Sec. 3. (a) A municipality may lease sewage disposal facilities from a sewage disposal company that:
(1) holds a certificate of territorial authority under IC 8-1-2-89; and
(2) is a corporation organized under Indiana law for the purpose of acquiring, constructing, and leasing sewage disposal facilities to a municipality.
(b) In addition to the authority described in subsection (a), a municipality may lease from any person facilities to provide for treatment or disposal of sludge generated by the municipality's sewage works. The lessor under this subsection may be an individual, partnership, corporation, or other entity organized to lease sewage works to a municipality. Notwithstanding any other law, a lessor may acquire, construct, and lease facilities described in this subsection to a municipality without the approval of the utility regulatory commission.
(c) The municipality may operate the leased facilities in conjunction with the operation of the municipally owned sewage works.
[Pre-Local Government Recodification Citations: 19-2-5.5-1 part; 19-2-5.5-2 part.]
As added by Acts 1981, P.L.309, SEC.97. Amended by P.L.5-1988, SEC.222; P.L.186-1988, SEC.2.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 24. Leasing of Sewage Disposal Facilities
36-9-24-1. Application of Chapter
36-9-24-2. "Sewage Disposal Facilities" Defined
36-9-24-4. Maximum Duration; Options to Renew
36-9-24-7. Proposed Leases; Notice and Hearing
36-9-24-9. Limitations on Actions to Contest Leases
36-9-24-10. Determination of Sufficiency by Department of Environmental Management
36-9-24-11. Fees; Establishment; Procedure
36-9-24-12. Tax Liability and Exemptions