For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The board of directors of a solid waste management district established under I.C. 13-19.
COMMISSIONER. The Commissioner of the Department of Environmental Management appointed under I.C. 13-13-1.
COMPOSTING. An aerobic degradation process by which plant and other organic wastes decompose under controlled conditions to produce a usable product.
COST. As applied to a facility or any part of a facility, includes the following:
(1) The cost of construction, modification, decommissioning, disposal or acquisition of the facility or any part of the facility;
(2) Financing charges;
(3) Interest before and during construction and for a reasonable period after the construction as determined by the Board;
(4) The cost of funding the reserves to secure the payment of principal and interest on bonds issued by the district;
(5) The cost of funding an operation and maintenance reserve fund;
(6) The cost of funding a major repair or replacement fund;
(7) Legal and underwriting expenses;
(8) Municipal bond insurance premiums;
(9) The cost of plans, specifications, surveys and estimates of costs and revenues;
(10) Other expenses necessary or incidental to determining the feasibility or practicability of constructing the facility;
(11) Administrative expenses; and
(12) Other expenses necessary or incidental to the construction, modification or acquisition of the facility, the financing of the construction, modification or acquisition, and the placing of the facility in operation.
COUNTY SOLID WASTE MANAGEMENT DISTRICT or COUNTY DISTRICT. A solid waste management district established under I.C. 13-19 that consists of only one county.
DEPARTMENT. The Department of Environmental Management established under I.C. 13-13-2.
DEVELOPER. A person that:
(1) Proposes to enter into or has entered into a financing agreement with the district for financing a facility; and
(2) Proposes to enter into or has entered into a separate agreement with some other person for the use and operation of the financed facility.
DISTRICT. A county district or joint district.
DISTRICT PLAN. A district solid waste management plan adopted under I.C. 13-21-5.
ENVIRONMENTAL POLICY COMMISSION. The Environmental Policy Commission established under state law.
FACILITY. Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property of any nature that is to be used, occupied or employed for the collection, storage, separation, processing, recovery, treatment, marketing, transfer or disposal of solid waste.
FINAL DISPOSAL FACILITY.
(1) (a) A landfill;
(b) An incinerator; or
(c) A waste-to-energy facility.
(2) The term does not include a transfer station.
FINANCING AGREEMENT. Includes an agreement between a district and a developer, between a developer and a user, or among a district, developer and user concerning:
(1) Payments to the district under the agreement; and
(2) Any of the following:
(a) The financing of facilities;
(b) The title to facilities; and
(c) The possession of facilities.
HOUSEHOLD HAZARDOUS WASTE.
(1) Solid waste that:
(a) Is generated by households in the county waste district; and
(b) Consists of or contains materials that are ignitable, corrosive, reactive or toxic.
(2) For the purposes of this subchapter, a MATERIAL is:
(a) Ignitable if the material has the quality of ignitability (as defined in 40 C.F.R. § 261.21);
(b) Corrosive if the material has the quality of corrosivity (as defined in 40 C.F.R. § 261.22);
(c) Reactive if the material has the quality of reactivity (as defined in 40 C.F.R. § 261.23); and
(d) Toxic if the material has the quality of EP toxicity (as defined in 40 C.F.R. § 261.24).
INCINERATOR. The meaning set forth in I.C. 13-11-2-106.
JOINT SOLID WASTE MANAGEMENT DISTRICT or JOINT DISTRICT. A solid waste management district established under I.C. 13-19 that consists of two or more counties.
LANDFILL.
(1) A solid waste management disposal facility at which solid waste is deposited on or in the ground as an intended place of final location.
(2) The term does not include the following: a site that is devoted solely to receiving one or more or this following:
(a) Fill dirt; and
(b) Vegetative matter subject to disposal as a result of landscaping, yard maintenance, land clearing or any combination of activities referred to in this division (2)(b).
NET REVENUES. The amount of revenues received by the district from the operation and ownership of facilities less the reasonable expenses of the operation, repair and maintenance of the facilities.
PERSON. The meaning set forth in I.C. 13-11-2-158.
PROCESSING. An operation for the purpose of modifying the characteristics or properties of solid waste to facilitate the transportation of solid waste, the disposal of solid waste or the recovery of solid waste for reuse or sale.
PUBLIC NOTICE.
(1) For a county or a county district a notice published by the board in accordance with I.C. 5-3-1, following procedures applicable to a county; and
(2) For a joint district, a notice published by the board in each county in the district in accordance with I.C. 5-3-1.
RECYCLING. A process by which materials that would otherwise become solid waste are collected, separated or processed, and converted into materials or products for reuse or sale.
REVENUES.
(1) The amounts received by the district from the operation or ownership of facilities.
(2) The term does not include amounts derived from the levy of taxes or from fees under I.C. 13-21-13.
SOLID WASTE. The meaning set forth in I.C. 13-11-2-205, except that the term, does not include the following:
(1) A waste that is regulated under the following:
(a) I.C. 13-22-1 through 13-22-8; and
(b) I.C. 13-22-13 through 13-22-14.
(2) An infectious waste (as defined in I.C. 16-41-16-4) that is disposed of at an incinerator permitted under rules adopted by the board to dispose of infectious waste.
SOLID WASTE HAULER or HAULER. A person who operates a vehicle in which solid waste is transported to:
(1) A transfer station for further transport to a final disposal facility; or
(2) A final disposal facility.
SOLID WASTE MANAGEMENT. The meaning set forth in I.C. 13-11-2-209.
SOURCE REDUCTION. A reduction in the amount of solid waste generated that is achieved through actions affecting the source of the solid waste.
STATE PLAN. The state solid waste management plan adopted under I.C. 13-21-1.
TRANSFER STATION.
(1) A facility to which solid waste in transferred from a vehicle or a container to another vehicle or container for transportation.
(2) The term does not include the following:
(a) A facility where the solid waste has been generated by the facility; or
(b) A recycling facility.
USER. A person that has entered into a financing agreement with the district, or with a developer, in contemplation of the user’s use and operation of the facilities referred to in the agreement.
WASTE-TO-ENERGY FACILITY. A facility at which solid waste is converted into energy or another useful product by incineration.
WHITE GOODS. Discarded refrigerators, ranges, water heaters and other similar domestic and commercial large appliances.
(BC Ord. 91-6, passed 10-28-1991)