Indiana Code

Ind. Code § 36-9-2-16 (2026)

Disposal of waste substances and domestic or sanitary sewage; regulation of services and charges

✓ current as of May 2026

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Sec. 16. A unit may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and domestic or sanitary sewage. This includes the power to fix the price to be charged for that service.

[Pre-Local Government Recodification Citations: 18-1-1.5-7(d); 18-1-1.5-13(d); 18-4-2-17 part.]

As added by Acts 1980, P.L.211, SEC.4.

Notes of Decisions

Cited in 5 cases, 1983–2013 · leading case: Town of Plainfield v. Town of Avon, 757 N.E.2d 705 (Ind. Ct. App. 2001).

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Town of Plainfield v. Town of Avon, 757 N.E.2d 705 (Ind. Ct. App. 2001). · cites it 2× “See Ind.Code § 36-9-2-16 to -17. Such general powers typically may be exercised only within the corporate boundaries of the municipality.”

Town Council of New Harmony v. Parker, 726 N.E.2d 1217 (Ind. 2000). · cites it 2× “For example, with respect to sewer service, Ind.Code § 36-9-2-16 provides: “A unit may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and domestic or sanitary sewage.”

Town of Newburgh v. Town of Chandler, 999 N.E.2d 1015 (Ind. Ct. App. 2013). · cites it 4× “Chandler also questions the notion that Section 36-9-2-16 actually empowers a municipality to prohibit all others from providing sewer services.”

Tippecanoe Sanitary Landfill, Inc. v. Bd. of Cnty. Commissioners, 455 N.E.2d 971 (Ind. Ct. App. 1983). · cites it 4× “In response to this challenge, the Board alleges such express statutory authority does exist in Indiana Code section 36-9-2-16 (1981 Repl.) This provision states: "A unit may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and…”

Farley Neighborhood Ass'n v. Town of Speedway, 747 N.E.2d 1132 (Ind. Ct. App. 2001). · cites it 2× “See Ind. Code § 36-9-2-16 . A municipality is entitled to the same privilege of receiving payment for services rendered in the ownership and operation of its sewer system as a private corporation.”

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