1. (a) This section applies only:

   1. (1) in a county that zones under IC 36-7-4 ; and

   2. (2) to a facility:

      1. (A) for which the zoning required for the construction of the facility was approved before April 1, 1985;
      2. (B) for which the department issued a valid construction permit under this chapter before April 1, 2008; and
      3. (C) that did not accept waste before April 1, 2008.

2. (b) The person that holds the permit referred to in subsection (a)(2)(B) may begin or complete construction of the facility referred to in subsection (a)(2) only if after April 1, 2008, the zoning authority that has jurisdiction reviews and approves the:

   1. (1) appropriateness; and

   2. (2) legality;

      of the zoning referred to in subsection (a)(2)(A) under the requirements of all applicable zoning laws existing at the time of the review.

As added by P.L.114-2008, SEC.18.