Indiana § 8-1-1.9-6 Wastewater utility not under the jurisdiction of the commission;
required proposals; approval; IURC annual report

Indiana Statutes

§ 8-1-1.9-6 — Wastewater utility not under the jurisdiction of the commission; required proposals; approval; IURC annual report

Indiana § 8-1-1.9-6

Art. 1UTILITIES GENERALLY

Ch. 1.9Regulation of New Water and Wastewater Utilities

This text of Indiana § 8-1-1.9-6 (Wastewater utility not under the jurisdiction of the commission; required proposals; approval; IURC annual report) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1-1.9-6 (2026).

Text

(a)This section applies to a wastewater utility that:

(1)is not subject to the jurisdiction of the commission for the approval of rates and charges; and

(2)receives wholesale wastewater service from another wastewater utility.

(b)As used in this section, "wastewater utility" means a:

(1)public utility;

(2)municipally owned utility (as defined in IC 8-1-2-1(h)) that serves fewer than eight thousand (8,000) customers;

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

(4)cooperatively owned corporation;

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

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

(c)Before a wastewater utility may:

(1)disconnect from the wholesale wastewater service provided by another wastewater utility; and

(2)construct a new wastewater

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(a) This section applies to a wastewater utility
that:
(1) is not subject to the jurisdiction of the commission for the
approval of rates and charges; and
(2) receives wholesale wastewater service from another
wastewater utility.
(b) As used in this section, "wastewater utility" means a:
(1) public utility;
(2) municipally owned utility (as defined in IC 8-1-2-1(h)) that
serves fewer than eight thousand (8,000) customers;
(3) not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) cooperatively owned corporation;
(5) conservancy district established under IC 14-33; or
(6) regional sewer district established under IC 13-26.
(c) Before a wastewater utility may:
(1) disconnect from the wholesale wastewater service provided by
another wastewater utility; and
(2) construct a new wastewater treatment plant to serve its
customers;
the wastewater utility must obtain the approval of the commission of
its plan to disconnect from the other wastewater utility's wholesale
wastewater service and construct a new wastewater treatment plant.
(d) A wastewater utility to which subsection (c) applies must submit
to the commission as part of the wastewater utility's case in chief:
(1) the current costs incurred by the wastewater utility for utility
service with the other wastewater utility providing wholesale
wastewater service;
(2) the projected future costs to be incurred by the wastewater
utility for utility service if the other wastewater utility were to
continue providing wholesale wastewater service; and
(3) the projected future costs to be incurred by the wastewater
utility for utility service if the wastewater utility were to
disconnect from the other wastewater utility providing wholesale
wastewater service and construct a new wastewater treatment
plant.
(e) The commission may approve a wastewater utility's proposal
under subsection (c) if the commission finds that:
(1) the disconnection from the wholesale wastewater service and
the construction of a new wastewater treatment plant is
reasonable and in the public interest;
(2) the total rates charged by the wastewater utility for wastewater
service will not increase above the projected cost of continued
service with the wholesale wastewater service provider as a result
of the disconnection from the wholesale wastewater service and
the new wastewater treatment plant construction;
(3) the wastewater utility has developed an asset management
program, as defined in guidelines adopted by the Indiana finance
authority under IC 5-1.2; and
(4) the wastewater utility has the legal, managerial, technical, and
financial expertise to construct and manage a new wastewater
treatment plant.
(f) In the commission's annual report under IC 8-1-1-14, the
commission shall include a description of any activity under this
section.