2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 26. REGIONAL WATER, SEWAGE, AND SOLID WASTE DISTRICTS
CHAPTER 4. BOARD OF TRUSTEES OF REGIONAL DISTRICTS
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IC 13-26-4
Chapter 4. Board of Trustees of Regional Districts
IC 13-26-4-1
Members
Sec. 1. The board of trustees of a district is the governing body of
the district. A board may consist of:
(1) three (3);
(2) five (5);
(3) seven (7);
(4) nine (9);
(5) eleven (11); or
(6) thirteen (13);
trustees.
As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.2.
IC 13-26-4-2
Elections; vacancies
Sec. 2. An order establishing a district may provide for the board
to be elected by the voters in the district from districts or wards or
from the district at large. Elections and provisions for filling
vacancies must be in accordance with IC 3, with the commissioner
or the commissioner's designees performing the functions of the
election officials.
As added by P.L.1-1996, SEC.16.
IC 13-26-4-3
Appointments
Sec. 3. Instead of electing the board, an order establishing a
district may provide for appointments to the board by the elected
executive or legislative officers of the eligible entities having
territory in the district.
As added by P.L.1-1996, SEC.16.
IC 13-26-4-4
Number of trustees; appointments by the governor or
commissioner of the department of correction
Sec. 4. (a) If:
(1) a district will include territory in more than one (1) county;
(2) a county executive has filed a petition for a district
including territory owned, leased, or controlled by the
department of natural resources; or
(3) the department of natural resources has filed a petition;
the order establishing the district may provide that the governor
appoints any number of trustees, but less than one-half (1/2) of the
total.
(b) If a district contains or a proposed district will contain a state
correctional facility, the department, when:
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(1) issuing an order establishing the district under
IC 13-26-2-10; or
(2) approving or modifying a petition filed by the district's
board of trustees under IC 13-26-1-2;
may allow for the appointment of one (1) member of the board of
trustees of the district by the commissioner of the department of
correction.
As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.3.
IC 13-26-4-5
Number of trustees; sewage treatment in cooperation with
municipality
Sec. 5. If a plan also contemplates that sewage treatment for the
district will be provided in cooperation with a municipality, the order
must provide that:
(1) at least one (1) trustee shall be appointed by the executive
of the municipality; and
(2) at least:
(A) one (1) trustee shall be appointed by the fiscal body; and
(B) one (1) trustee shall be appointed by the executive;
of the county having the largest amount of territory in the
district.
As added by P.L.1-1996, SEC.16.
IC 13-26-4-6
Residency
Sec. 6. (a) This section does not apply to a district described in
section 6.1 of this chapter.
(b) Except as provided in subsection (c)(5), an appointed trustee
does not have to be a resident of the district.
(c) An appointed trustee must:
(1) own real property within the district;
(2) be a trustee appointed under section 4 or 5 of this chapter;
(3) be an elected official who represents a political subdivision
that has territory in the district;
(4) be a ratepayer of the district; or
(5) with respect to a district in which a majority of ratepayers
and property owners are not individuals, be an individual who
is registered to vote at an address that is located in the district.
As added by P.L.1-1996, SEC.16. Amended by P.L.97-2012, SEC.6;
P.L.179-2013, SEC.1; P.L.292-2013, SEC.6; P.L.211-2014, SEC.1.
IC 13-26-4-6.1
Members; district established in response to agreed order
Sec. 6.1. (a) This section applies to a district that is:
(1) a countywide district; and
(2) established in response to an agreed order entered into after
December 31, 1982, by the department and the executive and
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fiscal bodies of the county.
(b) Not later than December 31, 2012, the parties to an agreed
order described in subsection (a)(2) shall amend the agreed order to
provide for the appointment of trustees as follows:
(1) Beginning July 1, 2013, at least one (1) appointed trustee
must reside in the geographic area that is the subject of the
department investigation resulting in the agreed order.
(2) Beginning July 1, 2013, an appointed trustee may not be
served by a municipal sewer system.
(3) Beginning July 1, 2013, at least one (1) appointed trustee
must be an elected official who represents a political
subdivision that has territory in the district.
As added by P.L.97-2012, SEC.7. Amended by P.L.139-2012, SEC.4.
IC 13-26-4-7
Compensation and expenses of trustees
Sec. 7. (a) Except as provided in subsection (b), the board of a
district may provide for the payment of not more than fifty dollars
($50) per day to members of the board for each day or major part of
a day devoted to the work of the district.
(b) This subsection applies only to a regional water and sewage
district that:
(1) is located in more than one (1) county; and
(2) was formed in 1975 by order of the stream pollution control
board of the state of Indiana (which was succeeded in 1986 by
the water pollution control board, which was established by
IC 13-18-1, before its repeal).
The board of a district may provide for the payment of not more than
one hundred twenty-five dollars ($125) per day to members of the
board for each day or major part of a day devoted to the work of the
district.
(c) Members of the board are entitled to receive an amount for
travel expenses equal to the amount paid to state employees for
expenses incurred in the performance of their duties.
(d) Payments made to board members under subsections (a), (b),
and (c) shall be made from the general fund of the district.
As added by P.L.1-1996, SEC.16. Amended by P.L.179-2013, SEC.2;
P.L.113-2014, SEC.82.
IC 13-26-4-8
Public meetings or hearings
Sec. 8. (a) When the board of a district conducts a public hearing
or meeting, the board shall allow any person an opportunity to be
heard:
(1) in the presence of others who are present to testify; and
(2) in accordance with subsection (b).
(b) The board may limit testimony at a public hearing or meeting
to a reasonable time stated at the opening of the public hearing or
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meeting.
As added by P.L.97-2012, SEC.8.
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