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Indiana Code Title 13. Environment § 13-22-10-23

Current as of January 02, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Indiana Code Title 13. Environment § 13-22-10-23 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-13-environment/in-code-sect-13-22-10-23/

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