13-20-2-9. Requirement resulting from inaction on construction permit

IN Code § 13-20-2-9 (2019) (N/A)

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Sec. 9. (a) A person that:

(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

(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 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.

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13-20-2-10. Conditions requiring submission of new application for original construction permit; fee inapplicable; ordinance to approve facility location