§ 8-1.5-5-24 — Combined sanitary sewer and storm water system projects

Indiana § 8-1.5-5-24

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 5: Department of Storm Water Management

Text

(a) Whenever work on a storm water system
(that is combined with a sanitary sewer system) necessitates the repair
or replacement of all or part of a sanitary sewer system, the entity that
owns or maintains the sanitary sewer system shall assume a
proportionate share of the cost of repairing or replacing the sanitary
sewer system.
(b) The board and the entity that owns or manages the sanitary
sewer system shall negotiate the division of the costs described in
subsection (a).
(c) If the parties cannot agree to a division of the costs, they shall
petition the circuit court, superior court, or probate court of the county
where the majority of the systems are located to divide the costs. The
circuit court, superior court, or probate court shall hold a hearing on the
division of costs within sixty (60) days after receiving the petition. The
court shall publish notice of the hearing in accordance with IC 5-3-1.
The decision of the court is binding on both parties.

Legislative History

As added by P.L.125-1987, SEC.1. Amended by P.L.84-2016, SEC.35.