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.
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