2015 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 18. WATER POLLUTION CONTROL CHAPTER 15. CONNECTION TO SEWAGE SERVICE
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IC 13-18-15
Chapter 15. Connection to Sewage Service
IC 13-18-15-1
Order to connect or receive and treat sewage
Sec. 1. If the commissioner finds it is in the interest of the health,
safety, convenience, and welfare of the residents of an area, a person
may be ordered to connect to or receive and treat sewage from any
other person or from an industry, a shopping center, a mobile home
community, or a housing development when the service and use will
not:
(1) result in irreparable injury to the receiving equipment; or
(2) make impossible the provision of the service previously
provided to the users of the equipment.
As added by P.L.1-1996, SEC.8. Amended by P.L.87-2005, SEC.1.
IC 13-18-15-2
Negotiation of terms; remonstrance waivers
Sec. 2. (a) The persons involved shall negotiate the terms for
connection and service under this chapter.
(b) If service is ordered under this chapter, a receiver of that
service that is located in an unincorporated area may grant a waiver
to a municipality providing the service. A waiver under this section:
(1) must waive the receiver's right of remonstrance against
annexation of the areas in which the service is to be provided;
and
(2) may be one (1) of the terms for connection and service
described in subsection (a).
(c) The waiver, if granted:
(1) shall be noted on the deed of each property affected and
recorded as provided by law; and
(2) is considered a covenant running with the land.
(d) Notwithstanding any other law, a waiver of the right of
remonstrance executed after June 30, 2015, expires not later than
fifteen (15) years after the date the waiver was executed.
(e) This subsection applies to any deed recorded after June 30,
2015. This subsection applies only to property that is subject to a
remonstrance waiver. A municipality shall, within a reasonable time
after the recording of a deed to property located within the
municipality, provide written notice to the property owner that a
waiver of the right of remonstrance exists with respect to the
property.
As added by P.L.1-1996, SEC.8. Amended by P.L.228-2015, SEC.2.
IC 13-18-15-3
Failure of negotiations; determination and order
Sec. 3. (a) If the negotiations fail:
(1) any person involved; or
Indiana Code 2015
(2) the department;
may apply to the Indiana utility regulatory commission for a
determination of any question upon which an agreement was not
reached.
(b) Upon application to the commission, the commission shall, in
accordance with the commission's procedures:
(1) determine:
(A) the reasonable and just charges; and
(B) the compensation to be made for the connection and
service; and
(2) enter an order designating:
(A) each person who shall perform the work of establishing
the connection; and
(B) the other conditions that are necessary to effect the
connection.
As added by P.L.1-1996, SEC.8.
IC 13-18-15-4
Appeal
Sec. 4. Any person aggrieved by an order under section 3 of this
chapter has all rights of appeal as with other orders of the
commission.
As added by P.L.1-1996, SEC.8.
IC 13-18-15-5
Waiver against remonstrance
Sec. 5. A landowner in an unincorporated area who connects to a
sewer or water service because a person other than the landowner has
polluted or contaminated the area is not required to grant a
municipality a waiver against remonstrance if:
(1) the area in which the service to be provided is annexed; and
(2) a person other than the landowner or the municipality has
paid the cost of extension of or connection to the service.
As added by P.L.1-1996, SEC.8. Amended by P.L.124-1996, SEC.8.
Indiana Code 2015
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