(A) Whenever work on a stormwater system that is combined with a sanitary sewer system necessitates the repair or replacement of all or part of a sanitary sewer system, the entity that owns or maintains the sanitary sewer system shall assume a proportionate share of the cost of repairing or replacing the sanitary sewer system.
(B) The Board and the entity that owns or manages the sanitary sewer system shall negotiate the division of the costs described in division (A) above.
(C) In the event the parties cannot agree to a division of the costs, they shall petition the circuit or superior courts of the county where the majority of the systems are located to divide the costs. The court shall hold a hearing on the division of costs within 60 days after receiving the petition. The court shall publish notice of the hearing in accordance with IC 5-3-1, as amended from time to time. The decision of the court shall be binding on both parties.
(Ord. 560, passed 9-1-92)