Section 170IAC8.5-3-1. Application for certificate of territorial authority

   Whenever a sewage disposal company petitions for a CTA, either as an initial authority or as an expansion of its authorized territory, the sewage disposal company shall submit, where appropriate, the following exhibits:

(1) Required for initial applications only are the following:

(A) Articles of incorporation.

(B) A legal description of the petitioner's sewage disposal plant site.

(C) A ten-year feasibility study and pro forma financial statements, including the following:

(i) Proposed user rates.

(ii) Nonrecurring charges.

(D) A personal guarantee by a principal of the corporation for a period of five (5) years from the date a utility provides service to its first customer or receives its CTA, whichever is greater, accompanied by a personal financial statement under section 3 of this rule.

(2) Required for all applicants, including initial applicants, are the following:

(A) A legal description of the area to be served.

(B) A letter of approval from the:

(i) Indiana department of environmental management; or

(ii) state department of health.

(C) Documents to support approvals that have been obtained from the Indiana department of natural resources, if necessary.

(D) Plans and specifications of treatment plant and sanitary sewers.

(E) Area maps as outlined in the instructions of section 2 of this rule.

(F) A letter of acknowledgement from the owner-operator of any sanitary system within five (5) miles of the company's system that he or she is familiar with the company's interest to apply for a CTA, which should be submitted together with the signed return receipts, as well as any other correspondence from the owner-operator relating to the proposal.

(G) A statement of the estimated costs of the construction of the sewage disposal plant, including and separately as to the following:

(i) The treatment plant.

(ii) The collection system.

(iii) The pumping plant.

(H) As deemed appropriate by the administrative law judge, a personal guarantee and personal financial statement as described in subdivision (1)(D).

(3) A petition for initial authority or expansion of existing territorial authority shall include an original and four (4) copies of the application and the required exhibits.

(4) Instructions on the contents of the required exhibits for a CTA are in section 2 of this rule, and sample forms are in section 3 of this rule.

(Indiana Utility Regulatory Commission; Service for Utilities Rendering Sewage Disposal Service in Ind; Rule 17; filed Dec 9, 1981, 10:20 a.m.: 5 IR 21; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; filed Sep 13, 2007, 1:58 p.m.: 20071010-IR-170070235FRA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA)