Indiana Code Title 8. Utilities and Transportation § 8-1-1.9-5

(1) is not subject to the jurisdiction of the commission for the approval of rates and charges;  and

(2) has been issued one (1) or more enforcement orders after:

(1) resulting from a department enforcement action;  and

(2) relating to environmental or health and human safety issues.

(1) A public utility (as defined in IC 8-1-2-1(a)).

(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).

(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).

(4) A cooperatively owned corporation.

(5) A conservancy district established under IC 14-33.

(6) A regional water or sewer district established under IC 13-26.

(1) Except as provided in clause (C) in the case of a water utility, upon the issuance of the first enforcement order with respect to the water or wastewater utility, the commission shall do the following:

In making a determination under clause (B), the commission may consult with the drinking water and wastewater infrastructure research and extension program authorized by IC 5-1.2-11.5-10.  Notwithstanding IC 8-1-1-5(b), commission staff shall not be subject to cross examination in any subsequent proceeding in connection with any documents prepared during an informal review under this subdivision.

(2) If within two (2) years of the effective date of the first enforcement order a second enforcement order is issued with respect to the water or wastewater utility in connection with the same type of service for which the first enforcement order was issued, the water or wastewater utility:

with respect to that service.  After this first required rate case, the water or wastewater utility shall undergo one (1) subsequent rate case before the commission not earlier than three (3) years after the effective date of the commission's order in the first rate case under this subdivision.  The water or wastewater utility shall remain subject to the jurisdiction of the commission for the approval of rates and charges for a minimum of five (5) years from the effective date of the commission's order in the first rate case under this subdivision and for at least one (1) year after the effective date of the commission's order in the second rate case under this subdivision.  For purposes of determining rates and charges under this subdivision, if a wastewater utility also provides storm water services or is considered a combined sewer system, the commission may consider any revenues collected by the wastewater utility for storm water services.  However, the commission may not order storm water rates to be adjusted.

(3) Notwithstanding IC 8-1-2.7, if the water or wastewater utility:

the water or wastewater utility shall provide to the commission written notice to that effect.  If the commission determines that the water or wastewater utility has satisfied the requirements set forth in subdivision (2) and has not been issued any additional enforcement orders during the rate regulation period described in subdivision (2), the water or wastewater utility shall be withdrawn from the commission's jurisdiction.

(4) If, during the rate regulation period described in subdivision (2):

the commission may, in consultation with the department of environmental management, initiate a receivership proceeding with respect to the water or wastewater utility.

(5) Subdivision (1) applies with respect to any enforcement order that is issued with respect to the water or wastewater utility after the completion of the rate regulation period described in subdivision (2).