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IC 13-26-11-2
Sewage works; campgrounds; youth camps
Sec. 2. (a) Except as provided in subsection (b), the rates or
charges for a sewage works may be determined based on a
combination of the following factors:
(1) A flat charge for each connection. If a board uses a flat
charge as a factor to determine a rate or charge for a sewage
works, the board must:
(A) prepare a concise written statement that summarizes the
calculations and processes used to determine the amount of
the flat charge; and
(B) provide a copy of the written statement to each person
who:
(i) is required to pay the rate or charge; and
(ii) requests a paper copy of the summary.
(2) The amount of water used on the premises.
(3) The number and size of water outlets on the premises.
(4) The amount, strength, or character of sewage discharged
into the sewers.
(5) The size of sewer connections.
(6) Whether the property served has been or will be required to
pay separately for the cost of any of the facilities of the works.
(7) A combination of these or other factors that the board
determines is necessary to establish nondiscriminatory, just, and
equitable rates or charges.
(b) A campground or youth camp may be billed for sewage
service at a flat rate or by installing, at the campground's or youth
camp's expense, a meter to measure the actual amount of sewage
discharged by the campground or youth camp into the sewers. If a
campground or youth camp elects to be billed by use of a meter:
(1) the rate charged by a board for the metered sewage service
may not exceed the rate charged to residential customers for
equivalent usage; and
IC 13-26-11-2.1
Campground rates; appeal to utility regulatory commission
Sec. 2.1. (a) As used in this section, "commission" refers to the
Indiana utility regulatory commission created by IC 8-1-1-2.
(b) This section applies to an owner or operator of a campground
described in section 2(b) or 2(c) of this chapter who disputes:
(1) that the campground is being billed at rates charged to
residential customers for equivalent usage as required by
section 2(b)(1) of this chapter;
(2) the number of resident equivalent units determined for the
campground under section 2(c) of this chapter; or
(3) that any additional charges imposed on the campground
under section 2(d) of this chapter are reasonable or
nondiscriminatory.
(c) If an owner or operator:
(1) makes a good faith attempt to resolve a disputed matter
described in subsection (b)(1) through (b)(3) through:
(A) any grievance or complaint procedure prescribed by the
board; or
(B) other negotiations with the board; and
(2) is dissatisfied with the board's proposed disposition of the
matter;
the owner or operator may file with the commission a written request
for review of the disputed matter and the board's proposed
disposition of the matter to be conducted by the commission's
appeals division established under IC 8-1-2-34.5(b). The owner or
operator must file a request under this section with the commission
and the board not later than seven (7) days after receiving notice of
the board's proposed disposition of the matter.
(d) The commission's appeals division shall provide an informal
review of the disputed matter. The review must include a prompt and
thorough investigation of the dispute. Upon request by either party,
or on the division's own motion, the division shall require the parties
to attend a conference on the matter at a date, time, and place
determined by the division.
(e) In any case in which the basic monthly charge for a
campground's sewage service is in dispute, the owner or operator
shall pay, on any disputed bill issued while a review under this
section is pending, the basic monthly charge billed during the year
immediately preceding the year in which the first disputed bill is
issued. If the basic monthly charge paid while the review is pending
exceeds any monthly charge determined by the commission in a
decision issued under subsection (f), the board shall refund or credit
the excess amount paid to the owner or operator. If the basic monthly
charge paid while the review is pending is less than any monthly
charge determined by the appeals division or commission in a
decision issued under subsection (f), the owner or operator shall pay
the board the difference owed.
(f) After conducting the review required under subsection (d), the
appeals division shall issue a written decision resolving the disputed
matter. The division shall send a copy of the decision to:
(1) the owner or operator of the campground; and
(2) the board;
by United States mail. Not later than seven (7) days after receiving
the written decision of the appeals division, either party may make
a written request for the dispute to be formally docketed as a
proceeding before the commission. Subject to the right of either party
to an appeal under IC 8-1-3, the decision of the commission is final.
(g) The commission shall maintain a record of all requests for a
review made under this section. The record must include:
(1) a copy of the appeals division's and commission's decision
under subsection (f) for each dispute filed; and
(2) any other documents filed with the appeals division or
commission under this section.
