Nondiscriminatory Acceptance of Waste; Fees

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Sec. 23. (a) Subject to subsection (b), any facility:

(1) owned;

(2) operated; or

(3) financed after December 2, 2008;

under this chapter shall accept waste accumulated within the waste disposal district without discrimination as to whether or not the waste is collected by the consolidated city. The fees made by any such facility for any services rendered or to be rendered, either directly or in connection with them, must be nondiscriminatory, but they may vary based upon the volume, weight, hazardousness, or difficulty of disposal of the waste disposed of or processed by the facility.

(b) If a person enters into a contract with the consolidated city to accept the consolidated city's waste at a facility, the person may not be considered to be operating the facility for purposes of this section.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.131-2006, SEC.13.


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