Sec. 5. (a) A unit may contract with persons for the collection or disposal of solid waste. The contract may provide that persons contracted with have the exclusive right to collect or dispose of solid waste under section 4 of this chapter.

     (b) A unit may contract with any business or institution for the collection and disposal of industrial, commercial, or institutional solid waste. All fees collected by the unit shall be deposited in the treasury of the unit for the administration, operation, and maintenance of the solid waste collection and disposal project.

     (c) A unit may contract for the use of privately owned solid waste disposal facilities.

     (d) This subsection applies if a contract executed under subsection (a) or (b) will yield a gross revenue to a contractor (other than a governmental entity) of at least twenty-five thousand dollars ($25,000) during the time it is in effect. A unit:

(1) must comply with IC 36-1-12-4 in awarding the contract if the unit is a county; and

(2) may comply with either:

(A) IC 36-1-12-4; or

(B) section 5.3 of this chapter;

in awarding the contract if the unit is a municipality other than a consolidated city.

     (e) A unit entering into a contract under subsection (d)(1) shall require the bidder to submit a financial statement, a statement of experience, the bidder’s proposed plan or plans for performing the contract, and the equipment that the bidder has available for the performance of the contract. The statement shall be submitted on forms prescribed by the state board of accounts. IC 36-1-12-4(b)(6) does not apply to this subsection.

     (f) A unit may contract under this section with private persons that operate facilities that combine significant elements of recycling or production of refuse derived fuel.

[Pre-Local Government Recodification Citations: 19-2-1-4; 19-2-1-19; 19-2-6-1 part; 19-2-6-2 part.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.329-1985, SEC.25; P.L.19-1990, SEC.39; P.L.37-2022, SEC.2.