Ind. Code § 13-22-10-23

Current through P.L. 171-2024
Section 13-22-10-23 - Effects of granting certificate; limitations of local government
(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.

IC 13-22-10-23

As added by P.L. 124-1996, SEC.29. Amended by P.L. 1-2001, SEC.21.