reglab/housing_qa huggingface dataset:
IN Code § 14-34-4-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-2. Director's Required Notice of Application

Sec. 2. (a) The director shall give notice to the following:(1) Various local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies in the county in which the proposed surface coal mining operation will take place.(2) All federal or state governmental agencies with authority to issue permits and licenses applicable to the proposed surface coal mining and reclamation operation that are part of the permit coordinating process developed in accordance with IC 14-34-3-14.(3) Those agencies with an interest in the proposed operations, including the following:(A) The United States Department of Agriculture Natural Resources Conservation Service district office.(B) The local United States Army Corps of Engineers district engineer.(C) The National Park Service.(D) State and federal fish and wildlife agencies.(E) The historic preservation officer.(b) The notice required by subsection (a) must consist of the following:(1) The operator's intention to mine a particularly described tract of land.(2) The application's permit number.(3) Where a copy of the proposed surface coal mining and reclamation plan may be inspected.[Pre-1995 Recodification Citation: 13-4.1-4-1(b), (c).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-3. Comments Concerning Applications

Sec. 3. (a) The local bodies, agencies, authorities, or companies notified under section 2 of this chapter may, within thirty (30) days of notification, submit written comments concerning the permit applications with respect to the effect of the proposed surface coal mining operation on the environment in their area of responsibility.(b) The director shall immediately do the following:(1) Transmit the comments to the applicant.(2) Make the comments available to the public at the same locations that the permit applications are available.[Pre-1995 Recodification Citation: 13-4.1-4-1(d).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-4. Objections; Request for Informal Conference or Public Hearing

Sec. 4. (a) A person with an interest that is or may be adversely affected by a proposed surface coal mining operation or the officer or head of a federal, state, or local governmental agency or authority may:(1) file written objections to the proposed initial or revised application for a permit for surface coal mining and reclamation operation with the director; and(2) request an informal conference or a public hearing under section 6 of this chapter;within thirty (30) days after the last publication of the notice required by sections 1 and 2 of this chapter.(b) The request for an informal conference or public hearing must do the following:(1) State specifically the objections of the person requesting the conference.(2) If the person requesting the conference or public hearing is not the officer or head of a federal, state, or local governmental agency or authority, identify the interest of the person who is or may be affected by the proposed surface coal mining operation.(c) Upon receipt of an objection under subsection (a), the director shall immediately do the following:(1) Transmit the objections to the applicant.(2) Make the objections available to the public.[Pre-1995 Recodification Citation: 13-4.1-4-2(a).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|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 informal conference or a public hearing is requested, the director shall hold the conference or public hearing in the locality of the proposed surface coal mining operation within a reasonable time of receipt of the objections or request. The director shall advertise in a newspaper of general circulation in the county in which the proposed surface coal mining operation is located at least two (2) weeks before the scheduled conference or public hearing the date, time, and location of the conference or public hearing.(b) The director may arrange with the applicant, upon request by any party to the administrative proceeding, access to the proposed mining area for the purpose of gathering information relevant to the proceeding.(c) An electronic or a stenographic record shall be made of the conference or public hearing, unless waived by all parties. The director shall maintain the record and have the record accessible to the parties until final release of the applicant's performance bond.(d) The director may not hold the conference or public hearing if any of the following conditions exist:(1) All parties requesting the conference or public hearing stipulate agreement before the conference or public hearing and withdraw their request.(2) The request fails to comply with the requirements of section 4 of this chapter.(3) The objections do not concern a matter within the scope of this article or the commission's rules.[Pre-1995 Recodification Citation: 13-4.1-4-2(b).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-6. Conditions Requiring Public Hearing

Sec. 6. A public hearing shall be held on the proposed initial or revised application for a permit if any of the following conditions exist:(1) The applicant requests a public hearing under section 4 of this chapter.(2) A petition is filed with the director requesting a public hearing that is signed by at least twenty-five (25) individuals who are at least eighteen (18) years of age and who:(A) reside in the county where the permitted activity would take place; or(B) own real property within one (1) mile of the site of the proposed or existing permitted activity.(3) The director orders a public hearing.[Pre-1995 Recodification Citation: 13-4.1-4-2(c).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|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 "operator" includes the following:(1) The officers, partners, or directors of the applicant or operator.(2) The officers, partners, or directors of applicants or operators under IC 14-36-1.(b) The director may not issue a permit to an applicant if the director finds after a hearing conducted in accordance with IC 4-21.5-3 that the applicant or the operator specified in the application controls or has controlled surface coal mining operations with a demonstrated pattern of willful violations of:(1) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328);(2) this article or IC 13-4.1 (before its repeal);(3) IC 14-36-1 or IC 13-4-6 (before its repeal); or(4) any state statute enacted in response to P.L.95-87, the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328);of a nature and duration and with the resulting irreparable damage to the environment that indicates an intent not to comply with this article, IC 13-4.1 (before its repeal), IC 14-36-1, or IC 13-4-6 (before its repeal).[Pre-1995 Recodification Citation: 13-4.1-4-3(c).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-8.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-8.5. Exemptions for Unanticipated Events or Conditions

