§ 13-22-10-23 — Effects of granting certificate; limitations of local government

(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.

Legislative History

As added by P.L.124-1996, SEC.29. Amended by P.L.1-2001, SEC.21.