The record must be made available for public inspection and copying
in the office of the commission during regular business hours under
IC 5-14-3.
(h) The right of a campground owner or operator to request a
review under this section is in addition to the right of the
campground owner or operator to file a petition under section 15 of
this chapter as a freeholder of the district.
(i) The commission may adopt rules under IC 4-22-2 to implement
this section.
As added by P.L.189-2005, SEC.6.
IC 13-26-11-3
Solid waste disposal
Sec. 3. The rates or charges for solid waste disposal and recovery
systems may be determined based on the following:
(1) A flat charge for each residence or building in use in the
district.
(2) On the weight of the refuse received.
(3) On the hazardous character of the waste received.
(4) On a combination of the weight and hazardous character of
the waste received.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-4
Services of water, sewer, or solid waste disposal
Sec. 4. The rates and charges for services of a water, sewer, or
solid waste disposal or recovery system do not have to be uniform
throughout the district or for all users. The board may exercise
reasonable discretion in:
(1) adopting different schedules of rates and charges; or
(2) making classifications in schedules of rates and charges:
(A) based upon variations in the costs of furnishing the
services, including capital expenditures required, to various
classes of users or to various locations in the district; or
(B) where there are variations in the number of users in
various locations in the district.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-5
Billing and collection
Sec. 5. A district may bill and collect rates and charges for the
services to be provided after the contract for construction of a
sewage works has been let and actual work commenced in an amount
sufficient to meet the interest on the revenue bonds and other
expenses payable before the completion of the works.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-6
Sewage works beneficial to lots, land, or buildings
Sec. 6. Unless the board finds and directs otherwise, the sewage
works are considered to benefit every:
(1) lot;
(2) parcel of land; or
(3) building;
IC 13-26-11-7
Connection charges; liens
Sec. 7. (a) If a district constructs sewers or water mains as a part
of the construction of the works that are suitable for use as a local or
lateral sewer or main by abutting or adjoining property, the district
may charge for the connection on the basis of the pro rata cost of
construction of a local or lateral sewer or water main sufficient to
serve the property.
(b) Each property owner must agree to pay for the connection in
making an application for service. If payment is not made as agreed,
the payment constitutes a lien on the property for which the
connection is made.
(c) The proceeds of the connection charges may be handled as:
(1) net revenues of the works; or
(2) payments toward the cost of construction or future
improvements.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-8
Rates and charges
Sec. 8. (a) The board shall, by ordinance, establish just and
equitable rates or charges for the use of and the service provided by
a works. The rates or charges are payable by the owner of each lot,
parcel of land, or building that:
(1) is connected with and uses a works; or
(2) in any way uses or is served by a works.
(b) Subject to section 15 of this chapter, the board may
periodically change and readjust the rates or charges as provided in
this article.
As added by P.L.1-1996, SEC.16. Amended by P.L.221-2007,
SEC.19.
IC 13-26-11-9
Equitable rates; determination
Sec. 9. (a) Just and equitable rates and charges are those that
produce sufficient revenue to:
(1) pay all expenses incident to the operation of the works,
including maintenance cost, operating charges, upkeep, repairs,
and interest charges on bonds or other obligations;
(2) provide the sinking fund for the liquidation of bonds or
other evidence of indebtedness and reserves against default in
the payment of interest and principal of bonds; and
(3) provide adequate money to be used as working capital, as
well as money for making improvements, additions, extensions,
and replacements.
(b) Rates and charges too low to meet the financial requirements
described in subsection (a) are unlawful. The initial rates and charges
established after notice and hearing under this article are prima facie
just and equitable.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-10
Revenue of works
Sec. 10. Revenue collected under sections 8 through 14 of this
chapter is revenue of the works.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-11
Public hearing
Sec. 11. The initial rates or charges may be established only after
a public hearing at which all:
(1) the users of the works and owners of property served or to
be served; and
(2) others interested;
have an opportunity to be heard concerning the proposed rates or
charges.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-12
Notice
Sec. 12. After introduction of the ordinance initially fixing rates
or charges but before the ordinance is finally adopted, notice of the
hearing setting forth the proposed schedule of the rates or charges
must be given by publication one (1) time each week for two (2)
weeks in a newspaper of general circulation in each of the counties
with territory in the district. The last publication must be at least
seven (7) days before the date fixed in the notice for the hearing. The
hearing may be adjourned as necessary.