Sec. 8.5. The:(1) finding required by section 7(a)(6) of this chapter; and(2) prohibition on the issuance of a permit in section 8 of this chapter;do not apply to a violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligible for remining under a permit held by the applicant.As added by P.L.179-1995, SEC.4.
IN Code § 14-34-4-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-9. Mining of Prime Farmland

Sec. 9. (a) This section does not apply to an existing surface coal mining operation that held a valid permit on August 3, 1977, with continuous permits since that date.(b) In addition to finding the application in compliance with section 7 of this chapter, if the proposed mining area contains prime farmland under IC 14-34-3-3(16), the director shall, after consultation with the United States Secretary of Agriculture and under rules adopted by the commission, grant a permit to mine on prime farmland if the director finds in writing that the operator has the technological capability to restore the mined area, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in IC 14-34-10-2(b)(10).[Pre-1995 Recodification Citation: 13-4.1-4-3(d).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-10.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|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 a permit or for the revision or renewal of a permit under this article shall, to the extent not otherwise addressed in the permit application, make a good faith effort to identify potential problems that may result in an unanticipated event or condition.(b) An event or condition that arises despite substantial adherence to the applicable operation and reclamation plan may be considered unanticipated if it was not identified in the application for the governing permit.As added by P.L.179-1995, SEC.5.
IN Code § 14-34-4-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-11. Written Findings

Sec. 11. (a) If an informal conference or public hearing is held under section 5 of this chapter, the director shall furnish the applicant and all parties with written findings:(1) granting or denying the permit in whole or in part; and(2) stating the reasons for granting or denying the permit in whole or in part;within sixty (60) days of the conference or public hearing.(b) If the director does not take action on the permit application within sixty (60) days after the conference or public hearing, the applicant may do the following:(1) Consider the permit application disapproved.(2) Request a hearing under section 13 of this chapter.(c) The applicant may waive the time limits of this section.(d) If an informal conference or public hearing is not held under section 5 of this chapter, the director shall notify the applicant in writing within a reasonable time established by the commission by rule and taking into account:(1) the time needed for proper investigation of the site;(2) the complexity of the permit application; and(3) whether or not written objections to the application were filed;whether the application has been approved or disapproved in whole or in part.[Pre-1995 Recodification Citation: 13-4.1-4-4.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-12 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-12. Notification of Applicant of Director's Decision

Sec. 12. The director shall notify an applicant of the director's decision regarding the application. If the application is disapproved, the notification must set forth specific reasons for the application's disapproval.[Pre-1995 Recodification Citation: 13-4.1-4-5(a).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-13 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-13. Hearing on Reasons for Final Determination

Sec. 13. (a) Within thirty (30) days after an applicant is notified of the approval or disapproval of an application:(1) the applicant; or(2) any person with an interest that is or may be adversely affected;may request a hearing on the reasons for the final determination. The request must identify the person's interest that is or may be affected by the approval or disapproval of the application.(b) Upon receipt of a request for a hearing under subsection (a), the commission shall do the following:(1) Hold a hearing within thirty (30) days of the receipt of the request.(2) Notify the applicant and all interested parties of the time and place of the hearing.(3) Conduct the hearing and proceedings in accordance with IC 4-21.5. For all hearings and proceedings commenced after July 1, 1991, the commission is limited to the record before the director.(c) Within thirty (30) days after the hearing, the commission shall furnish:(1) the applicant; and(2) all persons who participated in the hearing;a written decision and state the reasons for the decision.[Pre-1995 Recodification Citation: 13-4.1-4-5(b), (c), (d).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-14 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-14. Issuance of Permit

Sec. 14. The director shall issue a permit if all of the following apply:(1) The application is approved.(2) The bonding requirements of IC 14-34-6 are met.(3) The thirty (30) day period specified under section 13(a) of this chapter has expired.[Pre-1995 Recodification Citation: 13-4.1-4-5.1.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-15 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-15. Permit Effective Upon Issuance

Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under section 14 of this chapter is effective upon issuance, unless a stay of the permit has been granted under section 17 of this chapter.[Pre-1995 Recodification Citation: 13-4.1-4-5.2.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-16 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-16. Notification of Permit Issuance

Sec. 16. (a) Within ten (10) days after a permit is issued, the director shall notify the following persons that a permit has been issued:(1) The local government officials in the county in which the area of land to be affected is located.(2) Each person identified in the permit application under IC 14-34-3-3(2).(3) Each person who has requested a hearing under section 6 of this chapter.(4) Each person who has requested such notice.(b) The notification must include a description of the land's location.[Pre-1995 Recodification Citation: 13-4.1-4-5.3.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-17 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-17. Temporary Relief Pending Final Determination

