CHAPTER 10. HAZARDOUS OR LOW LEVEL RADIOACTIVE WASTE FACILITY SITE APPROVAL
IC 13-22-10
Chapter 10. Hazardous or Low Level Radioactive Waste Facility
Site Approval
IC 13-22-10-1
Repealed
(Repealed by P.L.124-1996, SEC.30.)
IC 13-22-10-2
Repealed
(Repealed by P.L.124-1996, SEC.30.)
IC 13-22-10-3
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-4
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-5
Approval of construction
Sec. 5. (a) This section does not apply to a person who applied for
a certificate of environmental compatibility under IC 13-7-8.6
(before its repeal) before July 1, 1995.
(b) A person who proposes to construct a hazardous waste
disposal facility permitted under IC 13-22, a commercial hazardous
waste facility permitted under IC 13-22, or a commercial low level
radioactive waste facility permitted under IC 13-29-1-6 may not
begin construction of the facility until:
(1) the person has obtained all approvals to construct the facility
required under applicable zoning ordinances or other zoning
laws; or
(2) if the facility is located in an area that is not subject to a
zoning ordinance or other zoning law, the person has obtained
approval to construct the facility from the county executive of
the county in which the facility would be located.
As added by P.L.124-1996, SEC.11. Amended by P.L.45-1997,
SEC.19.
IC 13-22-10-6
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-7
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-8
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-9
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-10
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-11
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-12
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-13
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-14
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-15
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-16
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-17
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-18
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-19
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-20
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-21
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-22
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 13-22-10-23
Effects of granting certificate; limitations of local government
Sec. 23. (a) A:
(1) certificate of environmental compatibility granted under:
(A) IC 13-7-8.6 (before its repeal); or
(B) this chapter (before the expiration of the sections of this
chapter authorizing the hazardous waste facility site
approval authority to grant certificates of environmental
compatibility);
preempts any local government zoning or other land use
regulations, laws, or ordinances; and
(2) person obtaining the certificate of environmental
compatibility is not required to apply for approval by:
(A) a regional;
(B) a county; or
(C) a municipal;
zoning board or authority.
(b) Local government may not prohibit or unduly restrict:
(1) the transportation of hazardous waste or low level
radioactive waste through the local government's area of
jurisdiction that is en route to a facility; or
(2) the:
(A) treatment;
(B) storage; or
(C) disposal;
of hazardous waste or low level radioactive waste at a facility
within the jurisdiction of the local government.
As added by P.L.124-1996, SEC.29. Amended by P.L.1-2001,
SEC.21.