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 personmay be ordered to connect to or receive and treat sewage from anyother person or from an industry, a shopping center, a mobile homecommunity, or a housing development when the service and use willnot:
        (1) result in irreparable injury to the receiving equipment; or
        (2) make impossible the provision of the service previouslyprovided 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 forconnection and service under this chapter.
    (b) If service is ordered under this chapter, a receiver of thatservice that is located in an unincorporated area may grant a waiverto a municipality providing the service. A waiver under this section:
        (1) must waive the receiver's right of remonstrance againstannexation of the areas in which the service is to be provided;and
        (2) may be one (1) of the terms for connection and servicedescribed in subsection (a).
    (c) The waiver, if granted:
        (1) shall be noted on the deed of each property affected andrecorded 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 adetermination of any question upon which an agreement was notreached.
    (b) Upon application to the commission, the commission shall, inaccordance with the commission's procedures:
        (1) determine:
            (A) the reasonable and just charges; and
            (B) the compensation to be made for the connection andservice; 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 theconnection.
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 thischapter has all rights of appeal as with other orders of thecommission.
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 asewer or water service because a person other than the landowner haspolluted or contaminated the area is not required to grant amunicipality 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 haspaid 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.