CHAPTER 15. CONNECTION TO SEWAGE SERVICE

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
    
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.
As added by P.L.1-1996, SEC.8.

IC 13-18-15-3
Failure of negotiations; determination and order
    
Sec. 3. (a) If the negotiations fail:
        (1) any person involved; or
        (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.