Sec. 10. (a) Forfeiture of bonds of an operator participating in the bond pool shall be accomplished under IC 14-34-6-16. In addition to forfeiture, the director may proceed against the permittee of the surface coal mining operation by filing a civil action for injunctive or other relief in any court having jurisdiction to compel the permittee to perform the reclamation work in full compliance with this article, the rules adopted under this article, and the approved permit plans. The director may also file an action in any court having jurisdiction against the permittee to recover all money expended by the bond pool to accomplish the reclamation, including construction costs, engineering costs, administrative costs, and legal costs. In an action to recover these costs, the defendant may not do the following:
(1) Relitigate the facts giving rise to the forfeiture.
(2) Defend by claiming the forfeiture was improper.
(b) A:
(1) proceeding under this section does not constitute a waiver by the director to proceed under other provisions of this article; and
(2) commencement of action under one (1) provision does not constitute an election to proceed solely under that provision.
(c) Liability of participants in the bond pool for reclamation of areas disturbed by other operators is limited to fees paid into the bond pool under sections 5 and 8 of this chapter.
[Pre-1995 Recodification Citation: 13-4.1-6.5-10.]
As added by P.L.1-1995, SEC.27.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation
14-34-8-1. "Bond Pool" Defined
14-34-8-2. "Committee" Defined
14-34-8-3. Surface Coal Mine Reclamation Bond Pool
14-34-8-4. Participation in Bond Pool
14-34-8-5. Fees for Participation in Bond Pool
14-34-8-6. Suspension From Bond Pool
14-34-8-7. Release of Bond or Other Surety
14-34-8-8. Fees per Acre for Bond
14-34-8-9. Use of Bond Pool Money to Complete Reclamation
14-34-8-10. Forfeiture of Bonds
14-34-8-11. Surface Coal Mine Reclamation Bond Pool Committee