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Legal Question - Private Utility

Discussion in 'General' started by Hyperdyne, May 28, 2013.

  1. Hyperdyne

    Hyperdyne Indy United SBK

    I live in a rural subdivision and our wastewater utility provider has received significant pressure from the state to upgrade their treatment facility. In March, we received a letter that effective in May, he would no longer be providing service. Our city utility does have service near us, but has no immediate budget/plan/means to connect the homes to the public service.

    None of the homes in the area have septic systems, nor have the land to establish a traditional unit, or have an above ground unit. We also received a letter today notifying that the rates for another utility provided by the same provider, are increasing effective immediately 246%.

    Big question... Do the homeowners have any legal recourse or option to force the provider into continuing service until a settlement or plan can be reached.

    The service currently effets 20+\- homes.
     
  2. R Acree

    R Acree Banned

    Not that it will matter, but what were the obligations of the developer when you bought the lot? Is anything in writing, anywhere?
     
  3. kyle carver

    kyle carver Well-Known Member

    Contact the State department of environment, ASAP they probably can for yource him to continue to operate. But at a steep cost. Get together with your neighbors and hire a real good attorney. This could be real ugly.
     
  4. Big T

    Big T Well-Known Member

    You got the notice in March and you've waited until the final 3 days to look for a solution?

    I'm guessing you're looking at big fines from the state if you continue, as it will overflow and a big bill to connect to the city service in the very near future

    All of the homeowners should have gotten together months ago and started checking their options
     
  5. Hyperdyne

    Hyperdyne Indy United SBK

    Actually I contacted the city and the state. They have been working towards a resolution. However it all points towards a very significant and unbudgeted investment. The ROI isn't there for the small number of homes even on revised fee schedule.

    I was advised by both sides that having the municipality take over was the overall best option. However now that is off the table.
     
  6. Dave K

    Dave K DaveK ├╝ber alles!

    Lube up, you're gonna get f@cked.
     
  7. Marcmcm

    Marcmcm Huge Member

    Sounds similar to having a private road not up to township standards and the residents want the township to take it over. In our township that requires bringing it up to township specs first.

    All of the residents might want to look into a package septic system that would service all the properties. It's going to cost $$$ but probably less than 20 septic systems.
     
  8. aedwards01

    aedwards01 Well-Known Member

    Last edited: May 28, 2013
  9. kyle carver

    kyle carver Well-Known Member

    Surely the State had the utility post a bond to ensure this could not happen. What ever it takes get the city to take over the situation. Ask for annexation whatever it takes. If not your best bet may be a community STEP system, its going to be costly any way you go. Good luck.
     

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