As added by P.L.1-1996, SEC.16.
IC 13-26-11-13
Ordinance establishing rates and charges; schedule; notice;
objections; hearing; appeal
Sec. 13. (a) The ordinance establishing the initial rates or charges,
either as:
(1) originally introduced; or
(2) modified and amended;
shall be passed and put into effect after the hearing.
(b) A copy of the schedule of the rates and charges established
must be:
(1) kept on file in the office of the district; and
(2) open to public inspection.
(c) Whenever the board acts under section 8(b) of this chapter, to
change or readjust the rates and charges, the board shall mail, either
separately or along with a periodic billing statement, a notice of the
new rates and charges to each user affected by the change or
readjustment. In the case of a sewage district, if the change or
readjustment increases the rates and charges by the amount specified
in section 15(c) of this chapter, the notice required by this
subsection:
(1) must include a statement of a ratepayer's rights under
section 15 of this chapter; and
(2) shall be mailed within the time specified in section 15(c) of
this chapter.
(d) Following the passage of an ordinance under subsection (a),
the lesser of fifty (50) or ten percent (10%) of the ratepayers of the
district may file a written petition objecting to the initial rates and
charges of the district. A petition filed under this subsection must:
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the
county where at least one (1) petitioner resides, not later than
thirty (30) days after the district adopts the ordinance; and
(3) set forth the grounds for the ratepayers' objection.
(e) The district authority shall set the matter for public hearing not
less than ten (10) business days but not later than twenty (20)
business days after the petition has been filed. The district authority
shall send notice of the hearing by certified mail to the district and
the first listed petitioner and publish the notice of the hearing in a
newspaper of general circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall
hear the evidence produced and determine the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance establishing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the sewer rates and charges established by the
board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
(g) After the district authority hears the evidence produced and
makes the determinations set forth in subsection (f), the district
authority, by a majority vote, shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or
(3) make any other ruling appropriate in the matter, subject to
the standards set forth in section 9 of this chapter.
(h) The order of the district authority may be appealed by the
district or a petitioner to the circuit court of the county in which the
district is located. The court shall try the appeal without a jury and
shall determine one (1) or both of the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance establishing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the sewer rates and charges established by the
board by ordinance are just and equitable rates and charges,
according to the standards set forth in section 9 of this chapter.
IC 13-26-11-14
Extension of rates and charges to cover additional premises;
changes or readjustments
Sec. 14. (a) The rates or charges established for a class of users of
property served shall be extended to cover any additional premises
served after the rates or charges are established that are in the same
class, without the necessity of hearing or notice.
(b) Subject to section 15 of this chapter, a change or readjustment
of the rates or charges may be made in the same manner as the rates
or charges were originally established.
As added by P.L.1-1996, SEC.16. Amended by P.L.221-2007,
SEC.20.
IC 13-26-11-15
Regional sewage district authority; membership; notice of rate
increase; objecting petition; public hearing; order and appeal
Sec. 15. (a) A district authority is established in each regional
sewage district established under this article. A district authority:
(1) must consist of an odd number of members;
(2) must consist of at least three (3) members; and
(3) may not include as a member any person who serves on the
board of trustees of the district.
(b) The district authority of a regional sewage district consists of
the following members:
(1) In the case of a regional sewage district located in one (1)
county, the following members:
(A) If no members of the county executive are trustees of the
regional sewage district, the county executive of the county.
(B) If:
(i) one (1) or more members of the county executive are
trustees of the regional sewage district; and
(ii) no members of the county fiscal body are trustees of
the regional sewage district;
the members of the county fiscal body.
(C) If the regional sewage district's board of trustees consists
of one (1) or more members of the county executive and one
(1) or more members of the county fiscal body, three (3)
members appointed as follows:
(i) Two (2) members appointed by the county executive.
If not all of the members of the county executive are
trustees of the district, the county executive may appoint
either or both of the two (2) members required by this item
from among the county executive's own membership,
subject to subsection (a)(3).
