Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation

14-34-3-4. Confidential or Public Information Pertaining to Coal Seams, Test Borings, Core Samplings, or Soil Samples - Sec. 4. The information required by section 3 of this...

14-34-3-5. Probable Hydrologic Consequences of Test Borings or Core Samplings - Sec. 5. Upon the written request of the operator and...

14-34-3-6. Application Available for Public Inspection - Sec. 6. Each applicant for a surface coal mining and...

14-34-3-7. Filing Fee - Sec. 7. An applicant must pay a filing fee of...

14-34-3-8. Application on File for 30 Days - Sec. 8. An application remains on file until thirty (30)...

14-34-3-9. Application on File and Available for Inspection - Sec. 9. An accurate and complete copy of an application,...

14-34-3-10. Information Concerning Archeological and Historic Sites; Limitation on Enforcement of Section and Rules - Sec. 10. (a) The director may require a permit applicant...

14-34-3-11. Reimbursement of Costs to Department - Sec. 11. (a) Whenever the department has assumed the cost...

14-34-3-12. Reclamation Plan - Sec. 12. (a) Each reclamation plan submitted as part of...

14-34-3-13. Departures From Standards - Sec. 13. To encourage advances in coal mining and reclamation...

14-34-3-14. Coordination With Other Federal Act Requirements - Sec. 14. The director shall, to avoid duplication, provide for...

Chapter 4. Permit Approval or Denial

14-34-4-1. Applicant's Required Notice of Application - Sec. 1. At the time of submission of an application...

14-34-4-2. Director's Required Notice of Application - Sec. 2. (a) The director shall give notice to the...

14-34-4-3. Comments Concerning Applications - Sec. 3. (a) The local bodies, agencies, authorities, or companies...

14-34-4-4. Objections; Request for Informal Conference or Public Hearing - Sec. 4. (a) A person with an interest that is...

14-34-4-5. Informal Conference or Public Hearing; Access to Mining Area; Record of Proceedings - Sec. 5. (a) If written objections are filed and an...

14-34-4-6. Conditions Requiring Public Hearing - Sec. 6. A public hearing shall be held on the...

14-34-4-7. Approval of Application; Requirements - Sec. 7. (a) The applicant has the burden of establishing...

14-34-4-8. Nonissuance of Permit for Violations of Certain Federal and State Statutes - Sec. 8. (a) As used in this section, "applicant" or...

14-34-4-8.5. Exemptions for Unanticipated Events or Conditions - Sec. 8.5. The: (1) finding required by section 7(a)(6) of...

14-34-4-9. Mining of Prime Farmland - Sec. 9. (a) This section does not apply to an...

14-34-4-10. Considerations Regarding Historic Sites and Structures; Limitation on Enforcement of Section and Rules - Sec. 10. (a) The director may not approve a permit...

14-34-4-10.5. Good Faith Effort to Identify Problems That May Result in Unanticipated Events or Conditions - Sec. 10.5. (a) A person who submits an application for...

14-34-4-11. Written Findings - Sec. 11. (a) If an informal conference or public hearing...

14-34-4-12. Notification of Applicant of Director's Decision - Sec. 12. The director shall notify an applicant of the...

14-34-4-13. Hearing on Reasons for Final Determination - Sec. 13. (a) Within thirty (30) days after an applicant...

14-34-4-14. Issuance of Permit - Sec. 14. The director shall issue a permit if all...

14-34-4-15. Permit Effective Upon Issuance - Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under section...

14-34-4-16. Notification of Permit Issuance - Sec. 16. (a) Within ten (10) days after a permit...

14-34-4-17. Temporary Relief Pending Final Determination - Sec. 17. If a hearing is requested under section 13...

14-34-4-18. Conditions of Permit - Sec. 18. (a) Each permit issued by the director is...

Chapter 5. Permit Terms

14-34-5-1. Validity Permit - Sec. 1. (a) A permit issued under IC 14-34-4 is...

14-34-5-2. Transferring, Assigning, or Selling Permit Rights - Sec. 2. (a) A permittee may not transfer, assign, or...

14-34-5-3. Termination of Permit for Nonuse; Extension of Time - Sec. 3. (a) A permit terminates if the permittee has...

