Bill Text: IN SB0400 | 2012 | Regular Session | Introduced
Bill Title: Mandatory sewer connection.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Utilities & Technology [SB0400 Detail]
Download: Indiana-2012-SB0400-Introduced.html
Citations Affected: IC 8-1-2-125.
Synopsis: Mandatory sewer connection. Provides that a not-for-profit
sewer utility may not require a property owner to connect to its sewer
system and discontinue use of a septic disposal system that is
functioning satisfactorily as determined by a local health department.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Utilities & Technology.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
(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.
(b) As used in this section, "septic disposal system" means a septic tank, cesspool, privy, or other similar structure used to dispose of sewage or similar waste.
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), (f), 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, septic disposal systems 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.
(e) (f) A not-for profit 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 septic disposal systems if:
(1) the source of the waste is more than five hundred (500) feet
from the point of connection to its sewer system; or
(2) the septic disposal system is functioning satisfactorily as
determined by the local health department. The property
owner, at the property owner's own expense, must obtain and
provide to the not-for-profit sewer utility a certification from
the local health department that the septic disposal system is
functioning satisfactorily. If the local health department
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.
(g) To qualify for an exemption under subsection (f)(2), a
property owner must:
(1) within sixty (60) days after the date of the written notice
given to the property owner under subsection (e)(2), notify the
not-for-profit sewer utility in writing that the property owner
qualifies for the exemption under subsection (f)(2); and
(2) within sixty (60) days after the not-for-profit sewer utility
receives the written notice provided under subdivision (1),
provide the utility with the certification required under
subsection (f)(2).
(h) A certification issued under subsection (f)(2) expires on the
earlier of the following dates:
(1) The date on which the property owner to whom the
certification is issued discontinues use of the septic disposal
system that is the subject of the certification.
(2) A period determined by the local health department, but
not less than two (2) years. Upon the expiration of a
certification, a property owner may reapply for an exemption
under subsection (f)(2).
