Ind. Code § 13-18-10-2.2

Affidavit after construction or expansion; approval to construct or expand remains effective as operating approval

Applied in 2 court decisions — leading case Jennings Water, Inc. v. Office of Environmental Adjudication (2009)

Most recently applied in Jennings Water, Inc. v. Office of Environmental Adjudication (July 2009)

As added by P.L.125-1997, SEC.6

Sec. 2.2. (a) Not more than thirty (30) days after the completion of construction or expansion of a confined feeding operation, the applicant shall execute and send to the department an affidavit that affirms under penalties of perjury that the confined feeding operation:

(1) was constructed or expanded; and

(2) will be operated;

in accordance with the requirements of the department's approval.

(b) An approval to construct or expand a confined feeding operation shall remain in effect as the operating approval for the duration of the permit term if construction or expansion is completed prior to the end of the permit term under which the confined feeding operation was constructed or expanded.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.