Indiana Code
Chapter 25. Sanitation Department in Certain Cities
36-9-25-12. Basis of Fees; Measurement of Water and Sewage Usage

Sec. 12. (a) The fees for the treatment and disposal of sewage may be based on:
(1) a flat charge for each sewer connection;
(2) the amount of water used on the premises;
(3) the number and size of water outlets on the premises;
(4) the amount, strength, or character of sewage discharged into the sewers;
(5) the size of sewer connections; or
(6) any combination of these factors or other factors that the board determines necessary in order to establish just and equitable rates and charges.
(b) The board may enter into contracts with a water utility furnishing water service to users or property served in the district relative to:
(1) ascertaining the amount of water consumed;
(2) the computation of the amount of charge to be billed to each user or property served;
(3) the billing and collection of the amounts; and
(4) the discontinuance of water service to delinquent users as provided in section 11.5 of this chapter.
(c) As an alternative to subsection (b), the board may require a water utility furnishing water service to users or property served in the district to perform the functions listed in subsection (b). If the water utility and the board do not agree upon the reasonable compensation to be paid to the water utility for the services described in subsection (b), the board or the water utility may apply to the utility regulatory commission to establish the reasonable compensation for the services. Upon receipt of an application, the utility regulatory commission, after notice to the water utility and the board and after a hearing, shall establish the reasonable compensation to be paid for the services. The water utility shall then render the services described in return for the compensation fixed.
(d) If a person owns or occupies real property that is connected to the sewage works and either directly or indirectly uses water obtained from a source other than a water utility that is not measured by a water meter acceptable to the board, then the board may require the person, at the person's own expense, to furnish, install, and maintain a water or sewage measuring device acceptable to the board.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-5 part; 19-2-20-4; 19-2-20-5; subsection (b) formerly 19-2-14-5 part; subsection (c) formerly 19-2-20-8; subsection (d) formerly 19-2-20-10.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.349-1985, SEC.3; P.L.23-1988, SEC.129; P.L.127-2017, SEC.318.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 9. Transportation and Public Works

Chapter 25. Sanitation Department in Certain Cities

36-9-25-1. Application of Chapter

36-9-25-2. Definitions

36-9-25-3. Establishment of Department; Composition of Board of Commissioners; Oaths, Surety Bonds, and Compensation of Commissioners

36-9-25-4. Commissioners; Terms of Office; Vacancies

36-9-25-5. Commissioners; Removal From Office; Appeals

36-9-25-6. Commissioners; Meetings; Officers; Quorum; Approval of Actions; Adoption of Rules

36-9-25-7. Certain Cities; Effect of Adoption of Chapter; Enabling Ordinances

36-9-25-8. Certain Cities; Enabling Ordinances, Specifications of Purpose; Interim Board Members; Prior Approval of Bonds

36-9-25-9. Jurisdiction of Board

36-9-25-10. Powers of Board

36-9-25-11. Fees; Persons Obligated to Pay; Establishment by Resolution; Public Hearing Required; Fee Schedule; Change of Fees; Nonpayment of Fees; Penalties and Liens; Cost Recovery; Property Not Occupied by Owner

36-9-25-11.1. Deposits to Secure Payment of Fees

36-9-25-11.2. Fees; Notice of Delinquency

36-9-25-11.3. Procedure for Setting Fees in Certain Districts

36-9-25-11.5. Discontinuance of Water Service; Disputed Bills; Notice; Liability of Utility

36-9-25-11.7. Overdue User Fees; Ordinance to Expense as Bad Debts

36-9-25-12. Basis of Fees; Measurement of Water and Sewage Usage

36-9-25-13. Authorized Actions; Regulation of Kinds or Amounts of Chemicals and Strengths of Waste and Other Substances Detrimental to Sewage Works

36-9-25-14. Special Taxing Districts; Incorporation of Territory Upon Request; Sewer Service Agreements

36-9-25-15. Incorporation of Territory by Board; Exemption From Requirement to Connect to District's Sewer System and Discontinue Use of Sewage Disposal System on Property; Requirements; District Receiving Approval of Sewer Project by Indiana Finance...

36-9-25-16. Tax Levies; Liability of Disannexed and Newly Added Territory

36-9-25-17. Payment of Preliminary Expenses

36-9-25-18. Findings; Preparation of General Plans in Connection With Project; Declaratory Resolutions; Adoption; Remonstrance; Hearings and Appeals

36-9-25-19. Construction of Sewage Works; Special Tax

36-9-25-20. Construction of Sewage Works; Condemnation; List of Affected Property and Owners

36-9-25-21. Construction of Sewage Works; Award of Damages for Taking of Property; Notification of Owners

36-9-25-22. Construction of Sewage Works; Condemnation Awards; Mentally Incompetent Persons

36-9-25-23. Construction of Sewage Works; Condemnation Awards; Remonstrances; Hearings

36-9-25-24. Construction of Sewage Works; Condemnation Awards; Appeals

36-9-25-25. Construction of Sewage Works; Manner of Payment of Damages for Taking of Property

36-9-25-26. Construction of Sewage Works; Notice of Confirmation of Resolution; Bids; Contracts

36-9-25-27. Construction of Sewage Works; Bond Issues

36-9-25-28. Deposit and Use of Funds

36-9-25-29. Construction of Sewage Works; Payment of Bonds; Tax Levy; Use of Revenues in Lieu of Levy

36-9-25-30. Construction of Sewers, Drains, or Appurtenances; Procedure

36-9-25-31. Payment of General Expenses; Special Tax Levy for Payment of Bonds

36-9-25-32. General Expenses and Operation of Sewage Works; Tax Levy; Procedure; Loans

36-9-25-33. Disposition of Surplus Funds; Funds Belonging to Sanitary Districts

36-9-25-34. Deposit and Use of Fees; Revolving Fund for Payment of Preliminary Expenses

36-9-25-35. Payment of Contracts, Condemnation Awards, etc.; Retention of Portion of Contract Payments

36-9-25-36. Property Acquisitions; Filing and Recording Requirements

36-9-25-37. Authority to Expend Money; Warrants and Vouchers

36-9-25-38. Construction of Sewers Connecting With Sewage Works

36-9-25-39. Certain Departments; Temporary Loans in Anticipation of Funds

36-9-25-40. Certain Districts; Exercise of Powers on Behalf of Second Class City Alone

36-9-25-41. Consolidated Cities; Revenue Bonds for Sewage Works

36-9-25-42. Financial Assistance to Certain Property Owners