Indiana Adds New Regional Sewage District Requirements
March 22, 2018
A city or town sewer service area is often surrounded by a service territory that is governed by a Regional Sewer District (“RSD”). For planning purposes, many municipal officials asked the Indiana state legislature to provide better notice provisions so that cities and towns know when an RSD plans to expand its service territory. With the passage and adoption of Indiana Senate Enrolled Act 269, signed by the governor on March 21, 2018, RSDs will need to provide more notice when expanding their territory.
To add territory to a district already established, an RSD board must file its motion with the Indiana Department of Transportation (“INDOT”). Moreover, within 10 days of filing the motion with INDOT, the board must also file its motion with (1) the executive of each governmental entity having territory within the territory proposed to be added to the regional sewage district; and (2) the executive of a city or town having a municipal sewer or public sanitation department if the new regional sewer district territory includes territory within the extraterritorial jurisdiction of the municipal sewage works or public sanitation department. SEA 269’s authors hope to encourage more engagement by municipalities and better planning of their own sewer service territories.
SEA 269 also includes language that would require INDOT to consult with local governments before doing work on a state highway or bridge that would cause a detour. The increased collaboration should allow local units to offer input on traffic, maintenance, safety, and other concerns.
Joshua A. Claybourn is Counsel in the Public Finance and Utilities industry groups, focusing primarily on municipal finance, utility regulation, and commercial transactions. He practices out of the Firm’s office in Evansville, Indiana.