Indiana § 10-19-12-14 Administrative procedure; public notice and hearing

Indiana Statutes

§ 10-19-12-14 — Administrative procedure; public notice and hearing

Indiana·Title 10 PUBLIC SAFETY·Art. 19 DEPARTMENT OF HOMELAND SECURITY·Ch. 12 Nuclear Regulatory Agreement

(a)Rules shall be promulgated under this chapter in accordance with IC 4-22-2.

(b)Orders shall be issued under this chapter in accordance with IC 4-21.5.

(c)In any proceeding for licensing ores processed primarily for their source material content and disposal of byproduct material or for licensing disposal of low-level radioactive waste, the department shall provide:

(1)an opportunity, after public notice, for written comments and a public hearing, with a transcript;

(2)an opportunity for cross-examination; and

(3)a written determination of the action to be taken, which is based upon findings included in the determination and upon evidence presented during the public comment period.

(d)In any proceeding for licensing ores processed primarily for their source material content and di

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(a) Rules shall be promulgated under this
chapter in accordance with IC 4-22-2.
(b) Orders shall be issued under this chapter in accordance with IC 4-21.5.
(c) In any proceeding for licensing ores processed primarily for their
source material content and disposal of byproduct material or for
licensing disposal of low-level radioactive waste, the department shall
provide:
(1) an opportunity, after public notice, for written comments and
a public hearing, with a transcript;
(2) an opportunity for cross-examination; and
(3) a written determination of the action to be taken, which is
based upon findings included in the determination and upon
evidence presented during the public comment period.
(d) In any proceeding for licensing ores processed primarily for their
source material content and disposal of byproduct material or for
licensing disposal of low-level radioactive waste, the department shall
prepare, for each licensed activity that has a significant impact on the
human environment, a written analysis of the impact of such licensed
activity on the environment. The analysis shall be available to the
public before the commencement of hearings held pursuant to
subsection (c) and shall include the following:
(1) An assessment of the radiological and nonradiological impacts
to the public health.
(2) An assessment of any impact on any waterway and
groundwater.
(3) Consideration of alternatives, including alternative sites and
engineering methods, to the activities to be conducted.
(4) Consideration of the long-term impacts, including
decommissioning, decontamination, and reclamation of facilities
and sites associated with the licensed activities and management
of any radioactive materials that will remain on the site after such
decommissioning, decontamination, and reclamation.
(e) The department shall prohibit any major construction with
respect to any activity for which an environmental impact analysis is
required by subsection (d) prior to completion of such analysis.
(f) Whenever the department finds that an emergency exists
requiring immediate action to protect the public health and safety, the
department may adopt rules under IC 4-22-2 or issue emergency orders
under IC 4-21.5-4 to address the emergency.

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