2018 Indiana Code
TITLE 36. Local Government
ARTICLE 7. PLANNING AND DEVELOPMENT
CHAPTER 29. Local Environmental Response Financing
36-7-29-12. Powers and duties of boards

     Sec. 12. (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.

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