(A) Application form. Applicants who wish to apply for a water service territory permit shall do so by using the form prescribed, attached to Ord. 2007-11, which is adopted by reference as if set out at length herein.
(B) Public hearing required before permit may be issued. No permit shall be issued until notice and a public hearing, as prescribed in division (C) below, shall have first been given and conducted.
(C) Service of application. An applicant for a water service territory permit shall provide a copy of the application for water service territory permit and its supporting documents to each water service provider already providing water service within four miles of the corporate limits of the town. Such provider shall be deemed an interested party and may file a notice that it wishes to be a party to the hearing on the applicant’s application. Such notice shall be filed within ten days of receipt of the applicant’s application and a copy of such notice shall be served upon the applicant. Proof of service of the application upon each service provider already providing water service within four miles of the corporate limits of the town shall be provided to the town by the applicant at least five days before the scheduled public hearing. The applicant shall also cause to be published a notice of a public hearing on its application which public hearing shall occur before the Town Council at a date and time established by the Town Administrative Manager or any hearing officer appointed by the town. Such publication shall occur in the Newburgh Register at least ten days prior to the date of the hearing. The cost of any required publication shall be born by the applicant.
(D) Presentation of evidence. The applicant, and any other person with an interest in the applicant’s application, may present evidence at the public hearing for or against such application. Rules of evidence shall not apply at such hearing unless otherwise ordered by the Town Council, but rules of procedure may be announced by the Town Council at the opening of the hearing to control and regulate such hearing. The Town Council may appoint a hearing officer as it deems necessary for the practical and efficient conduct of the hearing. The hearing may be continued as deemed necessary by the Town Council. The applicant bears the burden of proof at the hearing. The cost of any hearing officer appointed by the town shall be born by the applicant.
(E) Criteria considered on permit application. The Town Council shall consider at least the following criteria in deciding to grant, deny or grant as modified such application, and Council may grant a water service territory permit that is smaller in area than that requested by the applicant:
(1) The applicant’s policy on water bill adjustments;
(2) The applicant’s water rate structure and its last rate order from the Indiana Utility Regulatory Commission;
(3) The applicant’s policy on meter reading frequency;
(4) The applicant’s policy regarding water supply and customer charge for fire protection;
(5) The applicant’s billing frequency to its water customers;
(6) The record of complaints against the applicant at the Indiana Utility Regulatory Commission;
(7) The applicant’s current tariff as approved by the Indiana Utility Regulatory Commission;
(8) The applicant’s policy regarding resolution of customer grievances and requests for adjustments of water bills;
(9) The applicant’s policy regarding disconnection of customers for non-payment of a water bill;
(10) The applicant’s policy and practice regarding cooperation with sewer utilities in disconnection of water service for non-payment of sewer charges;
(11) Evidence regarding the applicant’s maintenance of system maps and records;
(12) Evidence regarding reports to or complaints at the Indiana Department of Environmental Management as such relate to the applicant’s operation of the water utility;
(13) Evidence reflecting that the applicant is subject to the jurisdiction of the Indiana Utility Regulatory Commission;
(14) Evidence of the applicant’s financial ability to serve the area requested;
(15) Evidence that all necessary permits from any state agency have either been acquired to construct any facilities necessary to serve the area sought to be served or have been applied for;
(16) Plans and specifications for any water treatment facility proposed to be built, or provide service within, the four mile limit;
(17) Plans and specifications for any distribution system or distribution system additions,
planned to be built, or provide service within, the four mile area;
(18) A statement of the estimated cost of construction of any plant or distribution system proposed to be built, or provide service within, the four mile area, with such costs being broken out for plant versus distribution systems;
(19) A statement of the estimated cost of operation of such system proposed to be built or to provide service together with a statement of the projected revenue estimated to be generated from such addition;
(20) The proximity of any other water utility ready, willing and able to serve the territory proposed by the applicant;
(21) Whether the applicant is a member of the American Water Works Association;
(22) Details regarding the applicant’s managerial capability to manage the system proposed to be built;
(23) The applicant’s record regarding cooperation with other utilities in its current service territory;
(24) Evidence that the pipe sizing of any transmission or distribution system proposed to be built, or serve, will satisfy reasonably projected future growth within the four mile area;
(25) Evidence that the pipe sizing proposed to be installed will be adequate for required fire protection for that area; and
(26) Evidence regarding the applicant’s current or planned involvement in and support for community and not-for-profit organizations that provide service in the four mile area.
(F) Form of the evidence in support of application. Evidence in support of the application shall, where feasible, be presented in the form of pre-filed testimony under oath and in the form of documents. In the case of documents, such shall be accompanied by any necessary explanatory testimony or material necessary to render the document easily understood. All such pre-filed testimony and any documents shall be tendered at least 30 days before the public hearing in at least nine copies for the town with one copy being available for any person, firm or corporation who may wish to oppose such application. In the event an interested party has filed a notice that it wishes to be a party to the hearing on the applicant’s application, the applicant shall serve such party with all material tendered to the town. Failure of an applicant to present adequate evidence in support of its application may result in its summary denial.
(G) Form of the evidence in opposition to the application. Evidence in opposition to the application shall, where feasible, be presented in the form of pre-filed testimony under oath and in the form of documents. In the case of documents, such shall be accompanied by any necessary explanatory testimony or material necessary to render the document easily understood. All such pre-filed testimony and any documents shall be tendered not later than 21 days after the filing of evidence under division (F) above by the applicant. Such material shall be filed in at least eight copies and a copy shall be served upon the applicant and any interested party who may have filed a notice that it wished to be a party to the hearing on the applicant’s application.
(H) Hearings recorded. All hearings for a water service territory permit shall be of record and the applicant shall be required to pay the cost of the reporter for such record. To that end, a $1,000 deposit shall be made with the Clerk-Treasurer of the town at the time of the application to secure such payment. Such deposit, or that part unused to pay the reporter, shall be returned to the applicant after the Town Council approves, approves as modified, or denies the application.
(I) Right to withdraw application. The applicant may withdraw its application at any time before the public hearing. If the town grants approval of an application but modifies its area of applicability, the applicant may withdraw the application and the applicant may not then serve the area approved by the town.
(J) Modification of time limits. All time limits set out in this section may be modified by the Town Administrative Manager, or any hearing officer assigned by the town, to accommodate the needs of an
applicant or an interested party who filed a notice that it wished to be a party to the hearing on the applicant’s application.
(K) Future review of permit. Any applicant who is awarded a water service territory permit is subject to subsequent review by the Town Council in the event the town has reason to believe that the permittee has failed to continue to be able to properly provide service in the territory allocated to it. Failure to continue to meet the criteria set out for the initial award of a permit, or other actions or failures that represent an inability to carry out its duty to the public and its customers may be the basis for action by the town to suspend, limit, modify or revoke the permit issued to the applicant.
(Ord. 2007-11, passed 9-12-2007)