CHAPTER 7.5. TRANSPORTATION OF CHEMICAL MUNITIONS

IC 13-22-7.5
    Chapter 7.5. Transportation of Chemical Munitions

IC 13-22-7.5-1
Application to certain persons
    Sec. 1. This chapter applies to a person that transports:
        (1) a chemical munition referred to in 329 IAC 3.1-6-3, as ineffect on January 1, 2005; or
        (2) hazardous waste derived from the bulk neutralization anddestruction of the agent VX referred to in IC 13-11-2-25(6).
As added by P.L.172-2005, SEC.2.

IC 13-22-7.5-2
Requirements before transporting certain substances
    Sec. 2. (a) Subject to subsections (b) and (c), before transportinga substance referred to in section 1 of this chapter, a person mustcoordinate the transport with the appropriate state agencies of eachstate through which the substance will be transported and file inIndiana the following with the department, the state policedepartment, and the department of homeland security established byIC 10-19-2-1:
        (1) A written evaluation of potential transportation risks that:
            (A) accounts for the type and quantity of hazardous waste tobe transported;
            (B) identifies the most likely types of incidents that could:
                (i) occur during the transport; and
                (ii) result in harm to the public health or environment;
            (C) assesses the likelihood of the occurrence of each type ofincident referred to in clause (B);
            (D) identifies the magnitude of the potential harm to thepublic health or environment associated with each type ofincident referred to in clause (B); and
            (E) is written in a manner understandable to:
                (i) the scientific community; and
                (ii) the public.
        (2) A written transport safety plan that:
            (A) is tailored to the risks described in subdivision (1);
            (B) demonstrates that the driver of each vehicle to be usedin the transport:
                (i) has received United States Department ofTransportation training and licensure; and
                (ii) is familiar with the content of the plan;
            (C) demonstrates for the transport route that appropriateprocedures and response personnel will be available for:
                (i) medical response;
                (ii) environmental response;
                (iii) local law enforcement response; and
                (iv) evacuation of the area; and
            (D) provides for submitting notice to the department beforethe first shipment of each particular chemical munition or

hazardous waste described in section 1 of the chapter istransported.
    (b) A notice submitted under the transport safety plan provisiondescribed in subsection (a)(2)(D) must include the estimatedshipment schedule for each chemical munition or hazardous wastefor the duration of the transport activity. A person who transports achemical munition or hazardous waste described in subsection (a)shall immediately notify the department of any major variations fromthe estimated shipment schedule provided under this subsection.
    (c) A person must file an amended:
        (1) evaluation of potential transportation risks; and
        (2) transport safety plan;
under subsection (a) only if the proposed transport route changes.
As added by P.L.172-2005, SEC.2. Amended by P.L.1-2009,SEC.109.

IC 13-22-7.5-3
Transport at times providing maximum public safety
    Sec. 3. The transport of a substance referred to in section 2 of thischapter shall occur at times that provide maximum public safety.
As added by P.L.172-2005, SEC.2.