Bill Text: IN HB1117 | 2012 | Regular Session | Enrolled
Bill Title: Regional water, sewage, or waste districts and utilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1117 Detail]
Download: Indiana-2012-HB1117-Enrolled.html
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AN ACT to amend the Indiana Code concerning environmental law.
(1) does not have shareholders;
(2) does not engage in any activities for the profit of its trustees, directors, incorporators, or members; and
(3) is organized and conducts its affairs for purposes other than the pecuniary gain of its trustees, directors, incorporators, or members.
The term does not include a regional district established under IC 13-26, a conservancy district established under IC 14-33, or, for purposes of subsections (f), (g), (h), (i), (j), and (k), a utility company owned, operated, or held in trust by a consolidated city.
(b) As used in this section, "sewage disposal system" means a privy, cesspool, septic tank, or other similar structure. The term includes a septic tank soil absorption system (as defined in IC 13-11-2-199.5). The term does not include a sewer system operated by a not-for-profit public sewer utility.
connection with the service, must be nondiscriminatory, reasonable,
and just. Each discriminatory, unjust, or unreasonable charge for the
service is prohibited and unlawful.
(c) (d) A reasonable and just charge for water or sewer service
within the meaning of this section is a charge that will produce
sufficient revenue to pay all legal and other necessary expense incident
to the operation of the not-for-profit utility's system, including the
following:
(1) Maintenance and repair costs.
(2) Operating charges.
(3) Interest charges on bonds or other obligations.
(4) Provision for a sinking fund for the liquidation of bonds or
other evidences of indebtedness.
(5) Provision for a debt service reserve for bonds or other
obligations in an amount not to exceed the maximum annual debt
service on the bonds or obligations.
(6) Provision of adequate funds to be used as working capital.
(7) Provision for making extensions and replacements.
(8) The payment of any taxes that may be assessed against the
not-for-profit utility or its property.
The charges must produce an income sufficient to maintain the
not-for-profit utility's property in sound physical and financial
condition to render adequate and efficient service. A rate too low to
meet these requirements is unlawful.
(d) (e) Except as provided in subsection (e), subsections (f) and (h),
a not-for-profit public sewer utility may require connection to its sewer
system of property producing sewage or similar waste and require the
discontinuance of use of privies, cesspools, septic tanks, and similar
structures, a sewage disposal system if:
(1) there is an available sanitary sewer within three hundred (300)
feet of the property line; and
(2) the utility has given written notice by certified mail to the
property owner at the address of the property at least ninety (90)
days before the date for connection stated in the notice.
The notice given under subdivision (2) must also inform the
property owner, other than an owner of property located in a
consolidated city, that the property owner may qualify for an
exemption as set forth in subsection (f).
(e) A not-for profit sewer utility may not require connection to its
sewer system of property producing sewage or similar waste and
require the discontinuance of use of privies, cesspools, septic tanks,
and similar structures if the source of the waste is more than five
hundred (500) feet from the point of connection to its sewer system.
(f) Subject to subsection (h), a property owner is exempt from
the requirement to connect to a not-for-profit public sewer utility's
sewer system and to discontinue use of a sewage disposal system if
the following conditions are met:
(1) The property owner's sewage disposal system is a septic
tank soil absorption system that was new at the time of
installation and approved in writing by the local health
department.
(2) The property owner, at the property owner's expense,
obtains and provides to the not-for-profit public sewer utility
a certification from the local health department or the
department's designee that the sewage disposal system is
functioning satisfactorily. If the local health department or
the department's designee denies the issuance of a certificate
to the property owner, the property owner may appeal the
denial to the board of the local health department. The
decision of the board is final and binding.
(3) The property owner provides the not-for-profit public
sewer utility with:
(A) the written notification of potential qualification for
the exemption described in subsection (i); and
(B) the certification described in subdivision (2);
within the time limits set forth in subsection (i).
(g) If a property owner, within the time allowed under
subsection (i), notifies a not-for-profit public sewer utility in
writing that the property owner qualifies for the exemption under
this section, the not-for-profit public sewer utility shall, until the
property owner's eligibility for an exemption under this section is
determined, suspend the requirement that the property owner
discontinue use of a sewage disposal system and connect to the
not-for-profit public sewer utility's sewer system.
