Terms Used In Indiana Code > Title 36 > Article 9 > Chapter 31 - Collection and Disposal of Waste in Indianapolis

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: refers to the board of public works of the consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-9-31-2
• Byproduct: means energy and materials from wastes in a form that will allow their reuse. See Indiana Code 36-9-31-2
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• Contract: A legal written agreement that becomes binding when signed.
• Developer: means any person that proposes to enter into or has entered into a financing agreement with the consolidated city for financing a facility and that proposes to enter into or has entered into a separate agreement with some other person for the use and operation of the facility so financed. See Indiana Code 36-9-31-2
• Disposal: includes the treatment of as well as the placing, processing, confining, compacting, storing, or covering of waste. See Indiana Code 36-9-31-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture, or other real or personal property that is to be used, occupied, or employed for the storage, processing, or disposal of waste or the recovery and marketing by any means of any byproduct, such as recycling centers, transfer stations, trucks, bailing facilities, rail haul or barge haul facilities, processing systems, byproduct recovery facilities or other facilities for reducing waste volume, sanitary landfills, plants and facilities for compacting, composting, or pyrolization of wastes, incinerators, and other waste disposal, reduction, or conversion facilities or any combination thereof. See Indiana Code 36-9-31-2
• Financing agreement: includes an agreement between the consolidated city and a developer or between a developer or user, or both, concerning the financing of, the title to, or possession of facilities, or both, and payments to the city in respect thereof. See Indiana Code 36-9-31-2
• Grant: means money to be received from the federal government or any of its agencies, or the state or any of its agencies, intended to be used for the construction, modification, or acquisition of waste disposal facilities. See Indiana Code 36-9-31-2
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Net revenues: means the amount of revenues received by the consolidated city from the operation and ownership of facilities less the reasonable expenses of the operation, repair, and maintenance of these facilities. See Indiana Code 36-9-31-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• Personal property: All property that is not real property.
• Processing: means an operation for the purpose of modifying the characteristics or properties of waste to facilitate transportation of, disposal of, or the recovery of byproducts from waste. See Indiana Code 36-9-31-2
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Proposal: means a written response to a request for proposals. See Indiana Code 36-9-31-2
• Proposer: means any person that has submitted a proposal in response to a request for proposals issued to the person by the board. See Indiana Code 36-9-31-2
• Public notice: means a notice published in accordance with IC 5-3-1. See Indiana Code 36-9-31-2
• Put or pay contract: means a contract entered into by the consolidated city with any person whereby the city guarantees the provision of a specified amount of waste to the person and the city is obligated to pay the person a specified amount for waste that is not so provided. See Indiana Code 36-9-31-2
• Request for proposals: means an invitation to submit a proposal to the consolidated city for the construction, modification, acquisition, operation, or combination of any of these, of the facility under section 4 of this chapter. See Indiana Code 36-9-31-2
• Request for qualifications: means an invitation by the consolidated city to any person to submit qualifications in order to qualify to submit a proposal. See Indiana Code 36-9-31-2
• Revenue bonds: means bonds issued under section 10 of this chapter. See Indiana Code 36-9-31-2
• Revenues: means the amounts received by the consolidated city from the operation or ownership of facilities, including amounts received from the collection of fees under section 8 of this chapter, amounts received under financing agreements under section 11 of this chapter, tipping fees, lease rentals, and amounts received from the sale or other disposition of byproducts, but not including any amounts derived from the levy of taxes. See Indiana Code 36-9-31-2
• Service district: means the solid waste collection special service district created by IC 36-3-1-6. See Indiana Code 36-9-31-2
• Solid waste: has the meaning set forth in IC 36-9-30-2, except that the term excludes sewage and other highly diluted water-carried materials or substances and those in gaseous forms, excludes waste when the waste is to be reused or reclaimed as salvage, and excludes waste regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14. See Indiana Code 36-9-31-2
• Statute: A law passed by a legislature.
• Tipping fees: means the charge by any person for the disposal of waste at a facility. See Indiana Code 36-9-31-2
• Trustee: A person or institution holding and administering property in trust.
• Waste: includes solid waste and water disposed of in conjunction with the disposal of solid waste, as well as liquid waste (consisting of sludge from air or water pollution control facilities or water supply treatment facilities), when disposed of in conjunction with the disposal of solid waste. See Indiana Code 36-9-31-2
• Waste disposal development bonds: means bonds issued under section 11 of this chapter. See Indiana Code 36-9-31-2
• Waste disposal district: means the waste disposal special taxing district referred to in IC 36-3-1-6. See Indiana Code 36-9-31-2
• Waste disposal district bonds: means bonds issued under section 9 of this chapter. See Indiana Code 36-9-31-2
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5