14-34-5-4. Renewal of Permit - Sec. 4. (a) A permittee may, within one hundred twenty...

14-34-5-5. Revision of Permit - Sec. 5. (a) During the term of the permit, the...

14-34-5-6. Repealed - [Pre-1995 Recodification Citation: 13-4.1-5-5.1.] As added by P.L.1-1995, SEC.27. Repealed...

14-34-5-7. Change in Reclamation Plan; Approval - Sec. 7. (a) A change in mining or reclamation operations...

14-34-5-8. Revision of Permit; Notice and Hearing Requirements - Sec. 8. (a) Unless an application for revision of a...

14-34-5-8.1. Significant Revision; Determination - Sec. 8.1. For purposes of sections 7 and 8 of...

14-34-5-8.2. Nonsignificant Revision; Determination - Sec. 8.2. For purposes of sections 7, 8, and 8.3...

14-34-5-8.3. Review and Approval of Nonsignificant Revisions - Sec. 8.3. A nonsignificant revision in a mining or reclamation...

14-34-5-8.4. Minor Field Revision; Determination and Approval - Sec. 8.4. (a) For purposes of sections 7 and 8...

14-34-5-8.5. Application for Extension of Area Covered by Permit - Sec. 8.5. An extension of the area covered by a...

14-34-5-8.6. Incidental Boundary Revision; Requirements; Application and Approval - Sec. 8.6. (a) For the area covered by a permit...

14-34-5-9. Review of Outstanding Permits - Sec. 9. The director shall, within a time prescribed by...

14-34-5-10. Annual Report - Sec. 10. A permittee must submit to the department an...

14-34-5-11. Suspension or Revocation of Permit - Sec. 11. The director may suspend or revoke the permit...

Chapter 6. Bonding

14-34-6-1. Bond Requirements - Sec. 1. (a) After a surface coal mining and reclamation...

14-34-6-2. Bond Amount - Sec. 2. (a) The director shall determine the amount of...

14-34-6-3. Liability Under Bond - Sec. 3. Liability under the bond extends for: (1) the...

14-34-6-4. Execution of Bond - Sec. 4. The operator and a corporate surety: (1) licensed...

14-34-6-5. Options Instead of Bond - Sec. 5. (a) Instead of a bond, an operator may...

14-34-6-6. Adjustment of Bond or Deposit Amount - Sec. 6. The director shall adjust the amount of the...

14-34-6-7. Release of Bond or Deposit; Publication of Notice - Sec. 7. (a) After a permit is issued, the permittee...

14-34-6-8. Bond Release Application; Notification - Sec. 8. If an application for total or partial bond...

14-34-6-9. Inspection and Evaluation - Sec. 9. Within thirty (30) days of receipt of a...

14-34-6-10. Written Objections; Request for Public Hearing - Sec. 10. (a) This section applies to the following: (1)...

14-34-6-11. Public Hearing - Sec. 11. (a) If written objections are filed and a...

14-34-6-12. Informal Conference - Sec. 12. Without prejudice to the rights of the objectors...

14-34-6-13. Schedule for Release of Bond or Deposit - Sec. 13. The director may release the bond, deposit, or...

14-34-6-14. Notification of Decision - Sec. 14. (a) If a public hearing requested under section...

14-34-6-14.3. Release of Bond Covering Undisturbed Area - Sec. 14.3. The director may release the bond, deposit, or...

14-34-6-14.6. Release of Bond Covering Disturbed Area - Sec. 14.6. (a) This section applies when an applicant or...

14-34-6-15. Abandoned Mine Reclamation Fund - Sec. 15. (a) As used in this section, "fund" refers...

14-34-6-16. Forfeiture of Bond - Sec. 16. (a) The director may order the forfeiture of...

Chapter 7. Self-Bonding

14-34-7-0.5. "Collateral" Defined - Sec. 0.5. As used in this chapter, "collateral" means the...

14-34-7-0.6. "Comparative Balance Sheet" Defined - Sec. 0.6. As used in this chapter, "comparative balance sheet"...

14-34-7-0.7. "Comparative Income Statement" Defined - Sec. 0.7. As used in this chapter, "comparative income statement"...

14-34-7-1. "Liabilities" Defined - Sec. 1. As used in this chapter, "liabilities" means obligations...