(h) A property owner who qualifies for the exemption provided
under this section may not be required to connect to the
not-for-profit public sewer utility's sewer system for a period of ten
(10) years beginning on the date the new sewage disposal system
was installed. A property owner may apply for two (2) five (5) year
extensions of the exemption provided under this section by
following the procedures set forth in subsections (f) and (g). If
ownership of an exempt property is transferred during a valid
exemption period, including during an extension of an initial
exemption:
(1) the exemption applies to the subsequent owner of the
property for the remainder of the exemption period during
which the transfer occurred; and
(2) the subsequent owner may apply for any remaining
extensions.
However, the total period during which a property may be exempt
from the requirement to connect to a district's sewer system under
this section may not exceed twenty (20) years, regardless of
ownership of the property.
(i) To qualify for an exemption under this section, a property
owner must:
(1) within sixty (60) days after the date of the written notice
given to the property owner under subsection (e), notify the
not-for-profit public sewer utility in writing that the property
owner qualifies for the exemption under this section; and
(2) within sixty (60) days after the not-for-profit public sewer
utility receives the written notice provided under subdivision
(1), provide the not-for-profit public sewer utility with the
certification required under subsection (f)(2).
(j) When a property owner who qualifies for an exemption
under this section subsequently discontinues use of the property
owner's sewage disposal system and connects to the not-for-profit
public sewer utility's sewer system, the property owner may be
required to pay only the following to connect to the sewer system:
(1) The connection fee the property owner would have paid if
the property owner connected to the sewer system on the first
date the property owner could have connected to the sewer
system.
(2) Any additional costs:
(A) considered necessary by; and
(B) supported by documentary evidence provided by;
the not-for-profit public sewer utility.
(k) A not-for-profit public sewer utility may not require a
property owner to connect to the not-for-profit public sewer
utility's sewer system if:
(1) the property is located on at least ten (10) acres;
(2) the owner can demonstrate the availability of at least two
(2) areas on the property for the collection and treatment of
sewage that will protect human health and the environment;
(3) the waste stream from the property is limited to domestic
sewage from a residence or business;
(4) the system used to collect and treat the domestic sewage
has a maximum design flow of seven hundred fifty (750)
gallons per day; and
(5) the owner, at the owner's expense, obtains and provides to
the district a certification from the local health department or
the department's designee that the system is functioning
satisfactorily.
(l) A property owner who connects to a not-for-profit public
sewer utility's sewer system may provide, at the owner's expense,
labor, equipment, materials, or any combination of labor,
equipment, and materials from any source to accomplish the
connection to the sewer system, subject to inspection and approval
by the not-for-profit public sewer utility.
(m) This section does not affect the authority of the state
department of health, a local health department, or a county health
officer with respect to a sewage disposal system.
(b) However, within the limits of any incorporated town or city, the authority to appropriate does not:
(1) extend to lands situated in any city block in which more than fifty percent (50%) of the frontage is devoted to residence purposes;
(2) extend to common carriers engaged in the transportation of freight or passengers; or
(3) give to any public utility any right or authority to:
(A) appropriate any land or easement within the corporate limits of any city for overflowage by backwater from any dam;
(B) appropriate or acquire any dam, race, or sluiceway existing
on May 31, 1921, or any interest in either, except to use water
for condensation purposes;
(C) appropriate or acquire any pipeline laid or contained
within the limits of private property; or
(D) authorize any corporation developing hydroelectric power
to unreasonably interfere with or disturb the natural flow of the
stream from which power may be derived. Lands or easements
in lands acquired by appropriation and condemnation shall be
held and enjoyed by the company for those purposes as though
the land or easement had been acquired by purchase.
(c) If a not-for-profit sewer utility (as described in
IC 8-1-2-125(a)) appropriates or condemns land to acquire an
easement or right-of-way necessary to carry out the not-for-profit
sewer utility's objectives, the easement or right-of-way may not
exceed fifty (50) feet in width.
(c) (d) The appropriation and condemnation of lands and easements
in lands authorized by this section must be done under the terms and
conditions and in the manner prescribed by IC 32-24-1.
(1) away from established residences; and
(2) for educational, recreational, sectarian, or health purposes;
for at least ten (10) children who are less than eighteen (18) years of age and not accompanied by a parent or guardian.
