Indiana Code 36-7-29-12. Powers and duties of boards
(1) receive and disburse funds;
Terms Used In Indiana Code 36-7-29-12
- board: refers to the local environmental response financing board established by section 10 of this chapter. See Indiana Code 36-7-29-2
- Contract: A legal written agreement that becomes binding when signed.
- district: refers to the special taxing district established by section 9 of this chapter. See Indiana Code 36-7-29-3
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- qualified site: means a site that is wholly or partially located in the district and on July 1, 1994, is:
Indiana Code 36-7-29-4
- remedial action: has the meaning set forth in IC 13-11-2-185. See Indiana Code 36-7-29-5
- removal: has the meaning set forth in IC 13-11-2-187. See Indiana Code 36-7-29-6
- responsible person: has the meaning set forth in IC 13-11-2-192(b). See Indiana Code 36-7-29-7
- substance: has the meaning set forth in IC 13-11-2-98 for the term "hazardous substance". See Indiana Code 36-7-29-8
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.