Indiana § 10-19-12-14 - Administrative procedure; public notice and hearing

§ 10-19-12-14. Administrative procedure; public notice and hearing

Sec. 14. (a) Rules shall be promulgated under this chapter in accordance with IC 4-22-2.

(b) Orders shall be issued under this chapter in accordance with IC 4-21.5.

(c) In any proceeding for licensing ores processed primarily for their source material content and disposal of byproduct material or for licensing disposal of low-level radioactive waste, the department shall provide:

(1) an opportunity, after public notice, for written comments and a public hearing, with a transcript;

(2) an opportunity for cross-examination; and

(3) a written determination of the action to be taken, which is based upon findings included in the determination and upon evidence presented during the public comment period.

(d) In any proceeding for licensing ores processed primarily for their source material content and disposal of byproduct material or for licensing disposal of low-level radioactive waste, the department shall prepare, for each licensed activity that has a significant impact on the human environment, a written analysis of the impact of such licensed activity on the environment. The analysis shall be available to the public before the commencement of hearings held pursuant to subsection (c) and shall include the following:

(1) An assessment of the radiological and nonradiological impacts to the public health.

(2) An assessment of any impact on any waterway and groundwater.

(3) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted.

(4) Consideration of the long-term impacts, including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials that will remain on the site after such decommissioning, decontamination, and reclamation.

(e) The department shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by subsection (d) prior to completion of such analysis.

(f) Whenever the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may adopt rules under IC 4-22-2 or issue emergency orders under IC 4-21.5-4 to address the emergency.

As added by P.L.28-2022, SEC.2. Amended by P.L.93-2024, SEC.103.