Sec. 24. (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.
As added by P.L.125-1987, SEC.1. Amended by P.L.84-2016, SEC.35.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities
Chapter 5. Department of Storm Water Management
8-1.5-5-1. Application of Chapter
8-1.5-5-3. "Department" Defined
8-1.5-5-3.5. "District" Defined
8-1.5-5-4. Board of Storm Water Management; Directors
8-1.5-5-4.5. County Department of Storm Water Management; Board of Directors; Compensation
8-1.5-5-5. Special Taxing District
8-1.5-5-7. Financing of Facilities; User Fees
8-1.5-5-8. Fixing and Setting Aside Revenues
8-1.5-5-9. Maintenance Account; Surplus
8-1.5-5-10. Bond and Interest Redemption Account; Surplus
8-1.5-5-11. Depreciation Account; Use of Revenues
8-1.5-5-12. Assumption and Payment of Liability Upon Acquisition of Storm Water System
8-1.5-5-13. District Bonds; Nature
8-1.5-5-15. Use of Bond Proceeds; Actions to Compel Performance; Actions Upon Default
8-1.5-5-16. Charge for Services in a Municipality; Deposit of Funds
8-1.5-5-16.5. Charge for Services in a County; Deposit of Funds
8-1.5-5-20. Property Held in Name of Unit Served by the Department
8-1.5-5-21. Bonds for Proposed Work Projects
8-1.5-5-22. Special Benefit Tax
8-1.5-5-23. Approval of Bond Issuance by Unit Served by the Department; Applicability of Ic 6-1.1-20
8-1.5-5-24. Combined Sanitary Sewer and Storm Water System Projects
8-1.5-5-25. Use of Bond Payment Revenues; Pledge of User Fees; Reductions in Fees
8-1.5-5-26. User Fee Pledges; Effect of Amendments or Repeal of Chapter
8-1.5-5-27. Maintenance of Private Property by the Department
8-1.5-5-28. Screening of Storm Water Outfalls
8-1.5-5-29. Liens for Unpaid Fees
8-1.5-5-30. Collection of Unpaid Fees; Recording of Liens; Fees, Charges, and Penalties