Sec. 2. As used in this chapter:

     “Board” refers to the board of public works of the consolidated city, subject to IC 36-3-4-23.

     “Byproduct” means energy and materials from wastes in a form that will allow their reuse.

     “Byproduct recovery facility” means a facility for the systematic separation and recovery of energy and recyclable material from waste.

     “Cost” as applied to a facility, or any part of a facility, includes the cost of construction, modification, or acquisition of the facility, or any part of it, financing charges, interest before and during construction and for one (1) year after commencement of operation of the facility, cost of funding any reserves to secure the payment of principal and interest on the bonds, cost of funding any operation and maintenance reserve fund, cost of funding any major repair or replacement fund, legal and underwriting expenses, plans, specifications, surveys, estimates of costs and revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing the facility, administrative expense, and such other expenses as may be necessary or incident 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.

     “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.

     “Disposal” includes the treatment of as well as the placing, processing, confining, compacting, storing, or covering of waste.

     “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. The term excludes any energy generating facility that does not rely on waste as its primary fuel source and any facility regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14.

     “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.

     “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. The term also includes federal revenue-sharing money to which the consolidated city is entitled.

     “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.

     “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.

     “Proposal” means a written response to a request for proposals.

     “Proposer” means any person that has submitted a proposal in response to a request for proposals issued to the person by the board.

     “Public notice” means a notice published in accordance with IC 5-3-1.

     “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.

     “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.

     “Request for qualifications” means an invitation by the consolidated city to any person to submit qualifications in order to qualify to submit a proposal.

     “Revenue bonds” means bonds issued under section 10 of this chapter.

     “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.

     “Service district” means the solid waste collection special service district created by IC 36-3-1-6.

     “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.

     “Tipping fees” means the charge by any person for the disposal of waste at a facility.

     “User”, for purposes of section 11 of this chapter only, means a person that has entered into a financing agreement with the consolidated city, or with a developer, in contemplation of the user’s use and operation of the facilities referred to in the agreement.

     “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.

     “Waste disposal development bonds” means bonds issued under section 11 of this chapter.

     “Waste disposal district” means the waste disposal special taxing district referred to in IC 36-3-1-6.

     “Waste disposal district bonds” means bonds issued under section 9 of this chapter.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.1-1996, SEC.95.