Indiana § 13-20-2-10 Conditions requiring submission of new application for original
construction permit; fee inapplicable; ordinance to approve facility
location

Indiana Statutes

§ 13-20-2-10 — Conditions requiring submission of new application for original construction permit; fee inapplicable; ordinance to approve facility location

Indiana·Art. 20 SOLID WASTE MANAGEMENT·Ch. 2 Permits for Solid Waste Landfills

(a)This section applies only:

(1)in a county that does not zone under IC 36-7-4; and

(2)to a facility:

(A)that is proposed to be constructed after April 1, 2008;

(B)that is not exempt under IC 13-20-1-1 from the demonstration of needs requirements of IC 13-20-1; and

(C)for which a permit for construction or operation is required under this article.

(b)If:

(1)a person submitted to the department before April 1, 2008:

(A)an application under this chapter for an original construction permit for a facility;

(B)a modification of an application under this chapter previously submitted to the department for an original construction permit for a facility; or

(C)an application under this chapter for modification of an original construction permit issued by the department under this chapte

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(a) This section applies only:
(1) in a county that does not zone under IC 36-7-4; and
(2) to a facility:
(A) that is proposed to be constructed after April 1, 2008;
(B) that is not exempt under IC 13-20-1-1 from the
demonstration of needs requirements of IC 13-20-1; and
(C) for which a permit for construction or operation is required
under this article.
(b) If:
(1) a person submitted to the department before April 1, 2008:
(A) an application under this chapter for an original
construction permit for a facility;
(B) a modification of an application under this chapter
previously submitted to the department for an original
construction permit for a facility; or
(C) an application under this chapter for modification of an
original construction permit issued by the department under this
chapter; and
(2) the department did not issue the permit or modified permit
applied for as described in subdivision (1) before April 1, 2008;
the person must submit a new application for an original construction
permit for the facility and meet the requirements of all applicable
environmental laws existing at the time the new permit is sought.
(c) The fee under IC 13-20-21-3 does not apply to the new
application for an original construction permit under subsection (b).
(d) The county executive of a county in which a facility is proposed
to be located must adopt an ordinance approving the proposed facility
location before the department may issue an original construction
permit in response to:
(1) a new application for an original construction permit for the
facility under subsection (b); or
(2) an application for an original construction permit for the
facility submitted to the department after March 31, 2008.

Indiana § 13-20-2-10 (Conditions requiring submission of new application for original construction permit; fee inapplicable; ordinance to approve facility location) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.