(b) Notice under subsection (a) must be provided as follows:
(1) Beginning at least thirty (30) days before the date on which a public meeting under subsection (c) is scheduled, by publication of notice one (1) time each week for three (3) consecutive weeks in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the proposed district. If there is only one (1) newspaper of general
circulation in a county, a single publication each week for
three (3) consecutive weeks satisfies the requirement of this
subdivision.
(2) Either:
(A) by United States mail, postage prepaid, mailed to each
freeholder within the proposed district; or
(B) by broadcasting at least three (3) public service
announcements each day for fourteen (14) days on at least
two (2) radio stations operating in each of the counties, in
whole or in part, in the proposed district;
beginning at least fourteen (14) days before the date on which
a public meeting under subsection (c) is scheduled.
(c) After providing notice under subsection (b), a representative
that seeks to file a petition to establish a district must conduct a
public meeting to discuss and receive comments on the proposed
district.
(d) A representative may not file a petition to establish a
district:
(1) more than one hundred eighty (180) or less than sixty (60)
days after providing notice under subsection (b); or
(2) less than thirty (30) days after a meeting held under
subsection (c).
(1) The proposed name of the district.
(2) The place in which the district's principal office is to be located.
(3) The following information:
(A) The need for the proposed district.
(B) The purpose to be accomplished.
(C) How the district will be conducive to the public health, safety, convenience, or welfare, including a specific statement of how:
(i) water supply, for a water district;
(ii) sewage collection, disposal, and treatment, for a sewage district; or
(iii) solid waste disposal, recovery, or treatment, for a solid waste district;
is currently being provided.
(D) Whether there is any outstanding indebtedness for the purpose proposed in the proposed district, including a
statement as to how the current situation creates or adds to
pollution or health hazards or impedes development in the
area.
(4) An accurate description of the territory to be included in the
district, which does not have to be given by metes and bounds or
by legal subdivisions. The territory does not have to be
contiguous, but the territory must be so situated that the public
health, safety, convenience, or welfare will be promoted by the
establishment as a single district of the territory described.
(5) The petitioner's recommendations on:
(A) the manner of selection;
(B) the number; and
(C) the term, not exceeding four (4) years;
of the members of the board of trustees.
(6) The plan for financing the cost of the operations of the district
until the district is in receipt of revenue from the district's
operations or proceeds from the sale of bonds.
(7) Estimates of the following:
(A) The costs of accomplishing the purpose of the district.
(B) The costs of operating and maintaining the works.
(C) The sources of the funding of these costs.
(D) The rates and charges that will be required.
(E) The median income for households in the proposed
district based on the most recent federal decennial census.
(8) A summary of alternatives to creating the district.
(b) An appointed trustee does not have to be a resident of the district.
(c) An appointed trustee must:
(1) own real property within the district;
(2) be a trustee appointed under section 4 or 5 of this chapter; or
(3) be an elected official who represents a political subdivision that has territory in the district.
(1) a countywide district; and
(2) established in response to an agreed order entered into by the department and the executive and fiscal bodies of the
county.
(b) Not later than December 31, 2012, the parties to an agreed
order described in subsection (a)(2) shall amend the agreed order
to provide for the appointment of trustees as follows:
(1) Beginning July 1, 2013, at least one (1) appointed trustee
must reside in the geographic area that is the subject of the
department investigation resulting in the agreed order.
(2) Beginning July 1, 2013, an appointed trustee may not be
served by a municipal sewer system.
(3) Beginning July 1, 2013, at least one (1) appointed trustee
must be an elected official who represents a political
subdivision that has territory in the district.
(1) in the presence of others who are present to testify; and
(2) in accordance with subsection (b).
(b) The board may limit testimony at a public hearing or meeting to a reasonable time stated at the opening of the public hearing or meeting.
(1) Sue or be sued.
(2) Make contracts in the exercise of the rights, powers, and duties conferred upon the district.
(3) Adopt and alter a seal and use the seal by causing the seal to be impressed, affixed, reproduced, or otherwise used. However, the failure to affix a seal does not affect the validity of an instrument.
(4) Adopt, amend, and repeal the following:
(A) Bylaws for the administration of the district's affairs.
