Marshall County Attorney Jim Clevenger updated the Marshall County Commissioners last week that there may be a petition against the newly approved Marshall County Regional Sewer District.
Clevenger said there are some landowners that reside in a subdivision near Plymouth and may file a petition with the Indiana Department of Environmental Management (IDEM). The appeal would be held with IDEM and not on the county level.
The subdivision listed is not high on the priority list, but updates will be given concerning the progress of the petition.
IDEM approved Marshall County’s petition to create a Regional Sewer District in late 2022.
Clevenger previously explained that 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.
A seven-member Regional Sewer District board will be formed with appointments made by government leaders by statute.
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.
