Sec. 23. (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.
As added by P.L.124-1996, SEC.29. Amended by P.L.1-2001, SEC.21.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.