(B) Rules and regulations for the following:
(i) The control of the administration and operation of the district's service and facilities.
(ii) The exercise of all of the district's rights of ownership.
(5) Construct, acquire, lease, operate, or manage works and obtain rights, easements, licenses, money, contracts, accounts, liens, books, records, maps, or other property, whether real, personal, or mixed, of a person or an eligible entity.
(6) Assume in whole or in part any liability or obligation of:
(A) a person;
(B) a nonprofit water, sewage, or solid waste project system; or
(C) an eligible entity;
including a pledge of part or all of the net revenues of a works to the debt service on outstanding bonds of an entity in whole or in part in the district and including a right on the part of the district to indemnify and protect a contracting party from loss or liability by reason of the failure of the district to perform an agreement assumed by the district or to act or discharge an obligation.
(7) Fix, alter, charge, and collect reasonable rates and other charges in the area served by the district's facilities to every person whose premises are, whether directly or indirectly, supplied with water or provided with sewage or solid waste services by the facilities for the purpose of providing for the following:
(A) The payment of the expenses of the district.
(B) The construction, acquisition, improvement, extension, repair, maintenance, and operation of the district's facilities and properties.
(C) The payment of principal or interest on the district's obligations.
(D) To fulfill the terms of agreements made with:
(i) the purchasers or holders of any obligations; or
(ii) a person or an eligible entity.
(8) Except as provided in
(A) there is an available sanitary sewer within three hundred (300) feet of the property line;
(B) the district has given written notice by certified mail to the property owner at the address of the property at least ninety (90) days before a date for connection to be stated in the notice; and
(C) if the property is located outside the district's territory:
(i) the district has obtained and provided to the property owner (along with the notice required by clause (B)) a letter of recommendation from the local health department that there is a possible threat to the public's health; and
(ii) if the property is also located within the extraterritorial jurisdiction of a municipal sewage works under IC 36-9-23 or a public sanitation department under IC 36-9-25, the municipal works board or department of public sanitation has acknowledged in writing that the property is within the municipal sewage works or department of public sanitation's extraterritorial jurisdiction, but the municipal works board or department of public sanitation is unable to provide sewer service.
However, a district may not require the owner of a property described in this subdivision to connect to the district's sewer system if the property is already connected to a sewer system that has received an NPDES permit and has been determined to be functioning satisfactorily.
(9) Provide by ordinance for
(10) Refuse the services of the district's facilities if the rates or other charges are not paid by the user.
(11) Control and supervise all property, works, easements, licenses, money, contracts, accounts, liens, books, records, maps, or other property rights and interests conveyed, delivered, transferred, or assigned to the district.
(12) Construct, acquire by purchase or otherwise, operate, lease, preserve, and maintain works considered necessary to accomplish the purposes of the district's establishment within or outside the district and enter into contracts for the operation of works owned, leased, or held by another entity, whether public or private.
(13) Hold, encumber, control, acquire by donation, purchase, or condemnation, construct, own, lease as lessee or lessor, use, and sell interests in real and personal property or franchises within or outside the district for:
(A) the location or protection of works;
(B) the relocation of buildings, structures, and improvements situated on land required by the district or for any other necessary purpose; or
(C) obtaining or storing material to be used in constructing and maintaining the works.
(14) Upon consent of two-thirds (2/3) of the members of the board, merge or combine with another district into a single district on terms so that the surviving district:
(A) is possessed of all rights, franchises, and authority of the constituent districts; and
(B) is subject to all the liabilities, obligations, and duties of each of the constituent districts, with all rights of creditors of the constituent districts being preserved unimpaired.
(15) Provide by agreement with another eligible entity for the joint construction of works the district is authorized to construct if the construction is for the district's own benefit and that of the other entity. For this purpose the cooperating entities may jointly appropriate land either within or outside their respective borders if all subsequent proceedings, actions, powers, liabilities, rights, and duties are those set forth by statute.
(16) Enter into contracts with a person, an eligible entity, the state, or the United States to provide services to the contracting party for any of the following:
(A) The distribution or purification of water.
(B) The collection or treatment of sanitary sewage.
(C) The collection, disposal, or recovery of solid waste.
(17) Make provision for, contract for, or sell the district's byproducts or waste.
