The Indiana Department of Environmental Management (IDEM) has approved Marshall County’s petition to create a Regional Sewer District.
Marshall County Attorney Jim Clevenger explained to the Marshall County Commissioners Monday morning that the Regional Sewer District is established subject to a petition for judicial review that is filed within 30 days with IDEM, the Attorney General, and in this case with the county.
According to state administrative procedure rules, a person wanting to challenge the establishment of the district must have standing, which generally requires someone within the district boundaries and a person who has been prejudiced by the decision or did not receive notice. The petitioner will need to show immediate and irreparable harm and that the petitioner has no other remedies by law.
When the 30 day petition notice is over, a seven-member Regional Sewer District board will be formed with appointments made by government leaders by statute.
Engineer Ken Jones from Jones Petrie and Rafinski previously explained that a Regional Sewer District is a form of government that functions solely to handle drinking water, solid waste or wastewater infrastructure needs. In Marshall County, the plan only includes wastewater.
In studies of 13 unincorporated areas of the county of main concern, Jones indicated that there was poor soil compatibility with on-site septic systems, there are over 1,000 on-site systems that are undocumented, there are shallow water wells within isolation zones of nearby septic systems, and there are no viable solutions for repair or replacement of individual systems that fail. The formation of a Regional Sewer District would help alleviate those problems.
Thirteen Priority Service Areas have been identified to be included in a Regional Sewer District which include, in order of priority, Latonka, Lawrence Lake and Mill Pond areas, followed by Bremen East; North Michigan area; Rushmoor Addition; Donaldson and Ancilla Domini Convent; McQueen’s Broadview; Golfview Estates; Deer Trail, Tall Oaks and Carriage Hills; South Michigan Street; Inwood; Burr Oak; Hawk Lake; and State Road 331 South Tippecanoe. Areas could be added, but the homeowner or entity would have to petition an appointed seven-member district board that will make all decisions concerning the Regional Sewer District.