Sec. 17. If a hearing is requested under section 13 of this chapter, the commission may, under the conditions that the commission prescribes, grant appropriate temporary relief pending final determination of the proceedings if the following conditions are met:(1) All parties to the proceedings are notified and given an opportunity to be heard on a request for temporary relief.(2) The person requesting temporary relief shows a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding.(3) Temporary relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.[Pre-1995 Recodification Citation: 13-4.1-4-6.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-18 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-18. Conditions of Permit

Sec. 18. (a) Each permit issued by the director is subject to conditions imposed by the director. The conditions must include at a minimum a requirement for the operator to pay to the federal Office of Surface Mining all fees owed under 30 CFR Part 870.(b) The director may issue a permit subject to the condition that the permittee obtain or maintain in force other licenses or permits required for the surface coal mining and reclamation operation. However, the imposition of a condition under this subsection does not authorize or require the director to administer or enforce the requirements of any federal law or of any state law other than this article.[Pre-1995 Recodification Citation: 13-4.1-4-7.]As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.5.
IN Code § 14-34-5-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-1. Validity Permit

Sec. 1. (a) A permit issued under IC 14-34-4 is valid for five (5) years unless the director grants a longer period under subsection (c).(b) The director may issue a permit with a validity period exceeding five (5) years if the following conditions are met:(1) The applicant demonstrates that a specified longer period is reasonably needed to obtain necessary financing for equipment and the opening of the operation.(2) The application is full and complete for the specified longer period.(3) The application complies with:(A) the standards established by this article; or(B) the rules that the commission adopts.(c) If the director determines that a specified validity period exceeding five (5) years is warranted under subsection (b)(1), the director may issue a permit for the specified longer period.[Pre-1995 Recodification Citation: 13-4.1-5-1.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-5-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-2. Transferring, Assigning, or Selling Permit Rights

Sec. 2. (a) A permittee may not transfer, assign, or sell the rights granted under a permit without the written approval of the director.(b) A successor in interest to a permittee who:(1) applies for a new permit within thirty (30) days of succeeding to the interest; and(2) obtains the bond coverage of the original permittee;may continue the surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the successor's application is granted or denied.[Pre-1995 Recodification Citation: 13-4.1-5-2.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-5-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-3. Termination of Permit for Nonuse; Extension of Time

Sec. 3. (a) A permit terminates if the permittee has not commenced the surface coal mining and reclamation operations covered by the permit within three (3) years of the date of issuance of the permit. With respect to coal to be mined for use in a synthetic fuel facility or a specific major electric generating facility, the permittee's surface mining operation commences when construction of the synthetic fuel or generating facility is initiated.(b) The director may grant a reasonable extension of time to the requirement of subsection (a) upon a showing that an extension is necessary because of any of the following:(1) Litigation that:(A) precludes the commencement of operations; or(B) threatens substantial economic loss to the permittee.(2) Conditions:(A) beyond the control; and(B) without the fault or negligence;of the permittee.(c) If a coal lease is issued under the federal Mineral Leasing Act, as amended (30 U.S.C. 187, 193, 201, 203), extensions of time under subsection (b) may not extend beyond the period allowed for diligent development in accordance with the federal Mineral Leasing Act, as amended (30 U.S.C. 187, 193, 201, 203).[Pre-1995 Recodification Citation: 13-4.1-5-3.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-5-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-4. Renewal of Permit

Sec. 4. (a) A permittee may, within one hundred twenty (120) days before expiration of the current permit, apply to the director for renewal of a permit for a period not to exceed the validity period provided for in section 1 of this chapter.(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and IC 14-34-4-11, the director shall issue a renewal permit for the area within the existing permit unless it is established by opponents of the permit renewal and written findings are made by the director that any of the following conditions exist:(1) The terms and conditions of the existing permit were not satisfactorily met.(2) The present surface coal mining and reclamation operation does not comply with IC 14-34-10.(3) The renewal request substantially jeopardizes the operator's continuing responsibility on existing permit areas.(4) The operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for a renewal requested in the application as well as an additional bond the director requires under IC 14-34-6.(5) The permittee has not provided the director with required additional revised or updated information.(c) If an application for renewal of a valid permit includes a proposal to extend the surface coal mining and reclamation operation beyond the boundaries authorized in the existing permit, the part of the application for renewal that addresses new land areas is subject to the full standards applicable to new applications under this article.[Pre-1995 Recodification Citation: 13-4.1-5-4.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-5-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-5. Revision of Permit

Sec. 5. (a) During the term of the permit, the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the director. However, except for incidental boundary revisions, a new permit is required for any extensions to the permit area.(b) The director may not approve an application for a permit revision unless the director finds the following:(1) Reclamation required by this article can be accomplished under the revised reclamation plan.(2) The permittee has complied with:(A) IC 13-4.1-4 (before its repeal); or(B) IC 14-34-4.(c) The director shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures apply.[Pre-1995 Recodification Citation: 13-4.1-5-5.]As added by P.L.1-1995, SEC.27.