(A) The powers of the Solid Waste Management District Board shall include the following:
(1) The power to develop and implement a District Solid Waste Management Plan under I.C. 13-21-5 et seq.;
(2) The power to impose district fees on the final disposal of solid waste within the district under I.C. 13-21-13 et seq.;
(3) The power to receive and disburse funds;
(4) The power to sue and be sued;
(5) The power to borrow money from the district planning revolving loan fund under I.C. 13-21-3-12;
(6) The power to plan, design, construct, finance, manage, own, lease, operate, and maintain facilities for solid waste management;
(7) The power to enter with any person into a contract or agreement that is necessary or incidental to the management of solid waste. Notwithstanding any other statute, the maximum term of a contract or agreement described in this division may not exceed 40 years. Contracts or agreements that may be entered into under this division include those for:
(a) The design, construction, operation, financing, ownership, or maintenance of facilities by the district or any other person;
(b) The managing or disposal of solid waste; or
(c) The sale or other disposition of materials or products generated by a facility.
(8) The power to enter into agreements for the leasing of facilities in accordance with I.C. 36-1-10 or 36-9-30;
(9) The power to purchase, lease, or otherwise acquire real or personal property for the management or disposal of solid waste;
(10) The power to sell or lease any facility or part of a facility to any person;
(11) The power to make and contract for plans, surveys, studies, and investigations necessary for the management or disposal of solid waste;
(12) The power to enter upon property to make surveys, soundings, borings, and examinations;
(13) The power to accept gifts, grants, or loans of money, other property, or services from any source, public or private, and to comply with the terms of the gift, grant, or loan in the name of and for direct benefit of the county Solid Waste Management District. This provision shall not be misconstrued to allow for acceptance of gifts, grants, and the like, for an individual Board member’s personal benefit;
(14) The power to levy a tax within the district to pay costs of operation in connection with solid waste management, subject to regular budget and tax levy procedures;
(15) The power to borrow in anticipation of taxes;
(16) The power to hire the personnel necessary for the management or disposal of solid waste in accordance with an approved budget and to contract for professional services;
(17) The power to otherwise do all things necessary for the management or disposal of solid waste in accordance with an approved budget and to contract for professional services;
(18) The power to do all things necessary for the reduction, management, and disposal of solid waste and the recovery of waste products from the solid waste stream; and
(19) The power to adopt resolutions that have the force of law.
(B) The powers of a district do not include the following:
(1) The power of eminent domain; or
(2) The power to exclusively control the collection or disposal of solid waste within the district.
(`88 Code, § 6-133) (Ord. 91-11, passed 5-28-91)