(18) Exercise the power of eminent domain, including for purposes of siting sewer or water utility infrastructure, but only after the district attempts to use existing public rights-of-way or easements.
(19) Remove or change the location of a fence, building, railroad, canal, or other structure or improvement located within or outside the district. If:
(A) it is not feasible or economical to move the building, structure, or improvement situated in or upon land acquired; and
(B) the cost is determined by the board to be less than that of purchase or condemnation;
the district may acquire land and construct, acquire, or install buildings, structures, or improvements similar in purpose to be exchanged for the buildings, structures, or improvements under contracts entered into between the owner and the district.
(20) Employ consulting engineers, superintendents, managers, and other engineering, construction, and accounting experts, attorneys, bond counsel, employees, and agents that are necessary
for the accomplishment of the district's purpose and fix their
compensation.
(21) Procure insurance against loss to the district by reason of
damages to the district's properties, works, or improvements
resulting from fire, theft, accident, or other casualty or because of
the liability of the district for damages to persons or property
occurring in the operations of the district's works and
improvements or the conduct of the district's activities.
(22) Exercise the powers of the district without obtaining the
consent of other eligible entities. However, the district shall:
(A) restore or repair all public or private property damaged in
carrying out the powers of the district and place the property
in the property's original condition as nearly as practicable; or
(B) pay adequate compensation for the property.
(23) Dispose of, by public or private sale or lease, real or personal
property determined by the board to be no longer necessary or
needed for the operation or purposes of the district.
(b) Subject to subsection (d),
(1) The property owner's septic tank soil absorption system was new at the time of installation and was approved in writing by the local health department.
(2) The property owner, at the property owner's own expense, obtains and provides to the district a certification from the local health department or the department's designee that the septic tank soil absorption system is functioning satisfactorily. If the local health department or the department's designee denies the issuance of a certificate to the property owner, the property owner may appeal the denial to the board of the local health department. The decision of the board is final and binding.
(3) The property owner provides the district with:
(A) the written notification of potential qualification for the exemption described in subsection
(B) the certification described in subdivision (2);
within the time limits set forth in subsection
(c) If a property owner, within the time allowed under subsection
(g), (f), notifies a district in writing that the property owner qualifies for
the exemption under this section, the district shall, until the property
owner's eligibility for an exemption under this section is determined,
suspend the requirement that the property owner discontinue use of a
septic tank soil absorption system and connect to the district's sewer
system.
(d) A property owner who qualifies for the exemption provided
under this section may not be required to connect to the district's sewer
system for a period of ten (10) years beginning on the date the new
septic tank soil absorption system was installed. A property owner
may apply for two (2) five (5) year extensions of the exemption
provided under this section by following the procedures set forth
in subsections (b) and (c). If ownership of the an exempt property
passes from the owner who qualified for the exemption to another
person is transferred during the a valid exemption period, including
during an extension of an initial exemption:
(1) the exemption does not apply applies to the subsequent owner
of the property for the remainder of the exemption period
during which the transfer occurred; and
(2) the subsequent owner may apply for any remaining
extensions.
However, the total period during which a property may be exempt
from the requirement to connect to a district's sewer system under
this section may not exceed twenty (20) years, regardless of
ownership of the property.
(e) The district may require a property owner who qualifies for the
exemption under this section to discontinue use of a septic tank soil
absorption system and connect to the district's sewer system if the
district credits the unamortized portion of the original cost of the
property owner's septic tank soil absorption system against the debt
service portion of the customer's monthly bill. The amount that the
district must credit under this subsection is determined in STEP TWO
of the following formula:
STEP ONE: Multiply the original cost of the property owner's
septic tank soil absorption system by a fraction, the numerator of
which is ninety-six (96) months minus the age in months of the
property owner's septic system, and the denominator of which is
ninety-six (96) months.
STEP TWO: Determine the lesser of four thousand eight hundred
dollars ($4,800) or the result of STEP ONE.
The district shall apportion the total credit amount as determined in
STEP TWO against the debt service portion of the property owner's
monthly bill over a period to be determined by the district, but not to
exceed twenty (20) years, or two hundred forty (240) months.
