§ 36-9-22.5-5 — Installation of sewer line through a unit's right-of-way to connect to another unit's sewer system

Indiana § 36-9-22.5-5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 22.5: Use of Right-of-Way for Sewer and Water

Text

(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.

Legislative History

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