Indiana Code 13-20-2-9. Requirement resulting from inaction on construction permit
(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
Terms Used In Indiana Code 13-20-2-9
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Statute: A law passed by a legislature.
(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.
As added by P.L.205-2007, SEC.1.