Indiana § 13-30-2-2 - Offer to provide service or allocate sewer tap without capacity to do so; liability

§ 13-30-2-2. Offer to provide service or allocate sewer tap without capacity to do so; liability

Sec. 2. (a) A person, excluding a municipality, who owns or operates a water pollution treatment or control facility or sanitary sewer may not offer to provide service or allocate a sewer tap to a person without:

(1) having the capacity to provide the service or allocation; and

(2) reserving the capacity to provide the service or allocation;

to the property owner to whom the offer or allocation was made.

(b) A person who violates subsection (a) who:

(1) issued a written letter of intent or commitment to provide service or allocate a sewer tap to a property owner;

(2) failed to reserve the capacity to provide the service or tap; and

(3) as a result of failing to reserve that capacity, adversely affected the value of property of a property owner to whom the letter of intent was issued;

is liable for damages to the property owner.

(c) In an action brought by a property owner under this section, the damages are equal to the value of the property as the property would have appreciated in value but for the failure of the property to have been provided sewer service or a sewer tap.

(d) Notwithstanding IC 34-11-1-2, a property owner who has a continuing claim under this section may assert that claim until May 15, 1997.

[Pre-1996 Recodification Citation: 13-7-4-4.]

As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.107.

IC 13-30-3Chapter 3. Investigation of Violations; Administrative Proceedings and Orders

13-30-3-1Investigations; initiation 13-30-3-2Procedures 13-30-3-3Notice of violation; offer of opportunity to enter into agreed order; failure to enter into agreed order 13-30-3-4Notice; contents 13-30-3-5Order; effective date; review 13-30-3-6Order; approval based on agreement before final order 13-30-3-7Final order; judicial review 13-30-3-8Private actions permitted; conditions 13-30-3-9Hearings; complainant's burden 13-30-3-10Orders; determinations 13-30-3-11Orders of commissioner 13-30-3-12Performance bond; surety 13-30-3-13Landowners on whose land garbage has been dumped without consent; parties; expenses; attorney's fees