Sec. 15. (a) As used in this section, "pit" means a tract of land:
(1) from which the overburden has been removed or is being removed; and
(2) where mine run mineral is being produced in the raw state.
(b) A person who engages in surface mining must have a permit from the commission designating the area of land affected by the operation unless at least one (1) of the following conditions exists:
(1) Minerals regulated under this chapter constitute not more than twenty-five percent (25%) of the total tonnage of materials being extracted from the pit and the materials are extracted for purposes of bona fide sale or commercial use.
(2) The overburden above the mineral seam is insufficient for reclamation under section 26 of this chapter.
[Pre-1995 Recodification Citations: 13-4-6-2(f); 13-4-6-5(a) part.]
As added by P.L.1-1995, SEC.29.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Chapter 1. Surface Mining Reclamation
14-36-1-1. Purpose of Reclamation
14-36-1-3. Operations Subject to Certain Statutes
14-36-1-4. "Affected Area" Defined
14-36-1-5. "Cast Overburden" Defined
14-36-1-7. "Mining Refuse" Defined
14-36-1-8. "Operation" Defined
14-36-1-10. "Overburden" Defined
14-36-1-11. "Reclamation" Defined
14-36-1-12. "Reclamation Plan" Defined
14-36-1-13. Commission's Powers Regarding Permits
14-36-1-14. Duties of Director
14-36-1-16. Permit Powers; Effective Date
14-36-1-17. Contents of Application
14-36-1-18. Maps Accompanying Application
14-36-1-19. Amendment of Information or Consent
14-36-1-24. Bond Without Surety
14-36-1-25. Increasing Acres for Permit
14-36-1-26. Reclamation Procedures
14-36-1-27. Report of Operation
14-36-1-28. Charge Against Bond; Release of Bond; Refund of Fees
14-36-1-29. Retention of Bond for Revegetation
14-36-1-31. Modification, Suspension, or Revocation of Permit
14-36-1-32. Applicability of Ic 4-21.5
14-36-1-33. Operator With Revoked Permit
14-36-1-34. Operator With Forfeited Bond