Citations Affected: IC 13-11-2-140.5 ; IC 13-21.
Synopsis: Newspaper recycling fees. Permits the board of directors of
a solid waste management district that imposes mandatory recycling
and in which at least 50% of recyclable materials collections by a
private contractor consists of newspaper to impose fees on the
publisher of a newspaper in the district that has a paid daily circulation.
Establishes the maximum amount of the fees based on the difference
between the monthly value of recyclable materials collections and the
monthly amount paid by the district to the recycling contractor.
Requires a district that imposes this fee to establish schedules and
procedures for collection of the fee, and permits the district to impose
a penalty for noncompliance.
Effective: January 1, 2002.
January 8, 2001, read first time and referred to Committee on Environmental Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning
management or disposal of solid waste in accordance with an
approved budget and to contract for professional services.
(16) The power to otherwise do all things necessary for the:
(A) reduction, management, and disposal of solid waste; and
(B) recovery of waste products from the solid waste stream;
if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(17) The power to adopt resolutions that have the force of law. However, except as provided in IC 13-21-14.5-3 (b), a resolution is not effective in a municipality unless the municipality adopts the language of the resolution by ordinance or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and disposal project grant under IC 13-20-20 and carry out all commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project, so that at the end of the district's fiscal year the unused and unencumbered balance of appropriated money reverts to the district's general fund only if the district's board specifically provides by resolution to discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as described in IC 13-20-22-2 and carry out all commitments contained in a grant application.
(19) The power to enter into an interlocal cooperation agreement under IC 36-1-7 to obtain:
(C) managerial; or
services from a county or municipality.
(20) The power to compensate advisory committee members for attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee members for travel and related expenses at a rate determined by the board.
(22) In a joint district, the power to pay a fee from district money
to the counties in the district in which a final disposal facility is
(23) The power to make grants or loans of:
(B) property; or
to public or private recycling programs, composting programs, or any other programs that reuse any component of the waste stream as a material component of another product, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital fund. A district's board may appropriate money in the fund for:
(C) modifying; or
an existing facility. Expenditures from a capital fund established under this subdivision must further the goals and objectives contained in a district's solid waste management plan. Not more than five percent (5%) of the district's total annual budget for the year may be transferred to the capital fund that year. The balance in the capital fund may not exceed twenty-five percent (25%) of the district's total annual budget. If a district's board determines by resolution that a part of a capital fund will not be needed to further the goals and objectives contained in the district's solid waste management plan, that part of the capital fund may be transferred to the district's general fund, to be used to offset tipping fees, property tax revenues, or both tipping fees and property tax revenues.
(25) The power to conduct promotional or educational programs that include giving awards and incentives that further the district's solid waste management plan.
average monthly collections of recyclable materials after June
30, 2001, consists of newspapers.
Sec. 2. For purposes of this chapter, the "value of recyclable materials" means the sale price received in exchange for the recyclable materials collected in the district by the private entity with which the district contracts for the collection of recyclable materials.
Sec. 3. (a) A board may, by adoption of a resolution, impose fees on the publisher of a newspaper (as defined in IC 13-11-2-140.5 ) for each month in which the aggregate value of all recyclable materials collected in the month by a private entity under a contract with the district exceeds the amount paid for the month by the district to the private entity for collection of the recyclable materials.
(b) A resolution adopted by a board under subsection (a) is effective in a municipality located in the district irrespective of whether the municipality adopts the language of the resolution by ordinance or resolution.
Sec. 4. (a) Except as provided in subsection (b), the maximum fee that a board may impose on the publisher of a newspaper for a month under this chapter equals the amount by which the aggregate value of all recyclable materials collected in the month by the private entity with which the district contracts for the collection of recyclable materials exceeds the amount paid for the month by the district to the private entity for collection of the recyclable materials.
(b) If more than one (1) newspaper is located in the district, the maximum fee that a board may impose on the publisher of a newspaper equals the maximum fee determined under subsection (a) divided by the number of newspapers in the district.
Sec. 5. A district that imposes fees under this chapter shall establish schedules and procedures for:
(1) the reporting by the private entity referred to in section 4 of this chapter to the district of:
(A) the monthly value of recyclable materials sold by the entity; and
(B) the monthly percentage by weight of recyclable materials collected by the entity in the district that consists of newspapers; and
(2) the payment by the publisher of the newspaper to the district of the fees imposed under this chapter.
Sec. 6. A resolution adopted by a board that establishes fees
under this chapter may contain a provision that authorizes the
board to impose a penalty of not more than one hundred dollars
($100) per day because of:
(1) nonpayment of fees; or
(2) noncompliance with a condition in the resolution.
Sec. 7. All:
(1) fees remitted to the district under section 3 of this chapter; and
(2) penalties remitted to the district under section 6 of this chapter;
shall be deposited in the district solid waste management fund established under IC 13-21-13-2.