14-34-7-2. "Net Worth" Defined - Sec. 2. As used in this chapter, "net worth": (1)...

14-34-7-2.5. "Surface Mining Control and Reclamation Act" Defined - Sec. 2.5. As used in this chapter, "Surface Mining Control...

14-34-7-3. "Tangible Net Worth" Defined - Sec. 3. As used in this chapter, "tangible net worth"...

14-34-7-4. "Current Assets" Defined - Sec. 4. (a) As used in this section, "current assets"...

14-34-7-4.1. Method of Replacement of Self-Bonds - Sec. 4.1. (a) Before January 1, 1996, all self-bonds in...

14-34-7-5. "Corporate Guarantee" Defined - Sec. 5. (a) A written guarantee accepted under this section...

14-34-7-6. Self-Bond or Corporate Guarantee; Percentage of Net Worth - Sec. 6. (a) For the director to accept an applicant's...

14-34-7-7. Indemnity Agreement - Sec. 7. If the director accepts an applicant's self-bond, an...

14-34-7-7.1. Collateral and Indemnity Agreement to Support Self-Bond Application - Sec. 7.1. (a) If an application for self-bonding is rejected...

14-34-7-8. Updated Information for Self-Bond or Corporate Guarantee - Sec. 8. The director shall require self-bonded applicants and corporate...

14-34-7-9. Change in Financial Condition - Sec. 9. (a) If at any time during the period...

14-34-7-10. Report of Public Accounting Consultant - Sec. 10. (a) An applicant shall submit, in addition to...

14-34-7-11. Incremental Self-Bonds; Coverage of Deferred Grading Areas - Sec. 11. (a) The director may not accept an applicant's...

14-34-7-12. Alternate Forms of Self-Bonds; Monitoring of Reclamation - Sec. 12. (a) If a permittee who posted a self-bond...

14-34-7-13. Effect of Invalidation of Ic 14-34-7-1 - Sec. 13. For purposes of IC 1-1-1-8, if the amendments...

Chapter 8. Bond Pool

14-34-8-1. "Bond Pool" Defined - Sec. 1. As used in this chapter, "bond pool" refers...

14-34-8-2. "Committee" Defined - Sec. 2. As used in this chapter, "committee" refers to...

14-34-8-3. Surface Coal Mine Reclamation Bond Pool - Sec. 3. The surface coal mine reclamation bond pool is...

14-34-8-4. Participation in Bond Pool - Sec. 4. (a) As used in this section, "mining" includes...

14-34-8-5. Fees for Participation in Bond Pool - Sec. 5. (a) An application for participation in the bond...

14-34-8-6. Suspension From Bond Pool - Sec. 6. (a) Subject to subsection (c), an operator is...

14-34-8-7. Release of Bond or Other Surety - Sec. 7. The bond or other surety furnished by the...

14-34-8-8. Fees per Acre for Bond - Sec. 8. (a) When an operator furnishes a bond under...

14-34-8-9. Use of Bond Pool Money to Complete Reclamation - Sec. 9. After all available money furnished for a permit...

14-34-8-10. Forfeiture of Bonds - Sec. 10. (a) Forfeiture of bonds of an operator participating...

14-34-8-11. Surface Coal Mine Reclamation Bond Pool Committee - Sec. 11. (a) The surface coal mine reclamation bond pool...

Chapter 9. Coal Exploration

14-34-9-1. Notice of Intention to Explore; Written Permission of Director; Requirements - Sec. 1. (a) Subject to subsection (b), before conducting a...

14-34-9-2. Description of Exploration Area; Period of Exploration - Sec. 2. The notice of intention to explore and the...

14-34-9-3. Rules - Sec. 3. The commission shall adopt rules to do the...

14-34-9-4. Confidential Information - Sec. 4. Information concerning trade secrets or privileged commercial or...

14-34-9-5. Person Engaged in Coal Exploration Treated as Permittee - Sec. 5. A person engaged in coal exploration is subject...

14-34-9-6. Environmental Limitations on Exploration - Sec. 6. Coal exploration may not disturb the following: (1)...

Chapter 10. Performance Standards

14-34-10-1. "Approximate Original Contour" Defined - Sec. 1. As used in this chapter, "approximate original contour"...

