(A) The town’s ordinances, service agreements and other legally binding documents that in any manner apply to the provision of public water by the town shall be binding and enforceable on all waterworks owned or operated within four miles outside the town’s corporate boundaries.
(B) The town’s ordinances, service agreements and other legally binding documents that in any manner apply to the provision of sewer service by the town shall be binding and enforceable on all sewer works owned or operated within ten miles outside the town’s corporate boundaries.
(C) The town hereby exercises its legal authority to regulate the furnishing of the service of collecting, processing and disposing of waste substances and domestic or sanitary sewage in areas within four miles outside its corporate boundaries. Such authority includes the power to fix the prices to be charged for that service. The town shall exercise the authority at its discretion.
(D) All sewage works within ten miles outside the corporate boundaries of the town shall be properly designed and constructed.
(E) All new and rehabilitated sewers and sewer disposal systems within ten miles outside the corporate boundaries of the town, including both collector sewers and service laterals, shall be subject to testing and inspection by the town.
(F) The town shall regulate flows from any sewer works satellite collection systems within ten miles outside the corporate boundaries of the town.
(G) All sewers and sewer disposal systems within ten miles outside the corporate boundaries of the town shall prohibit the connection or introduction of storm water sources to the collection system.
(H) (1) Purpose. The purpose of this division (H) is to enlarge and amend the town’s extraterritorial boundaries and exercise the town’s extraterritorial powers over watercourses and well fields and to regulate the furnishing of water to the public within the town water territory as described on Exhibit A, attached hereto and made a part hereof as if set out in full herein.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GROUND WATER. All water occurring beneath the surface of the ground regardless of location and form.
PERSON. An individual, a firm, a limited liability company, a corporation, an association, a public utility, a private utility or a governmental agency. However, for purposes of this division (H), a governmental agency shall not include the State of Indiana or the federal government.
PLAINFIELD WATER TERRITORY. The area depicted on Exhibit A attached hereto and made a part hereof as if set out in full herein.
TOWN. The Town of Plainfield, Hendricks County, Indiana.
TOWN WATER SYSTEM. All pipes, lines, joints, tanks, hydrants, wells, water treatment plant and all related parts used to supply public water to users.
USER. Any person or entity connected to the town water system.
WATERCOURSE. Includes lakes, rivers, streams, ground water and any other body of water.
WELL FIELDS. Areas owned or controlled by the town that have established water wells or planned water wells on them for use by the town water utility.
(3) Extraterritorial power. The town hereby exercises its power and authority to control and regulate all watercourses, well fields and furnishing of water to the public in the area described and depicted on Exhibit A attached hereto and made a part hereof (the “town water territory”).
(4) Regulation.
(a) No person shall interfere with the town’s access to and use of water from its existing or later developed well fields.
(b) No person shall provide public water to a person or property located within the town water territory without the express written consent from the town after written application to the town by such person.
(c) No person shall furnish water to the public or provide public water from a source within the town water territory, without the express written consent from the town after written application to the town by such person.
(d) No person shall take water from or cause or prevent water to escape from a watercourse or do any act that might affect the water flow in a watercourse in the town water territory without the express written consent from the town after written application to the town by such person.
(e) Nothing in this division (H) shall be construed to prohibit the taking of water from a watercourse or ground water for reasonable personal use by an individual, including, but not limited to, residential water wells.
(5) Territorial application. This division (H) shall apply to the town water territory as defined and depicted on Exhibit A attached hereto and made a part hereof as if set out in full herein.
(6) Exclusion for existing agreements. The terms of this division (H) are subject to and subordinate to any currently existing agreements between the town and any other entities providing public water to users.
(7) Jurisdiction. The Town Court and the Circuit and Superior Courts of the county shall have jurisdiction for the enforcement of this division (H) and the determination of any penalties and issuance of an injunction.
(Ord. 17-2004, passed 8- -2004; Ord. 01-2011, passed 2-28-2011) Penalty, see § 50.99