Ind. Code ch. 13-26-8

Ind. Code § 13-26-8-1 Applications by eligible entities to be included in district; procedure

Sec. 1. After the establishment of a district, an eligible entity whose territory is not wholly included within the district may file an application with the district setting forth the following: (1) A general description of the territory the eligible entity desires to have included in the district. (2) The necessity for the inclusion of the territory in the district. (3) That inclusion of the territory in the district will be conducive to the public health, safety, convenience, or welfare. (4) That it will be practical and feasible for the territory to be included in the district. [Pre-1996 Recodification Citation: 13-3-2-8(a).] As added by P.L.1-1996, SEC.16.

Ind. Code § 13-26-8-2 Approval of application

Sec. 2. If an application is approved by a majority of the board, the territory described in the application becomes part of the district. The district shall then notify the department of the inclusion of the additional territory in the district. [Pre-1996 Recodification Citation: 13-3-2-8(b).] As added by P.L.1-1996, SEC.16.

Ind. Code § 13-26-8-3 Denial of application; petition; procedure

Sec. 3. (a) If an application fails to receive the approval of a majority of the board not later than sixty (60) days after the filing of the application with the district, the entity filing the application may file a petition with the department as described in IC 13-26-2 requesting the order of the department to include the territory described in the application within the district. (b) Upon the filing of a petition, the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7. [Pre-1996 Recodification Citation: 13-3-2-8(c).] As added by P.L.1-1996, SEC.16.

Ind. Code § 13-26-8-4 Addition of territory to regional sewage or solid waste district other than at request of eligible entity

Sec. 4. (a) This section applies to the addition of territory to a regional sewage or solid waste district other than at the request of an eligible entity described in section 1 of this chapter. This section does not apply to a regional water district. (b) To add territory to a district already established, the board of the district must file with the department a motion adopted by the board requesting the addition of territory to the district. If the motion is for the addition of territory to a regional sewage district, the board, not later than ten (10) days after filing the motion with the department, must also file a copy of the motion in the office of: (1) the executive of each governmental entity having territory within the territory proposed to be added to the regional sewage district; and (2) the executive of a city or town having: (A) a municipal sewage works under IC 36-9-23; or (B) a public sanitation department under IC 36-9-25; if the territory proposed to be added to the regional sewage district includes territory within the extraterritorial jurisdiction of the municipal sewage works or public sanitation department. (c) Except as provided under subsections (d) and (e), if a motion is filed with the department under subsection (b): (1) the same procedure must be used to add territory to the district as is provided for the establishment of a district under IC 13-26-2; and (2) the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7. (d) Not more than one hundred eighty (180) days after the date a motion is filed with the department under subsection (b) to add territory to a district already established, if a petition is filed with the department that is signed by a majority of the freeholders within the area proposed to be added and indicating that the freeholders are opposed to the addition of the area by the district: (1) the department may not proceed under subsection (c); and (2) the territory may not be added to the district. (e) For purposes of subsection (c): (1) the commissioner is not required to appoint a hearing officer under IC 13-26-2-5; (2) the board shall: (A) provide the notice of; and (B) conduct; the hearing required under IC 13-26-2-6; and (3) instead of making findings and recommendations under IC 13-26-2-8, the board shall submit documentary evidence to the commissioner to prove the: (A) notice was provided; and (B) hearing was conducted; by the board as required under subdivision (2). As added by P.L.123-2011, SEC.3. Amended by P.L.292-2013, SEC.9; P.L.165-2018, SEC.5.