14-34-10-2. Duties of Permittee - Sec. 2. (a) As used in this section, "higher or...

14-34-10-3. Exemptions - Sec. 3. (a) This section does not apply to the...

14-34-10-4. Mining Permitted Without Regard to Restoring Land to Original Contour - Sec. 4. (a) The director may, under procedures established by...

14-34-10-5. Conditions for Variance - Sec. 5. (a) The director may grant a variance from...

Chapter 11. Surface Effects of Underground Coal Mining

14-34-11-1. Requirements of Permit Holders - Sec. 1. In addition to other requirements that the commission...

14-34-11-2. Suspension of Mining to Protect Land Stability - Sec. 2. To protect the stability of the land, the...

14-34-11-3. Damage to Buildings or Water - Sec. 3. (a) As used in this section, "compensate" means...

14-34-11-4. Modification of Permits and Bonds - Sec. 4. All provisions of this article apply to surface...

Chapter 12. Blasting

14-34-12-1. Rules Regarding Training, Examination, and Certification - Sec. 1. The commission shall adopt rules that require the:...

14-34-12-2. Adoption of Rules Regarding Blasting - Sec. 2. The commission shall adopt rules to do the...

14-34-12-3. Investigation of Complaints - Sec. 3. Upon receipt of a complaint that blasting operations...

Chapter 13. Reclamation Fees

14-34-13-1. Fees Paid by All Operators - Sec. 1. All operators of surface coal mining operations subject...

14-34-13-2. Fees Paid by Underground Mining Operators - Sec. 2. All operators of underground coal mining operations subject...

14-34-13-3. Payments of Fees - Sec. 3. The fees required by sections 1 through 2...

Chapter 14. Reclamation Division Fund

14-34-14-1. "Fund" Defined - Sec. 1. As used in this chapter, "fund" refers to...

14-34-14-2. Purpose - Sec. 2. The natural resources reclamation division fund is established...

14-34-14-3. Fund Administration - Sec. 3. The department shall administer the fund. [Pre-1995 Recodification...

14-34-14-4. Investments - Sec. 4. The treasurer of state shall invest the money...

14-34-14-5. Money Not Reverting to State General Fund - Sec. 5. Money in the fund at the end of...

Chapter 15. Inspections, Monitoring, and Enforcement

14-34-15-1. Duties of Permittees Regarding Records and Reports - Sec. 1. (a) To aid in the enforcement of this...

14-34-15-2. Operations Removing or Disturbing Strata Serving as Aquifers - Sec. 2. (a) For those surface coal mining and reclamation...

14-34-15-3. Minimum Inspections - Sec. 3. (a) The director shall inspect the surface coal...

14-34-15-4. Inspection Report - Sec. 4. (a) Following completion of the inspections required under...

14-34-15-5. Notification of Violations - Sec. 5. (a) If, due to an inspection under section...

14-34-15-6. Ordered Cessation of Coal Mining and Reclamation Operations - Sec. 6. (a) As used in this section, "imminent danger...

14-34-15-7. Permit Suspension or Revocation - Sec. 7. (a) As used in this section, "unwarranted failure...

14-34-15-8. Notice or Order Requirements - Sec. 8. (a) The director or inspector, as appropriate, shall...

14-34-15-9. Application for Review - Sec. 9. (a) Any person having an interest that is...

14-34-15-10. Costs and Expenses - Sec. 10. Whenever an order is issued: (1) under this...

14-34-15-11. Injunctions; Restraining Orders; Other Orders - Sec. 11. The director may request the attorney general to...

14-34-15-12. Civil Action - Sec. 12. (a) In addition to other remedies available under...

14-34-15-13. Violations at Surface Mining Site; Citations - Sec. 13. (a) A person who is or may be...

14-34-15-14. Inspections - Sec. 14. (a) The commission shall by rule establish procedures...

14-34-15-15. Action for Damages - Sec. 15. (a) A person whose person or property is...

14-34-15-16. Intervention - Sec. 16. A person subject to this article who: (1)...

Chapter 16. Penalties

14-34-16-1. Civil Penalties; Violations - Sec. 1. (a) The director: (1) may, after an opportunity...

