First Regular Session 113th General Assembly (2003)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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     AN ACT to amend the Indiana Code concerning local government.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 13-26-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Except as provided in subsection (b), the rates or charges for a sewage works may be determined based on the following:
        (1) A flat charge for each 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.
        (6) Whether the property served has been or will be required to pay separately for the cost of any of the facilities of the works.
        (7) A combination of these or other factors that the board determines is necessary to establish nondiscriminatory, just, and equitable rates or charges.
     (b) This subsection applies only to a district in which a campground brought a legal action after January 1, 2000, and before April 1, 2003, against a board concerning sewage service billed at a flat rate. If a campground is billed for sewage service at a flat rate under subsection (a), the campground may instead elect to be billed for the sewage service under this subsection by installing, at the campground's expense, a meter to measure the

actual amount of sewage discharged by the campground into the sewers for one (1) year. The highest meter reading for a calendar week for the campground during the year shall be used to determine the resident equivalent units for the campground. The basic monthly charge for the campground's sewage service must be equal to the number of the campground's resident equivalent units multiplied by the rate charged by the board for a resident unit. The board may impose additional charges on a campground under this subsection if the board incurs additional costs that are caused by any unique factors that apply to providing sewage service for the campground, including, but not limited to:
        (1) the installation of:
            (A) oversized pipe; or
            (B) any other unique equipment;
        necessary to provide sewage service for the campground; and
        (2) excessive biochemical oxygen demand (BOD).

HEA 1659 _ CC 1


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