Nuclear facility permits., the official text

Second Regular Session of the 124th General Assembly (2026)

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between statutes enacted by the 2025 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 258

   AN ACT to amend the Indiana Code concerning environmental law.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 13-15-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A permit
issued under:

      (1) this article; (except IC 13-15-9);
      (2) IC 13-17-11;
      (3) IC 13-18-18; or
      (4) IC 13-20-1;
may be issued for any period determined by the department to be
appropriate but not to exceed five (5) years.
   (b) Except as provided in federal law, a valid permit that has been
issued under this chapter that concerns an activity of a continuing
nature may be renewed for a period of not more than ten (10) years as
determined by the department. The board shall adopt rules
implementing this subsection.
   (c) The commissioner may delegate authority to issue or deny
permits to a designated staff member.
   SECTION 2. IC 13-15-9-1 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 1. A person may not:
      (1) construct or operate a nuclear powered generating facility or
      nuclear fuel reprocessing plant; or
      (2) increase the capacity of such an existing facility;
without a permit from the department.

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   SECTION 3. IC 13-15-9-2 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 2. (a) The board may adopt rules under IC 4-22-2 and
IC 13-14-9 establishing:

      (1) conditions for the issuance of a permit under this chapter; and
      (2) requirements for the operation of nuclear facilities.
   (b) Rules adopted by the board may relate to:
      (1) air pollution from nuclear facilities;
      (2) water pollution from nuclear facilities; or
      (3) other environmental problems associated with nuclear
      facilities.
   SECTION 4. IC 13-15-9-3, AS AMENDED BY P.L.133-2012,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. A person proposing to
construct:
      (1) a nuclear powered generating facility; or
      (2) a nuclear fuel reprocessing plant;
shall file with the board department an environmental feasibility
report on a form prescribed by the board, concurrently with the filing
of the preliminary safety analysis documents required to be filed with
the United States Atomic Energy Commission. Nuclear Regulatory
Commission.
   SECTION 5. IC 13-15-9-4 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 4. (a) The commissioner, on behalf of the board, may
conduct a public hearing at a time and place to be determined by the
department on the environmental effects of the proposed operation.
   (b) A person affected by the proposed construction may participate
in the hearing to the extent and in the manner that the board prescribes.
   SECTION 6. IC 13-15-9-5 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 5. (a) The board shall adopt rules and standards under
section 2 of this chapter to protect the citizens of Indiana from the
hazards of radiation.
   (b) Each permit required under this chapter according to rules
adopted by the board must specify the maximum allowable level of
radioactive discharge.
   (c) Each permit issued must include a requirement for:
      (1) appropriate procedures of monitoring any discharge; and
      (2) a report of each discharge to the department.
   SECTION 7. IC 13-30-2-1, AS AMENDED BY P.L.133-2012,
SECTION 158, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. A person may not do any of
the following:
      (1) Discharge, emit, cause, allow, or threaten to discharge, emit,

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      cause, or allow any contaminant or waste, including any noxious
      odor, either alone or in combination with contaminants from other
      sources, into:

         (A) the environment; or
         (B) any publicly owned treatment works;
      in any form that causes or would cause pollution that violates or
      would violate rules, standards, or discharge or emission
      requirements adopted by the board under the environmental
      management laws.
      (2) Increase the quantity or strength of a discharge of
      contaminants into the waters or construct or install a sewer or
      sewage treatment facility or a new outlet for contaminants into the
      waters of Indiana without prior approval of the department.
      (3) Deposit any contaminants upon the land in a place and manner
      that creates or would create a pollution hazard that violates or
      would violate a rule adopted by the board.
      (4) Deposit or cause or allow the deposit of any contaminants or
      solid waste upon the land, except through the use of sanitary
      landfills, incineration, composting, garbage grinding, or another
      method acceptable to the board.
      (5) Dump or cause or allow the open dumping of garbage or of
      any other solid waste in violation of rules adopted by the board.
      (6) Dispose of solid waste in, upon, or within the limits of or
      adjacent to a public highway, state park, state nature preserve, or
      recreation area or in or immediately adjacent to a lake or stream,
      except:
         (A) in proper containers provided for sanitary storage of the
         solid waste; or
         (B) as a part of a sanitary landfill operation or other land
         disposal method approved by the department.
      (7) Construct, install, operate, conduct, or modify, without prior
      approval of the department, any equipment or facility of any type
      that may:
         (A) cause or contribute to pollution; or
         (B) be designed to prevent pollution.
      However, the commissioner or the board may approve
      experimental uses of any equipment, facility, or pollution control
      device that is considered necessary for the further development of
      the state of the art of pollution control.
      (8) Conduct any salvage operation or open dump by open burning
      or burn, cause, or allow the burning of any solid waste in a
      manner that violates either:

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         (A) the air pollution control laws; or
         (B) the rules adopted by the board.
      (9) Commence construction of a proposed hazardous waste
      facility without having first:
         (A) filed an application for; and
         (B) received;
      a permit from the department.
      (10) Commence or engage in the operation of a hazardous waste
      facility without having first obtained a permit from the
      department.
      (11) Deliver any hazardous waste to a hazardous waste facility
      that:
         (A) is not approved; or
         (B) does not hold a permit from the department.
      (12) Cause or allow the transportation of a hazardous waste
      without a manifest if a manifest is required by law.
      (13) Violate any:
         (A) condition;
         (B) limitation; or
         (C) stipulation;
      placed upon a certificate of environmental compatibility by the
      hazardous waste facility site approval authority or any other
      provision of IC 13-22-10.
      (14) Apply or allow the application of used oil to any ground
      surface, except for purposes of treatment in accordance with a
      permit issued by the department under any of the following:
         (A) IC 13-15. except IC 13-15-9.
         (B) IC 13-17-11.
         (C) IC 13-18-18.
         (D) IC 13-20-1.
      (15) Commence construction of a solid waste incinerator without
      first obtaining a permit from the department under IC 13-20-8.
      (16) Commence operation of a solid waste incinerator without
      first obtaining the approval of the department under IC 13-20-8.
   SECTION 8. An emergency is declared for this act.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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