10;
6. Plan, design, construct, finance, manage, own, lease, operate and maintain facilities for solid waste management;
7. Enter with any person into a contract or agreement that is necessary or incidental to the management of solid waste. Contracts or agreements that may be entered into under this subdivision include those for:
a. The design, construction, operation, financing, ownership or maintenance of facilities by the district or any other person,
b. The management or disposal of solid waste, or
c. The sale or disposition of materials or products generally by a facility.
Notwithstanding any other statute or ordinance, the maximum term of a contract or agreement described in this subdivision may not exceed forty (40) years;
8. Enter into agreements for the leasing of facilities in accordance with IC 36-1-10 or IC 36-9-30;
9. Purchase, lease or otherwise acquire real or personal property for the management or disposal of solid waste;
10. Sell or lease any facility or part of a facility to any person;
11. Make and contract for plans, surveys, studies and investigations necessary for the management or disposal of solid waste;
12. Enter upon property to make surveys, soundings, borings and examinations;
13. Accept gifts, grants or loans of money, or other property, or services from any source, public or private; and to comply with the terms of the gift, grant or loan;
14. Levy a tax within the district to pay costs of operation in connection with solid waste management, subject to regular budget and tax levy procedures;
15. Borrow in anticipation of taxes;
16. Hire the personnel necessary for the management of disposal solid waste in accordance with an approved budget and to contract for professional services;
17. Otherwise do all things necessary for the reduction, management and disposal of solid waste and the recovery of solid waste products from the solid waste stream;
18. Adopt resolutions that have the force of law;
19. Any other power authorized by the Act. (Ord. dated 5/6/91 § 3)
13.08.040 Board of directors.
A. Creation and Duties. A board of directors for the district is created.
B. Membership. The board shall consist of the following members:
1. Three members appointed by the county commissioners from its membership;
2. One member appointed by the county council from its membership;
3. The mayor of Evansville;
4. One member appointed by the Evansville common council from its membership;
5. One member:
a. Who is the executive of a city in the county that is not the city of Evansville, or
b. Who is a member of the fiscal body of a town that is not the city of Evansville, and who is appointed by the county commissioners to represent the municipalities in the county other than the city of Evansville.
C. Term of Office. The term of office of a member of the board who is appointed from the membership of an executive, legislative or fiscal body under this section is coextensive with the member’s term of office on that body. The term of office of other appointed members of the board is two years. All board members serve at the pleasure of the appointing authority.
D. Selection of Chairperson and Vice-Chairperson. The board at its first meeting and from time to time thereafter, shall select a chairperson and a vice-chairperson from its membership.
E. Fiscal Officer of Board. The board shall select either the county auditor or the fiscal officer of a municipality located within the district to serve as the fiscal officer of the board.
(Ord. dated 5/6/91 § 4)
13.08.050 Solid waste management advisory committee.
The board shall appoint and convene a solid waste management advisory committee of citizens, including representatives of the solid waste management industry operating in the district, who are knowledgeable about and interested in environmental issues. All members of the advisory committee must be residents of the district. In the resolution establishing the advisory committee, the board shall specify the terms of the members and the purposes of the committee. The advisory committee shall do the following:
A. Study the subjects and problems specified by the board and recommend to the board additional problems in need of study and discussion;
B. If invited by the board to do so, participate, without the right to vote, in the deliberations of the board;
C. Report only to the board and make inquiries and reports only on the subjects and problems specified by the board’s resolutions establishing the committee.
(Ord. dated 5/6/91 § 5)