(f) (e) A district that has filed plans with the department to create or
expand a sewage district shall, within ten (10) days after filing the
plans, provide written notice to affected property owners:
(1) that the property owner may be required to discontinue the use
of a septic tank soil absorption system;
(2) that the property owner may qualify for an exemption from the
requirement to discontinue the use of the septic tank soil
absorption system; and
(3) of the procedures to claim an exemption.
(g) (f) To qualify for an exemption under this section, a property
owner must:
(1) within sixty (60) days after the date of the written notice given
to the property owner under subsection (f), (e), notify the district
in writing that the property owner qualifies for the exemption
under this section; and
(2) within sixty (60) days after the district receives the written
notice provided under subdivision (1), provide the district with
the certification required under subsection (b)(2).
(h) (g) When a property owner who qualifies for an exemption
under this section subsequently discontinues use of the property
owner's septic tank soil absorption system and connects to the district's
sewer system, the property owner may be required to pay only the
following to connect to the sewer system:
(1) The connection fee the property owner would have paid if the
property owner connected to the sewer system on the first date the
property owner could have connected to the sewer system.
(2) Any additional costs:
(A) considered necessary by; and
(B) supported by documentary evidence provided by;
the district.
(h) A property owner who connects to a district's sewer system
may provide, at the owner's expense, labor, equipment, materials,
or any combination of labor, equipment, and materials from any
source to accomplish the connection to the sewer system, subject to
inspection and approval by the board or a designee of the board.
(i) This section does not affect the authority of the state
department of health, a local health department, or a county health
officer with respect to a septic tank soil absorption system.
[EFFECTIVE JULY 1, 2012]: Sec. 2.6. A district may not require the
owner of a property described in section 2(8) of this chapter to
connect to the district's sewer system if:
(1) the property is located on at least ten (10) acres;
(2) the owner can demonstrate the availability of at least two
(2) areas on the property for the collection and treatment of
sewage that will protect human health and the environment;
(3) the waste stream from the property is limited to domestic
sewage from a residence or business;
(4) the system used to collect and treat the domestic sewage
has a maximum design flow of seven hundred fifty (750)
gallons per day; and
(5) the owner, at the owner's expense, obtains and provides to
the district a certification from the local health department or
the department's designee that the system is functioning
satisfactorily.
(1) A flat charge for each connection. If a board uses a flat charge as a factor to determine a rate or charge for a sewage works, the board must:
(A) prepare a concise written statement that summarizes the calculations and processes used to determine the amount of the flat charge; and
(B) provide a copy of the written statement to each person who:
(i) is required to pay the rate or charge; and
(ii) requests a paper copy of the summary.
(2) The amount of water used on the premises.
(3) The number and size of water outlets on the premises.
(4) The amount, strength, or character of sewage discharged into the sewers.
(5) The size of sewer connections.
(6) Whether the property served has been or will be required to pay separately for the cost of any of the facilities of the works.
(7) A combination of these or other factors that the board determines is necessary to establish nondiscriminatory, just, and equitable rates or charges.
(b)
subsection (a), the campground may instead elect to be billed for the
sewage service under this subsection by installing, A campground or
youth camp may be billed for sewage service at a flat rate or by
installing, at the campground's or youth camp's expense, a meter to
measure the actual amount of sewage discharged by the campground
or youth camp into the sewers. If a campground or youth camp elects
to be billed by use of a meter:
(1) the rate charged by a board for the metered sewage service
may not exceed the rate charged to residential customers for
equivalent usage; and
(2) the amount charged by a board for the campground's or youth
camp's monthly sewage service for the period beginning
September 1 and ending May 31 must be equal to the greater of:
(A) the actual amount that would be charged for the sewage
discharged during the month by the campground or youth
camp as measured by the meter. or
(B) the lowest monthly charge paid by the campground for
sewage service during the previous period beginning June 1
and ending August 31.
(c) If a campground or youth camp does not install a meter under
subsection (b) and is billed for sewage service at a flat rate, under
subsection (a), for a calendar year beginning after December 31, 2004:
(1) each campsite at the campground may not equal more than
one-third (1/3) of one (1) resident equivalent unit; and
(2) each bed at the youth camp may not equal more than
one-eighth (1/8) of one (1) residential equivalent unit.
