Indiana § 36-9-22-5 - Sewer connected to existing works; certain cases; amounts to be included in cost estimate and assessments; payment of assessments in installments; amount of bonds; cash payments

§ 36-9-22-5. Sewer connected to existing works; certain cases; amounts to be included in cost estimate and assessments; payment of assessments in installments; amount of bonds; cash payments

Sec. 5. (a) This section applies when:

(1) any part of the cost of a sewer, whether local or general, storm, sanitary, combination, or otherwise, is to be assessed against the owners of real property;

(2) the proposed sewer is to be connected into sewage works constructed under this chapter; and

(3) the owners did not contribute to the cost of those sewage works.

(b) There shall be included in:

(1) the engineer's estimate submitted to the municipal works board before the hearing on the proposed sewer; and

(2) the assessments;

a sum equal to the amount provided in or computed from the contract as the fair pro rata share due from the owners upon and for the contracted sewage works, including any interest owed. The sum included in the engineer's estimate must be separately itemized.

(c) If an owner elects to pay the owner's assessment by installments in anticipation of which bonds and coupons are issued, the amount of the bonds and coupons must include the fair pro rata share of the cost of the contracted sewage works. However, an owner may elect to pay the fair pro rata share in cash within sixty (60) days after the assessment is final and to pay the remainder of the assessment in installments.

[Pre-Local Government Recodification Citation: 19-2-7-19 part.]

As added by Acts 1981, P.L.309, SEC.95. Amended by P.L.127-2017, SEC.312.

IC 36-9-22.5Chapter 22.5. Use of Right-of-Way for Sewer and Water Connections

36-9-22.5-1"Qualified inspector" 36-9-22.5-2"Sewage disposal system" 36-9-22.5-3"Sewer system" 36-9-22.5-4"Water utility" 36-9-22.5-5Installation of sewer line through a unit's right-of-way to connect to another unit's sewer system 36-9-22.5-6Installation of water service line through a unit's right-of-way to connect to another unit's waterworks 36-9-22.5-7No effect on authority of unit or department of transportation 36-9-22.5-8No effect on rights of utility

IC 36-9-22.5-1"Qualified inspector" Sec. 1. As used in this chapter, "qualified inspector", with respect to an onsite sewage system, means any of the following:

(1) An employee of a local health department who is designated by the local health department as having knowledge of onsite sewage systems sufficient to determine whether an onsite sewage system is failing.

(2) An individual who is certified by the Indiana Onsite Wastewater Professionals Association as an onsite sewage system installer or inspector.

(3) An individual listed by:

(A) the Indiana department of health; or

(B) the local health department with jurisdiction over the service area of the property inspected;

as having sufficient knowledge of onsite sewage systems to determine whether an onsite sewage system is failing.

As added by P.L.150-2019, SEC.2. Amended by P.L.56-2023, SEC.335.

IC 36-9-22.5-2"Sewage disposal system" Sec. 2. As used in this chapter, "sewage disposal system" means a privy, cesspool, septic tank, or other similar structure. The term includes the following:

(1) A septic tank soil absorption system (as defined in IC 13-11-2-199.5).

(2) A constructed wetland septic system (as defined in IC 36-9-23-30.1(a)).

(3) An onsite sewage system (as defined in IC 13-11-2-144.8).

The term does not include a sewer system.

As added by P.L.150-2019, SEC.2.

IC 36-9-22.5-3"Sewer system" Sec. 3. As used in this chapter, "sewer system" includes a sewer system owned or operated by any of the following:

(1) A public utility (as defined in IC 8-1-2-1(a)).

(2) A municipality under IC 36-9-23 or IC 36-9-25.

(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).

(4) A cooperatively owned corporation.

(5) A conservancy district established under IC 14-33.

(6) A regional sewer district established under IC 13-26.

The term does not include a sewer system owned or operated by the Indiana department of transportation.

As added by P.L.150-2019, SEC.2.

IC 36-9-22.5-4"Water utility" Sec. 4. As used in this chapter, "water utility" means:

(1) a public utility (as defined in IC 8-1-2-1(a));

(2) a municipally owned utility (as defined in IC 8-1-2-1(h));

(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));

(4) a cooperatively owned corporation;

(5) a conservancy district established under IC 14-33; or

(6) a regional water district established under IC 13-26;

that provides water service to the public.

As added by P.L.150-2019, SEC.2.

