Sec. 11. (a) Subject to subsection (e), the legislative body of a municipal corporation shall:
(1) subject to subsection (b), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and
(2) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.
(b) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subsection (a)(1).
(c) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subsection (a).
(d) The failure of an environmental restrictive ordinance to comply with subsection (c) does not void the ordinance.
(e) The notice requirements of subsection (a) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in subsection (a) as part of a risk based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.
As added by P.L.78-2009, SEC.22. Amended by P.L.159-2011, SEC.43.
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