TLRSD may take on State of Indiana
By Debbie Lowe Staff writer

Sewer districts in Indiana wield significant power to compel unwilling "customers" to connect to the service when it is built in their area. The Twin Lakes Regional Sewer District may be exploring that statute-giving power soon against the power of the State of Indiana.

TLRSD board members voted Thursday night to require the INDOT to begin paying for the service for the highway garage which is located on US421 just south of Lake Freeman "like any other customer."

Those in the service area in Jefferson Township, which includes the garage, will begin paying when construction in Carroll County begins in mid-July. The highway garage currently receives service from the city of Monticello.

"They're no different than anybody else," board treasurer Art Anderson said.

Attorney Donald Tribbett warned board members before the vote that to go forth with the standard procedure could result in additional legal fees for customers. He said there are state statutes, which indicate the state might be compelled to, or exempt from, a mandatory connect. He advised that pursuing the matter could mean significant legal fees if the state is not in agreement with the requirement to connect.

"You may end up in litigation over this," Tribbett said.

The board voted four-to-two to pursue the matter. Carroll County representative Wayne Garrison voted against the action.

Andy Dietrick, Communication Director for INDOT, told the Comet Tuesday afternoon that he was unaware if the state highway garage had heard from the sewer district yet.

"However, INDOT is always willing to work with local governmental agencies," he said. "We strive to reach the best solution for the agency and the taxpayers of Indiana in all instances."

Construction bids for Carroll County were opened Thursday afternoon. The engineering firm of GRW of Indianapolis developed a certified bid tabulation and a special meeting was held May 15 at 6:30 p.m. to interview the two low-bidding construction firms, RhineBach Engineering and Driesenga & Associates, for the work.

When construction begins in mid-July, all Carroll County residents in the service area will be required to begin paying for the service, although there will be no sewer service available for several months. According to Garrison, monthly charges will depend upon the number of EDUs the structure is considered.

To be considered a full EDU, the structure has to have a working toilet, a sink and cooking facilities. A standard household would be considered one EDU in most cases and the cost for one month is $65. When construction begins in mid-July, property owners will be required to pay $32.50/month until construction ends.

A structure with a working bathroom and a sink but no cooking facilities can be excluded from the service. If the structure has sleeping quarters however, the property owner will be charged one-quarter of the monthly fee for service.

A property owner can abandon the structure by removing sewagemaking capabilities. If there are no cooking facilities, such as a stove, the structure can be considered a nightly rental. The property owner would then pay one-fourth of the monthly EDU fee.

A property falling inside the service area can be excluded from service if the house is on a threeacre lot, is considered one dwelling and the septic tank is located at or more than 300 feet from the sewer district main line. The exclusion does not apply to lake-front property. To gain exclusion from service, the Carroll County Health Department Sanitation worker, Chris Jones, must visit the property and certify the septic system was determined to be in good working order at the time of the inspection.

Garrison explained all exclusion requests will be handled in the same manner. A form must be completed and submitted to the sewer district superintendent's office. Sewer district officials will inspect the property and make a recommendation to the projects committee. The projects committee, of which Garrison is the chair, will review the request form and superintendent's recommendation and forward a formal recommendation to the board for official action.

All exclusion policies and procedures are detailed on the sewer district's Web site at www.twinlakesrsd. com.

The next general meeting will be May 24 at 7 p.m.