§ 36-9-23-16 — Sewage treatment plant prerequisite; contracts and revenues; construction of connecting sewers; payment of cost; effect on maturity date of bonds

(a) A municipality that does not have a
sewage treatment plant, and wants to acquire, construct, improve,
operate, and maintain sewage works other than a sewage treatment
plant, may proceed under this chapter only if it first contracts for the
required treatment of the sewage emanating from its works.
(b) A municipality owning and operating facilities for sewage
treatment may contract to treat all or part of the sewage of:
(1) any other municipality;
(2) any facility of the department of correction; or
(3) if a contract described in subdivision (2) is in effect, any
person or entity, a municipal corporation, a private corporation,
or a federal government facility that is located within five (5)
miles of the sewer line connecting the municipality to the facility
of the department of correction under the contract.
The contracts must be authorized by ordinance and are subject to
approval by the department of environmental management according
to rules adopted by the environmental rules board as to the sufficiency
of the provision for sewage treatment.
(c) Unless otherwise provided in the authorizing ordinance or
governing indenture, the revenues received by the owner under the
contract are considered a part of the revenues of the owner's sewage
treatment facilities, and shall be applied in accordance with the
applicable statutes.
(d) The necessary intercepting and connecting sewers and
appurtenances to connect the sewage treatment facilities and sewage
works of the contracting parties may be constructed in part or in whole
by either of the contracting parties, as provided in the contract. For a
municipality, the money to pay for this construction may be provided
by the issuance of bonds under the applicable statutes, as part of the
cost of the facilities or works of the respective parties.
(e) All bonds issued under this section are payable before the
expiration date of the contract. The parties may contract for the terms
of the bonds, and for any term or terms beyond the last maturity of the
bonds.
[Pre-Local Government Recodification Citation:
19-2-5-10.]
As added by Acts 1981, P.L.309, SEC.96. Amended by
P.L.143-1985, SEC.199; P.L.318-1989, SEC.1; P.L.113-2014,
SEC.124.