IC 36-9-22.5-5Installation of sewer line through a unit's right-of-way to connect to another unit's sewer system Sec. 5. (a) This section applies to the owner of a lot, parcel of real property, or building if:

(1) the sewage disposal system that serves the lot, parcel, or building is failing; and

(2) the owner seeks to install (or to cause to be installed) a sewer line or other sewage works:

(A) in or through a public right-of-way owned or controlled by a unit; and

(B) for the purpose of connecting the owner's lot, parcel of real property, or building to a sewer system owned or operated by a unit or an entity other than the unit described in clause (A);

regardless of whether the proposed installation will be accomplished by excavation, directional boring, or any other commonly used method of installation.

(b) An owner may not install a sewer line or other sewage works as described in subsection (a) unless:

(1) the unit or other entity that owns or operates the sewer system executes a sewer agreement with the owner of the lot, parcel, or building;

(2) the sewer line or sewage works does not extend outside the regulated territory, if any, in which the property is located; and

(3) the owner has obtained all permits and approvals that are required by the state and the unit in which the lot, parcel, or building is located for installation of the sewer line or other sewage works.

(c) This subsection does not apply to the Indiana department of transportation with respect to any right-of-way owned or controlled by the department. A unit may not prohibit the installation of a sewer line or other sewage works as described in subsection (a) in or through a public right-of-way owned or controlled by the unit if the following conditions are met:

(1) The property owner seeking to install the sewer line or other sewage works does both of the following:

(A) Obtains, at the property owner's expense, a written determination from any of the following that the sewage disposal system serving the property owner's property is failing:

(i) The local health department.

(ii) The local health department's designee.

(iii) The board of the local health department, if the local health department or the local health department's designee, in response to a property owner's request for a determination under this clause, determines that the sewage disposal system serving the property owner's property is not failing, and the property owner appeals that determination to the board of the local health department.

(iv) A qualified inspector.

A written determination by the board of a local health department under item (iii) or by a qualified inspector under item (iv) as to whether a sewage disposal system serving a property owner's property is failing is final and binding for purposes of this chapter.

(B) Provides the written determination described in clause (A) to the unit:

(i) before the installation of the sewer line or other sewage works; and

(ii) not later than the date of application for all necessary construction or other permits required for the project.

(2) The property owner submits along with, or as part of, the written determination required under subdivision (1)(B) a signed statement agreeing to restore or repair all public or private property damaged in carrying out the installation described in subsection (a) and to place the property in the property's original condition as nearly as practicable, in accordance with the requirements of the unit that owns or controls the right-of-way, regardless of whether the restoration or repair will be undertaken or performed by the property owner, by the owner or operator of the sewer system to which the property is to be connected, or by some other party.

(d) For purposes of this section, a sewage disposal system is "failing" if one (1) or more of the following apply:

(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.

(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.

(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.

As added by P.L.150-2019, SEC.2.

IC 36-9-22.5-6Installation of water service line through a unit's right-of-way to connect to another unit's waterworks Sec. 6. (a) This section applies if the owner of a lot, parcel of real property, or building seeks to install (or to cause to be installed) a water service line or other infrastructure for the delivery of water utility service to the owner's lot, parcel of real property, or building:

(1) in or through a public right-of-way owned or controlled by a unit; and

(2) for the purpose of connecting the owner's lot, parcel of real property, or building to a waterworks that is owned or operated by a water utility other than a water utility owned or operated by the unit;

regardless of whether the proposed installation will be accomplished by excavation, directional boring, or any other commonly used method of installation.

(b) An owner may not install a water service line or other infrastructure as described in subsection (a) unless:

(1) the water utility that owns or operates the waterworks executes a service agreement with the owner of the lot, parcel, or building;

(2) the water service line or other infrastructure does not extend outside the regulated territory, if any, in which the property is located; and

(3) the owner obtains all permits and approvals that are required by the state and the unit in which the lot, parcel, or building is located for installation of the water service line or other infrastructure.

(c) This subsection does not apply to the Indiana department of transportation with respect to any right-of-way owned or controlled by the department. A unit may not prohibit the installation of a water service line or other infrastructure as described in subsection (a) in or through a public right-of-way owned or controlled by the unit if the following conditions are met:

(1) The lot, parcel of real property, or building that the property owner seeks to connect to a waterworks is served by a private water well.

(2) The property owner submits before the installation of the water service line or other infrastructure, and not later than the date of application for all necessary construction or other permits required for the project, a signed statement agreeing to do the following:

(A) Abandon and plug the property owner's existing well in accordance with IC 25-39-2-14 and rules adopted under IC 25-39.