14-34-16-2. Amount of Penalty - Sec. 2. In determining the amount of a civil penalty...

14-34-16-3. Each Day Considered Separate Violation - Sec. 3. Each day in violation of: (1) IC 13-4.1...

14-34-16-4. Order to Pay Penalty; Hearing - Sec. 4. (a) Upon the issuance of a notice or...

14-34-16-5. Action by Attorney General to Recover Civil Penalties Owed - Sec. 5. The director may request the attorney general to...

14-34-16-6. Criminal Violations - Sec. 6. (a) A person who: (1) knowingly violates: (A)...

14-34-16-7. Interference With Director in Performance of Director's Duties - Sec. 7. A person who willfully resists, prevents, impedes, or...

14-34-16-8. Violations of Permit and Noncompliance by Corporate Permittee - Sec. 8. If a corporate permittee: (1) violates a condition...

14-34-16-9. Penalties Deposited in Fund - Sec. 9. All civil penalties collected under this chapter shall...

Chapter 17. Judicial Review

14-34-17-1. Action Subject to Review; Operation of Rights Not Limited - Sec. 1. An action of the director or the commission...

14-34-17-2. Judicial Review Not Stay of Action - Sec. 2. The commencement of a judicial review proceeding under...

14-34-17-3. Temporary Relief - Sec. 3. Pending final determination of the judicial review proceeding,...

Chapter 18. Designation of Land Unsuitable for Surface Coal Mining

14-34-18-1. Exemptions - Sec. 1. This chapter does not apply to the following:...

14-34-18-2. "Substantial Legal and Financial Commitments in a Surface Coal Mining Operation" Defined - Sec. 2. As used in this chapter, "substantial legal and...

14-34-18-3. Prohibited Conditions - Sec. 3. (a) Subject to valid existing rights that existed...

14-34-18-4. Petition to Director - Sec. 4. (a) A person with an interest that is...

14-34-18-5. Statement by Director - Sec. 5. Before designating a land area as unsuitable for...

14-34-18-6. Designation of Area as Unsuitable - Sec. 6. (a) The director may designate an area as...

Chapter 19. Abandoned Mines

14-34-19-1. Federal Money - Sec. 1. (a) Money received by the department from the...

14-34-19-1.3. Acid Mine Drainage Abatement and Treatment Fund - Sec. 1.3. (a) As used in this section, "fund" refers...

14-34-19-1.5. Reclamation Set-Aside Fund - Sec. 1.5. (a) As used in this section, "fund" refers...

14-34-19-2. Lands and Water Eligible for Reclamation or Drainage Abatement Expenditures - Sec. 2. (a) Lands and water eligible for reclamation or...

14-34-19-3. Priorities for Expenditures - Sec. 3. (a) Expenditure of money from the fund created...

14-34-19-4. Director Entering Property to Abate Adverse Effects of Coal Mining Practices - Sec. 4. (a) This section applies if the director makes...

14-34-19-5. Director Entering Property to Conduct Studies or Exploratory Work - Sec. 5. (a) The director may enter upon any property...

14-34-19-6. Acquisition of Adversely Affected Land for Reclamation - Sec. 6. The director may, by purchase, donation, or condemnation,...

14-34-19-7. Title and Price of Land Purchased - Sec. 7. Title to all land acquired by the director...

14-34-19-8. Public Sale of Land - Sec. 8. If land acquired by the director under this...

14-34-19-9. Public Hearing - Sec. 9. The director shall, when requested after appropriate public...

14-34-19-10. Transfer of Land to State Agency - Sec. 10. After restoration of the acquired land, the director...

14-34-19-11. Sale of Land With Governor's Approval - Sec. 11. (a) If retention of the land by the...

14-34-19-12. Liens - Sec. 12. (a) Within six (6) months after the completion...

14-34-19-13. Powers of Director - Sec. 13. (a) The director may do the following: (1)...

14-34-19-14. Plants for Controlling and Treating Water Pollution From Mine Drainage - Sec. 14. The director may construct and operate plants for...

14-34-19-15. Mine Land Reclamation Projects; Requirements - Sec. 15. (a) This section applies to the following: (1)...

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Indiana Code Title 14. Natural and Cultural Resources Article 34. Surface Coal Mining and Reclamation

Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation