§ 13-20-2-9 — Requirement resulting from inaction on construction permit

Indiana § 13-20-2-9

• Jurisdiction: Indiana
• Art. 20: SOLID WASTE MANAGEMENT
• Ch. 2: Permits for Solid Waste Landfills

Text

(a) A person that:
(1) holds a valid construction permit that is issued under this
chapter and authorizes construction for a facility that has not been
substantially developed; and
(2) has not commenced construction within:
(A) five (5) years after the date of the permit; or
(B) another period established by rule or statute;
must apply for a new construction permit and meet the requirements of
all applicable environmental laws existing at the time the new permit
is sought.
(b) A person that:
(1) holds a valid construction permit that is issued under this
chapter and authorizes construction at an operating facility; and
(2) has not commenced construction within:
(A) five (5) years after the date of the permit; or
(B) another period established by rule or statute;
must meet the requirements of all applicable environmental laws
existing at the time construction is substantially commenced.
(c) The periods described in subsections (a) and (b) for a person to
commence construction are tolled pending either of the following
concerning the construction permit:
(1) An administrative appeal.
(2) A judicial review.

Legislative History

As added by P.L.205-2007, SEC.1.