Indiana Code
Chapter 6. Bonding
14-34-6-16. Forfeiture of Bond

Sec. 16. (a) The director may order the forfeiture of all or part of a bond for a permit area or an increment of a permit area, regardless of whether the entire area has been disturbed by surface mining activities, if:
(1) the permittee does not conduct reclamation operations in accordance with the applicable reclamation plan; or
(2) the permittee does not fulfill at least one (1) of the conditions under which the bond was posted.
(b) An order issued under subsection (a) or under IC 13-4.1-6-9(a) (before its repeal) is subject to IC 4-21.5-3-6 and becomes an effective and final order of the director without a proceeding if a request for review of the order is not filed with the director within fifteen (15) days after the order is served upon:
(1) the permittee; and
(2) the person that executed the permittee's bond or other performance guarantee if the permittee filed a bond or other performance guarantee under this chapter.
(c) If the forfeited bond is insufficient to pay the entire cost of reclamation, the permittee shall pay the uncompensated balance necessary for complete reclamation as determined by the director.
(d) If the amount of the forfeited bond exceeds the amount necessary for complete restoration, the excess amount shall be returned by the director to the person from whom the amount was received.
(e) A person who has forfeited a bond may not be given a permit until:
(1) the land subject to the forfeiture has been reclaimed without cost to the state; or
(2) the department has received an amount of money equal to the amount determined by the director to be necessary to reclaim the land.
(f) Money collected under this section is appropriated and allotted to the department, at the time of deposit, for restoration of the site from which the bond was forfeited.
[Pre-1995 Recodification Citation: 13-4.1-6-9.]
As added by P.L.1-1995, SEC.27.