The basic monthly charge for the campground's or youth camp's
sewage service must be equal to the number of the campground's or
youth camp's resident equivalent units multiplied by the rate charged
by the board for a resident unit.
(d) The board may impose additional charges on a campground or
youth camp under subsections (b) and (c) if the board incurs
additional costs that are caused by any unique factors that apply to
providing sewage service for the campground or youth camp,
including, but not limited to:
(1) the installation of:
(A) oversized pipe; or
(B) any other unique equipment;
necessary to provide sewage service for the campground or youth
camp; and
(2) concentrations of biochemical oxygen demand (BOD) that
exceed federal pollutant standards.
(1) originally introduced; or
(2) modified and amended;
shall be passed and put into effect after the hearing.
(b) A copy of the schedule of the rates and charges established must be:
(1) kept on file in the office of the district; and
(2) open to public inspection.
(c) Whenever the board acts under section 8(b) of this chapter, to change or readjust the rates and charges, the board shall mail, either separately or along with a periodic billing statement, a notice of the new rates and charges to each user affected by the change or readjustment. In the case of a sewage district, if the change or readjustment increases the rates and charges by the amount specified in section 15(c) of this chapter, the notice required by this subsection:
(1) must include a statement of a
(2) shall be mailed within the time specified in section 15(c) of this chapter.
(d) Following the passage of an ordinance under subsection (a), the lesser of fifty (50) or ten percent (10%) of the ratepayers of the district may file a written petition objecting to the initial rates and charges of the district. A petition filed under this subsection must:
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the county where at least one (1) petitioner resides, not later than thirty (30) days after the district adopts the ordinance; and
(3) set forth the grounds for the ratepayers' objection.
(e) The district authority shall set the matter for public hearing not less than ten (10) business days but not later than twenty (20) business days after the petition has been filed. The district authority shall send notice of the hearing by certified mail to the district and the first listed petitioner and publish the notice of the hearing in a newspaper of general circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall hear the evidence produced and determine the following:
(1) Whether the board of trustees of the district, in adopting the ordinance establishing sewer rates and charges, followed
the procedure required by this chapter.
(2) Whether the sewer rates and charges established by the
board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this
chapter.
(g) After the district authority hears the evidence produced and
makes the determinations set forth in subsection (f), the district
authority, by a majority vote, shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter, subject
to the standards set forth in section 9 of this chapter.
(h) The order of the district authority may be appealed by the
district or a petitioner to the circuit court of the county in which
the district is located. The court shall try the appeal without a jury
and shall determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting
the ordinance establishing sewer rates and charges, followed
the procedure required by this chapter.
(2) Whether the sewer rates and charges established by the
board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this
chapter.
Either party may appeal the circuit court's decision in the same
manner that other civil cases may be appealed.
(1) must consist of an odd number of members;
(2) must consist of at least three (3) members; and
(3) may not include as a member any person who serves on the board of trustees of the district.
(b) The district authority of a regional sewage district consists of the following members:
(1) In the case of a regional sewage district located in one (1) county, the following members:
(A) If no members of the county executive are trustees of the regional sewage district, the county executive of the county.
(B) If:
(i) one (1) or more members of the county executive are
trustees of the regional sewage district; and
(ii) no members of the county fiscal body are trustees of the
regional sewage district;
the members of the county fiscal body.
(C) If the regional sewage district's board of trustees consists
of one (1) or more members of the county executive and one
(1) or more members of the county fiscal body, three (3)
members appointed as follows:
(i) Two (2) members appointed by the county executive. If
not all of the members of the county executive are trustees
of the district, the county executive may appoint either or
both of the two (2) members required by this item from
among the county executive's own membership, subject to
subsection (a)(3).
(ii) One (1) member appointed by the county fiscal body. If
not all of the members of the county fiscal body are trustees
of the district, the county fiscal body may appoint the
member required by this item from among the county fiscal
body's own membership, subject to subsection (a)(3).
(2) In the case of a regional sewage district located in more than
one (1) county, the following members:
(A) If:
(i) an odd number of counties are part of the regional sewage
district; and
(ii) each county in the district has at least one (1) county
executive member who is not a trustee of the regional
sewage district;
one (1) county executive member, appointed by that member's
county executive, from each county in which the district is
located, subject to subsection (a)(3).