(B) Restore or repair all public or private property damaged in carrying out the installation described in subsection (a) and to place the property in the property's original condition as nearly as practicable, in accordance with the requirements of the unit that owns or controls the right-of-way, regardless of whether the restoration or repair will be undertaken or performed by the property owner, by the owner or operator of the waterworks to which the property is to be connected, or by some other party.

As added by P.L.150-2019, SEC.2.

IC 36-9-22.5-7No effect on authority of unit or department of transportation Sec. 7. (a) This chapter does not abrogate, limit, or affect in any manner the authority of a unit under:

(1) IC 8-1-2-101; or

(2) any other law;

to otherwise regulate or control a public right-of-way owned or controlled by the unit.

(b) This chapter does not abrogate, limit, or affect in any manner the authority of the Indiana department of transportation under:

(1) IC 8-23; or

(2) any other law;

to safely and efficiently manage and operate the state highway system and associated highway rights-of-way for the benefit of the traveling public.

As added by P.L.150-2019, SEC.2.

IC 36-9-22.5-8No effect on rights of utility Sec. 8. This chapter does not affect the rights of any water utility or wastewater utility with respect to the service area or territory of the water utility or wastewater utility, as those rights may be established or limited by law.

As added by P.L.150-2019, SEC.2.

IC 36-9-23Chapter 23. Municipal Sewage Works

36-9-23-0.1Application of certain amendments to chapter 36-9-23-1Application of chapter 36-9-23-2Municipal powers 36-9-23-3Supervision and control 36-9-23-4Sanitary board 36-9-23-5Board defined 36-9-23-6Contracts 36-9-23-7Board; operation of works 36-9-23-8Board; restoration of works 36-9-23-9Board; authority relating to employees; payment of expenses 36-9-23-10Construction, acquisition, or leasing of sewage works; adoption of resolution by works board or other body 36-9-23-11Cost estimate 36-9-23-12Petition objecting to construction or acquisition of works; court hearing; notice; bond; further proceedings on project prohibited if petition sustained 36-9-23-12.5User moving to new residence; forwarding final bill 36-9-23-13Preliminary expenses; payment from general fund; repayment from bond proceeds 36-9-23-14Condemnation; authority; security for damages to owner from failure to accept and pay for property; purchase or condemnation of existing works; option or contract; repair estimate 36-9-23-15Acquisition of property subject to lien or other encumbrance 36-9-23-16Sewage treatment plant prerequisite; contracts and revenues; construction of connecting sewers; payment of cost; effect on maturity date of bonds 36-9-23-17Sources of funds 36-9-23-18Bonds; liability of municipality; interest; redemption; form; registration; sale; temporary bonds; additional bonds; exemption from taxation 36-9-23-19Bonds; actions to contest validity; limitations 36-9-23-20Bonds; disposition of proceeds; lien of holders or trustee 36-9-23-21Bonds; sinking fund 36-9-23-22Bonds; security by trust indenture permitted; terms of indenture 36-9-23-23Bonds; enforcement rights of holders; receivership 36-9-23-24Fees; municipality subject to fees of sewage works 36-9-23-25Fees; factors used to establish; persons obligated to pay; disposition of certain fees; different fee schedules permitted; property not occupied by owner 36-9-23-26Fees; hearing; notice; adoption; readjustment 36-9-23-26.1Objections to rates and charges; bonds; hearings 36-9-23-27Fees; collection upon commencement of construction; amount 36-9-23-28Deposit to ensure payment of fees; amount of deposit; refund; forfeiture; use to pay judgment; unclaimed deposits 36-9-23-28.5Unclaimed overpayments of sewer fees becoming property of municipality 36-9-23-29Connections to sewer by abutting property; approval required; fees; liens; disposition of fees 36-9-23-30Municipal power to require connections to sewer and discontinuance of privies, cesspools, septic tanks, and similar structures; conditions; penalties; court order; attorney's fees 36-9-23-30.1Exemption for septic tank soil absorption system or constructed wetland septic system outside municipal boundaries 36-9-23-31Fees; nonpayment; delinquency penalty; civil action to recover 36-9-23-32Liens for nonpayment of fees; priority; attachment; subsequent owners; property not occupied by owner; notice to owner 36-9-23-33Collection of unpaid fees; recording of liens; certification to county auditor; fees, charges, and penalties; collection with property taxes 36-9-23-34Liens; foreclosure; attorney's fees 36-9-23-35Proceedings under other chapters not required; administrative powers and duties not affected by chapter 36-9-23-36Municipal powers; areas outside corporate boundaries 36-9-23-37Memorandum of understanding between municipality and storm water board to provide storm water management services