1. (a) This section applies to the addition of territory to a regional sewage or solid waste district other than at the request of an eligible entity described in section 1 of this chapter. This section does not apply to a regional water district.
2. (b) To add territory to a district already established, the board must file with the department a motion adopted by the board requesting the addition of territory to the district.

3. (c) Except as provided under subsections (d) and (e), if a motion is filed with the department under subsection (b):

   1. (1) the same procedure must be used to add territory to the district as is provided for the establishment of a district under IC 13-26-2 ; and
   2. (2) the department shall proceed in the same manner that is set forth in IC 13-26-2 , IC 13-26-4 , IC 13-26-6 , and IC 13-26-7 .

4. (d) Not more than one hundred eighty (180) days after the date a motion is filed with the department under subsection (b) to add territory to a district already established, if a petition is filed with the department that is signed by a majority of the freeholders within the area proposed to be added and indicating that the freeholders are opposed to the addition of the area by the district:

   1. (1) the department may not proceed under subsection (c); and
   2. (2) the territory may not be added to the district.

5. (e) For purposes of subsection (c):

   1. (1) the commissioner is not required to appoint a hearing officer under IC 13-26-2-5 ;

   2. (2) the board shall:

      1. (A) provide the notice of; and

      2. (B) conduct;

         the hearing required under IC 13-26-2-6 ; and

   3. (3) instead of making findings and recommendations under IC 13-26-2-8 , the board shall submit documentary evidence to the commissioner to prove the:

      1. (A) notice was provided; and

      2. (B) hearing was conducted;

         by the board as required under subdivision (2).

As added by P.L.123-2011, SEC.3. Amended by P.L.292-2013, SEC.9.