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January 17th, 2007
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Sewer district oversight is goal of new legislation
Bill would reduce sewer district's power
By Debbie Lowe

Three local state legislators, including Carroll County's own Rich McClain, listened to complaints from citizens last year and they have taken steps to address issues common to sewer district customers around the state.

"Since this summer, I have received numerous complaints from property owners who are being forced to switch from a working, sufficient sewer system to a newly developed system," Rep. Don Lehe said in a Jan. 8 press release. "This continues to be a growing problem and this legislation should provide more oversight over sewer districts."

The proposed legislation will protect homeowners by prohibiting a regional sewer district from requiring them to connect to the district's sewer system if they are connected to a system approved by a state government entity, namely the Indiana Department of Environmental Management Agency. The legislation states if the board of trustees of a regional water, sewage or solid waste district consists of one or more appointed members, the board must obtain written approval from the appointing authority before adopting an ordinance to establish rates or charges for use of the district's works.

Rep. Rich McClain clarified the matter as it relates to residents of Carroll County, and specifically Jefferson Township residents and the Twin Lakes Regional Sewer District.

McClain said because the TLRSD board of directors is appointed by the White and Carroll County commissioners, the commissioners would be required to approve sewer rates for their respective county residents before the rates could be levied. If there was no approval, the rates would remained unchanged until approval was granted.

According to Lehe, the legislation he, McCain and Rep. Eric Gutwein approved for filing with the clerk of the Indiana House of Representatives will go next to the House Speaker. That person will make the decision of whether or not it will be sent to a committee.

If it reaches committee, the chair of that committee will decide if it will be heard or if it will die.

"This initial filing just gets us started," Lehe said.

"We are not trying to undermine what is happening with determining the need for sewer districts," McClain said. "Sewer districts are needed for areas around the lakes."

Both legislators said it was expected the legislation would change in verbiage and scope if it reaches committee. One component cited by each representative was the possible addition of rate regulation by the Indiana Utility Regulatory Commission. Another change could be to include private homeowners with working septic systems.

"Some things will be added, deleted and/or changed," Lehe said. "We need some sort of accountability though."

"We wrote this legislation because the ones being forced to participate felt the sewer district was not listening to them," McClain said. "The private homeowners would be protected somewhat if the county commissioners had to give rate and plan approval."

McClain said that although his attention has sometimes been focused on the TLRSD, the legislation is applicable to sewer district issues across the state.

"This is not a bipartisan issue," he said. "This issue affects all Indiana residents, no matter what their politics are."

Lehe said it is expected the legislation will be assigned to a committee within the week.