(ii) One (1) member appointed by the county fiscal body.
If not all of the members of the county fiscal body are
trustees of the district, the county fiscal body may appoint
the member required by this item from among the county
fiscal body's own membership, subject to subsection
(a)(3).
(2) In the case of a regional sewage district located in more than
one (1) county, the following members:
(A) If:
(i) an odd number of counties are part of the regional
sewage district; and
(ii) each county in the district has at least one (1) county
executive member who is not a trustee of the regional
sewage district;
one (1) county executive member, appointed by that
member's county executive, from each county in which the
district is located, subject to subsection (a)(3).
(B) If an even number of counties are part of the regional
sewage district, the following members:
(i) Two (2) county executive members, appointed by those
members' county executive, from the county that has the
largest number of customers served by the district's sewer
system. However, if the county that has the largest number
of customers served by the district's sewer system does not
have at least two (2) members of its executive who are not
also trustees of the district, the county executive of that
county may appoint one (1) or more of the members
required by this item from outside the county executive's
own membership in order to comply with subsection
(a)(3).
(ii) One (1) county executive member, appointed by that
member's county executive, from each county, other than
the county described in item (i), in which the district is
located. However, if a county described in this item does
not have at least one (1) member of its executive who is
not also a trustee of the district, the county executive of
that county may appoint the member required by this item
from outside the county executive's own membership in
order to comply with subsection (a)(3).
(C) If an odd number of counties are part of the regional
sewage district and an odd number of those counties in the
district do not have at least one (1) county executive member
who is not also a trustee of the district, the following
members:
(i) One (1) county executive member, appointed by that
member's county executive, from each county that has at
least one (1) county executive member who is not also a
trustee of the district, subject to subsection (a)(3).
(ii) One (1) member appointed by the county executive of
each county that does not have at least one (1) county
executive member who is not also a trustee of the district.
A member appointed under this item must be appointed
from outside the appointing county executive's own
membership, subject to subsection (a)(3).
(c) If a district adopts an ordinance increasing sewer rates and
charges at a rate that is greater than five percent (5%) per year, as
calculated from the rates and charges in effect from the date of the
district's last rate increase, the district shall mail, either separately or
along with a periodic billing statement, a notice of the new rates and
charges to each user of the sewer system who is affected by the
increase. The notice:
(1) shall be mailed not later than seven (7) days after the district
adopts the ordinance increasing the rates and charges; and
(2) must include a statement of a ratepayer's rights under this
section.
(d) If subsection (c) applies, fifty (50) ratepayers of the district or
ten percent (10%) of the district's ratepayers, whichever is fewer,
may file a written petition objecting to the rates and charges of the
district. A petition filed under this subsection must:
(1) contain the name and address of each petitioner;
(2) be filed with a member of the district authority, in the
county where at least one (1) petitioner resides, not later than
thirty (30) days after the district adopts the ordinance
establishing the rates and charges; and
(3) set forth the grounds for the ratepayers' objection.
If a petition meeting the requirements of this subsection is filed, the
district authority shall investigate and conduct a public hearing on
the petition. If more than one (1) petition concerning a particular
increase in rates and charges is filed, the district authority shall
consider the objections set forth in all the petitions at the same public
hearing.
(e) The district authority shall set the matter for public hearing not
less than ten (10) business days but not later than twenty (20)
business days after the petition has been filed. The district authority
shall send notice of the hearing by certified mail to the district and
the first listed petitioner and publish the notice of the hearing in a
newspaper of general circulation in each county in the district.
(f) Upon the date fixed in the notice, the district authority shall
hear the evidence produced and determine the following:
(1) Whether the board of trustees of the district, in adopting the
ordinance increasing sewer rates and charges, followed the
procedure required by this chapter.
(2) Whether the increased sewer rates and charges established
by the board by ordinance are just and equitable rates and
charges, according to the standards set forth in section 9 of this
chapter.
(g) After the district authority hears the evidence produced and
makes the determinations set forth in subsection (f), the district
authority, by a majority vote, shall:
(1) sustain the ordinance establishing the rates and charges;
(2) sustain the petition; or