(B) If an even number of counties are part of the regional
sewage district, the following members:
(i) Two (2) county executive members, appointed by those
members' county executive, from the county that has the
largest number of customers served by the district's sewer
system. However, if the county that has the largest number
of customers served by the district's sewer system does not
have at least two (2) members of its executive who are not
also trustees of the district, the county executive of that
county may appoint one (1) or more of the members
required by this item from outside the county executive's
own membership in order to comply with subsection (a)(3).
(ii) One (1) county executive member, appointed by that member's county executive, from each county, other than the county described in item (i), in which the district is located. However, if a county described in this item does not have at least one (1) member of its executive who is not also a trustee of the district, the county executive of that county may appoint the member required by this item from outside the county executive's own membership in order to comply with subsection (a)(3).
(C) If an odd number of counties are part of the regional sewage district and an odd number of those counties in the district do not have at least one (1) county executive member who is not also a trustee of the district, the following members:
(i) One (1) county executive member, appointed by that member's county executive, from each county that has at least one (1) county executive member who is not also a trustee of the district, subject to subsection (a)(3).
(ii) One (1) member appointed by the county executive of each county that does not have at least one (1) county executive member who is not also a trustee of the district. A member appointed under this item must be appointed from outside the appointing county executive's own membership, subject to subsection (a)(3).
(c) If a district adopts an ordinance increasing sewer rates and charges at a rate that is greater than five percent (5%) per year, as calculated from the rates and charges in effect from the date of the district's last rate increase, the district shall mail, either separately or along with a periodic billing statement, a notice of the new rates and charges to each user of the sewer system who is affected by the increase. The notice:
(1) shall be mailed not later than seven (7) days after the district adopts the ordinance increasing the rates and charges; and
(2) must include a statement of a
(d) If subsection (c) applies, fifty (50)
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the county where at least one (1) petitioner resides, not later than thirty (30) days after the district adopts the ordinance establishing the rates
and charges; and
(3) set forth the grounds for the freeholders' ratepayers'
objection.
If a petition meeting the requirements of this subsection is filed, the
district authority shall investigate and conduct a public hearing on the
petition. If more than one (1) petition concerning a particular increase
in rates and charges is filed, the district authority shall consider the
objections set forth in all the petitions at the same public hearing.
(e) The district authority shall set the matter for public hearing not
less than ten (10) business days but not later than twenty (20) business
days after the petition has been filed. The district authority shall send
notice of the hearing by certified mail to the district and the first listed
petitioner and publish the notice of the hearing in a newspaper of
general circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall hear
the evidence produced and determine the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance increasing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by
the board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
(g) After the district authority hears the evidence produced and
makes the determinations set forth in subsection (f), the district
authority, by a majority vote, shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter, subject to the
standards set forth in section 9 of this chapter.
(h) The order of the district authority may be appealed by the district
or a petitioner to the circuit court of the county in which the district is
located. The court shall try the appeal without a jury and shall
determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance increasing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the increased sewer rates and charges established by
the board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
Either party may appeal the circuit court's decision in the same manner
that other civil cases may be appealed.
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. Rates, fees, or charges made, assessed, or
established by the district are a lien, in the same manner established
under IC 36-9-23 for municipal sewage works, on a lot, parcel of land,
or building that is connected with or uses the works of the district.
Liens under this chapter:
(1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonable
attorney's fees on recovery; and
(4) shall be collected and enforced; and, if necessary, foreclosed;
in substantially the same manner as provided in IC 36-9-23-31 through
IC 36-9-23-34. A lien under this chapter that is the only lien on a
property may not be foreclosed.
(b) A health officer, upon
(1) be in writing;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
(c) If a person refuses or neglects to obey an order issued under this section, the attorney representing the county of the health jurisdiction where the offense occurs shall, upon receiving the information from the health officer, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action concerning public health is a criminal offense, a law enforcement authority with jurisdiction over the place where the offense occurred shall be notified.
(d) A complaint made under subsection (b) must include adequate details to allow the health officer to verify the existence of the unlawful conditions that are the subject of the complaint. A health officer shall provide a copy of a complaint upon request to the person who is the subject of the complaint.
(e) A person who provides false information upon which a health officer relies in issuing an order under this section commits a Class C infraction.
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