Sec. 23. (a) A:

(1) certificate of environmental compatibility granted under:

Terms Used In Indiana Code 13-22-10-23

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.