§ 10-14-8-5 — Designated routes; required alternative routes

Indiana § 10-14-8-5

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 8: Transportation of High Level Radioactive Waste

Text

(a) Under 49 CFR Part 177, the director may
require preferred highway routes for transporting high level radioactive
waste in Indiana if the director determines under United States
Department of Transportation "Guidelines for Selecting Preferred
Highway Routes for Highway Route Controlled Quantity Shipments of
Radioactive Materials" that alternative routes are safer than proposed
routes.
(b) The director shall:
(1) annually review federally approved highway and railway
routes for transporting high level radioactive waste in Indiana;
and
(2) select new state designated routes in accordance with 49 CFR
Part 172.80 if safety considerations indicate the alternate routes
would be preferable.
(c) Before the director may require alternative routes under
subsection (a) or select new state designated routes under subsection
(b), the director must do the following:
(1) Consult with all of the persons described in section 4(a) of this
chapter.
(2) Conduct or engage in substantial consultation with the
affected local county authorities.
(3) Notify the:
(A) state health commissioner of the Indiana department of
health;
(B) commissioner of the department of environmental
management;
(C) superintendent of the state police department; and
(D) local emergency management agency and applicable local
fire and law enforcement agencies in each affected county;
of the director's final decision concerning an alternative route or
a new state designated route before the date upon which the
alternative route or new state designated route takes effect.
(d) The state is not liable by requiring alternate routes to be used as
provided under this section.
[Pre-2003 Recodification Citation: 10-8-3-5.]

Legislative History

As added by P.L.2-2003, SEC.5. Amended by P.L.26-2010, SEC.11; P.L.56-2023, SEC.71.