Indiana § 13-26-8-4 - Addition of territory to regional sewage or solid waste district other than at request of eligible entity

§ 13-26-8-4. Addition of territory to regional sewage or solid waste district other than at request of eligible entity

Sec. 4. (a) This section applies to the addition of territory to a regional sewage or solid waste district other than at the request of an eligible entity described in section 1 of this chapter. This section does not apply to a regional water district.

(b) To add territory to a district already established, the board of the district must file with the department a motion adopted by the board requesting the addition of territory to the district. If the motion is for the addition of territory to a regional sewage district, the board, not later than ten (10) days after filing the motion with the department, must also file a copy of the motion in the office of:

(1) the executive of each governmental entity having territory within the territory proposed to be added to the regional sewage district; and

(2) the executive of a city or town having:

(A) a municipal sewage works under IC 36-9-23; or

(B) a public sanitation department under IC 36-9-25;

if the territory proposed to be added to the regional sewage district includes territory within the extraterritorial jurisdiction of the municipal sewage works or public sanitation department.

(c) Except as provided under subsections (d) and (e), if a motion is filed with the department under subsection (b):

(1) the same procedure must be used to add territory to the district as is provided for the establishment of a district under IC 13-26-2; and

(2) the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.

(d) Not more than one hundred eighty (180) days after the date a motion is filed with the department under subsection (b) to add territory to a district already established, if a petition is filed with the department that is signed by a majority of the freeholders within the area proposed to be added and indicating that the freeholders are opposed to the addition of the area by the district:

(1) the department may not proceed under subsection (c); and

(2) the territory may not be added to the district.

(e) For purposes of subsection (c):

(1) the commissioner is not required to appoint a hearing officer under IC 13-26-2-5;

(2) the board shall:

(A) provide the notice of; and

(B) conduct;

the hearing required under IC 13-26-2-6; and

(3) instead of making findings and recommendations under IC 13-26-2-8, the board shall submit documentary evidence to the commissioner to prove the:

(A) notice was provided; and

(B) hearing was conducted;

by the board as required under subdivision (2).

As added by P.L.123-2011, SEC.3. Amended by P.L.292-2013, SEC.9; P.L.165-2018, SEC.5.

IC 13-26-9Chapter 9. Territorial Authority of Sewage Disposal Companies

13-26-9-1Effect of chapter 13-26-9-2Certificates; conditions 13-26-9-3Exemption from certain ordinances and rules