2011 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 20. SOLID WASTE MANAGEMENT
CHAPTER 23. MUNICIPAL WASTE DISPOSAL FEES
Chapter 23. Municipal Waste Disposal Fees
IC 13-20-23-1
Applicability of chapter
Sec. 1. This chapter applies to townships located in a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
As added by P.L.133-1998, SEC.6.
IC 13-20-23-2
Funds from disposal fees received by townships
Sec. 2. A township that has one (1) of the following populations and meets the requirements of section 3 of this chapter is entitled to receive the following percentage of disposal fees paid to the county in which the township is located:
Township Population Percentage
Less than 3,000 8%
More than 3,200 6%
but less than 3,900
More than 60,000 6%
but less than 90,000
As added by P.L.133-1998, SEC.6. Amended by P.L.170-2002, SEC.88.
IC 13-20-23-3
Township resolutions to receive funds from disposal fees
Sec. 3. To receive funds under section 2 of this chapter, the fiscal body of a township must do both of the following:
(1) Adopt a resolution that:
(A) identifies the host agreement that is the subject of the resolution;
(B) states that the township has elected to exercise its entitlement under section 2 of this chapter;
(C) states the percentage of the disposal fees the township elects to receive; and
(D) specifies that the disposal fees will be used to provide fire services within the township.
(2) File the resolution with the county auditor.
As added by P.L.133-1998, SEC.6.
IC 13-20-23-4
Review and determination of township resolutions
Sec. 4. (a) Not more than thirty (30) days after the date a county auditor receives a resolution filed under section 3(2) of this chapter, the county auditor shall review the resolution for compliance with the requirements of sections 2 and 3 of this chapter. If the resolution meets all of the requirements, the county auditor shall:
(1) inform the county fiscal body and the township fiscal body; (2) accrue disposal fees from the date the resolution is determined to be in compliance with sections 2 and 3 of this chapter under this subsection or subsection (b); and
(3) disburse the accrued disposal fees to the township, in the amount requested, on a quarterly basis.
(b) If the county auditor fails to make a determination concerning a resolution within the time allotted under subsection (a):
(1) the resolution is deemed to be in compliance with the requirements of sections 2 and 3 of this chapter; and
(2) the county auditor shall comply with subsection (a).
As added by P.L.133-1998, SEC.6.