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IN SB0193
Bill
AI Summary
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Property owners with failing sewage disposal systems may install sewer lines through public rights-of-way controlled by local units to connect to sewer systems operated by other entities, provided they obtain written certification of system failure from a local health department or qualified inspector.
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Property owners served by private water wells may install water service lines through public rights-of-way to connect to waterworks operated by utilities other than the unit controlling the right-of-way, subject to abandoning and plugging their existing well.
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Municipalities may waive the requirement that property owners release their right to remonstrate against annexation when connecting to sewage works under the new provisions.
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Property owners must agree to restore or repair all public and private property damaged during installation to its original condition, and must obtain all required state and local permits.
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Indiana Department of Transportation rights-of-way are exempt from these provisions, and the law does not affect existing utility service area rights or territories established by other law.
Legislative Description
Sewer and water connections. Provides that a unit may not prohibit a property owner from installing a sewer line or other sewage works: (1) in or through a public right-of-way owned or controlled by the unit; and (2) for the purpose of connecting the owner's property to a sewer system owned or operated by another unit or entity; if the owner provides to the unit a written determination from a specified authority that the owner's existing sewage disposal system is failing, and if certain other conditions are met. Provides that in the case of a connection to a sewer system made under these provisions, a municipality (or a board of sanitary commissioners for the department of sanitation in certain municipalities) that owns or operates the sewer system to which the connection is made may waive the requirement that the property owner must release the property owner's right to remonstrate against pending or future annexations of the property owner's property by the municipality. Provides that a unit may not prohibit a property owner from installing a water service line or other water utility service infrastructure: (1) in or through a public right-of-way owned or controlled by the unit; and (2) for the purpose of connecting the owner's property to a waterworks owned or operated by a water utility other than a water utility owned or operated by the unit; if the property owner's property is served by a private water well, and if certain other conditions are met.
Last Action
Public Law 150
5/1/2019