Bill Text: IN HB1117 | 2012 | Regular Session | Amended
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-Amended.html
Citations Affected: IC 8-1; IC 13-11; IC 13-26; IC 16-41; IC 32-21.
Synopsis: Regional water, sewage, or waste districts and utilities.
Provides that if a not-for-profit sewer utility uses eminent domain to
acquire an easement or right-of-way, the easement or right-of-way may
not exceed 50 feet. Requires notice and a hearing before a petition may
be filed to establish a regional water, sewage, or solid waste district
(district). Establishes requirements for appointment to the board of
trustees of a district. Provides that a district may not require a property
owner to connect to the district's sewer under certain conditions for five
years. Allows the property owner to apply for additional and unlimited
five year extensions. Provides that if a district uses a flat charge to
determine a rate or charge for a sewage works, the district must provide
a written summary of how the flat charge was calculated. Allows a
campground or youth camp to be billed for sewage service at a flat rate
or by installing a meter to measure the actual amount of sewage.
Establishes a procedure by which a ratepayer may object to initial rates
and charges established by a district. Requires a local health
department to notify an applicant for a residential septic system permit
of the existence of a district. Provides that a homeowner may include
in a residential sales disclosure form information relating to a district.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Environmental Affairs.
January 25, 2012, amended, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(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.
establish a district, the representative must provide notice to all
owners of property to be served by the proposed district that is the
subject of the petition.
(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 must conduct a public meeting to discuss
and receive comments on the proposed district.
(d) A representative may not file a petition:
(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 must:
(1) own real property within the district; or
(2) be a trustee appointed under section 4 or 5 of this chapter.
(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 reasonable penalties for failure to connect and also apply to the circuit or superior court of the county in which the property is located for an order to force connection, with the cost of the action, including reasonable attorney's fees of the district, to be assessed by the court against the property owner in the action.
(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.
(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.
(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.
(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground
surface or to surface waters.
(3) Effluent discharged from the system contaminates a
potable water supply, ground water, or surface waters.
(b) Subject to subsection (d) and except as provided in subsection
(e), A property owner is exempt from the requirement to connect to a
district's sewer system and to discontinue use of a septic tank soil
absorption sewage disposal system if the following conditions are met:
(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 (g); and
(B) the certification described in subdivision (2);
within the time limits set forth in subsection (g).
(c) If a property owner, within the time allowed under subsection
(g), 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. If ownership of the
property passes from the owner who qualified for the exemption to
another person during the exemption period, the exemption does not
apply to the subsequent owner 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. if the
sewage disposal system is not failing.
(f) (c) 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 sewage disposal system;
(2) that the property owner may qualify for an exemption from the
requirement to discontinue the use of the septic tank soil
absorption sewage disposal system; and
(3) of the procedures to claim an exemption.
(g) (d) To qualify for an exemption under this section, a property
owner must, (1) within sixty (60) twenty (20) days after the date of the
written notice given to the property owner under subsection (f), (c),
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) 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.
because the sewage disposal system is not failing or because the
property owner intends to repair or replace the sewage disposal
system, as applicable. Upon receipt of notice under this subsection,
the district shall suspend the requirement to discontinue use of the
sewage disposal system for one hundred eighty (180) days, during
which the property owner shall repair or replace the sewage
disposal system as needed. Before the expiration of the one
hundred eighty (180) days, the property owner shall notify the
district in writing that:
(1) the sewage disposal system has been repaired or replaced,
as applicable, and is not failing; or
(2) the property owner requires additional time to repair or
replace the system.
A district that receives notice under subdivision (2) may grant the
property owner additional time as it determines proper.
(e) A property owner who qualifies for an exemption under this
section:
(1) may not be required to:
(A) connect to a district's sewer system; and
(B) discontinue use of a sewage disposal system;
for five (5) years beginning on the date the exemption begins;
and
(2) may apply for additional and unlimited five (5) year
extensions of the exemption if the owner obtains and provides
to the district, at the owner's expense, a certification from the
local health department or the department's designee that the
sewage disposal system is not failing.
(f) 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.
(g) This section does not prohibit the state department of health,
a local health department, or a county health officer from
proceeding under IC 16-41-20 to declare a dwelling served by a
sewage disposal system a public nuisance and pursuing all
available remedies.
(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 own 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 written statement of not more than one (1) page in length 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)
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,
each campsite at the campground or youth camp may not equal more
than one-third (1/3) of one (1) resident 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 freeholder's rights under section 15 of this chapter; and
(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 freeholder's ratepayer's rights
under this section.
(d) If subsection (c) applies, fifty (50) freeholders ratepayers of the
district or ten percent (10%) of the district's freeholders, ratepayers,
whichever is fewer, may file a written petition objecting to the 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 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.
located in the service district of a regional sewage district.
