reglab/housing_qa huggingface dataset:
IN Code § 14-34-15-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-6. Ordered Cessation of Coal Mining and Reclamation Operations

Sec. 6. (a) As used in this section, "imminent danger to the health or safety of the public" means the existence of:(1) a condition;(2) a practice; or(3) a violation of a permit or other requirement of this article;in a surface coal mining and reclamation operation that could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation is abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the person to the danger during the time necessary for abatement.(b) If the director or inspector determines that:(1) a condition or practice exists or a violation of this article or the commission's rules has occurred that:(A) creates an imminent danger to the health or safety of the public; or(B) is reasonably expected to cause significant, imminent environmental harm to land, air, or water resources; or(2) the permittee has not abated the violation within the time set under section 5 of this chapter;the director shall order the cessation of surface coal mining and reclamation operations or the part relevant to the condition, practice, or violation. In the cessation order, the director shall determine the steps necessary to abate the violation in the most expeditious manner.(c) If the director or inspector finds that the ordered cessation of surface coal mining and reclamation operations, or any part, will not completely abate:(1) the imminent danger to health or safety of the public; or(2) the significant imminent environmental harm to land, air, or water resources;the director shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the director considers necessary to abate the imminent danger or the significant environmental harm.(d) The cessation order is effective for thirty (30) days after actual notice of the order is sent to the permittee unless:(1) the director determines the violation is abated;(2) the order is modified, vacated, or terminated under section 8 of this chapter; or(3) an informal public hearing is held in the county in which the surface coal mining and reclamation operation is located, in which case the effectiveness of the order may be more or less than thirty (30) days.(e) A cessation order issued under subsection (b) is effective when served upon the permittee.[Pre-1995 Recodification Citations: 13-4.1-1-3(4); 13-4.1-11-5.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-15-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-8. Notice or Order Requirements

Sec. 8. (a) The director or inspector, as appropriate, shall sign each written notice or order issued under this chapter and promptly deliver the notice or order to the permittee. The notice or order must set forth with particularity the following:(1) The nature of the violation.(2) The remedial action required.(3) The time established for abatement.(4) A reasonable description of the part of the surface coal mining and reclamation operation to which the notice or order applies.(b) The director may modify, vacate, or terminate a notice or order issued under:(1) this chapter; or(2) IC 13-4.1-11 (before its repeal).[Pre-1995 Recodification Citation: 13-4.1-11-7.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-15-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-10. Costs and Expenses

Sec. 10. Whenever an order is issued:(1) under this chapter or under IC 13-4.1-11 (before its repeal); or(2) as a result of an administrative proceeding under this article or under IC 13-4.1 (before its repeal) instituted at the request of a person;the court, resulting from judicial review, or the commission may assess against either party to the proceeding an amount of money, determined by the commission, equal to the aggregate amount of all costs and expenses, including attorney's fees, reasonably incurred by the person for or in connection with the person's participation in the proceedings, including any judicial review of agency actions.[Pre-1995 Recodification Citation: 13-4.1-11-9.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-15-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-11. Injunctions; Restraining Orders; Other Orders

Sec. 11. The director may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, in an appropriate court in the county in which the surface coal mining and reclamation operation is located if a person does any of the following:(1) Violates or fails or refuses to comply with an order issued by the director under:(A) IC 13-4.1 (before its repeal); or(B) this article.(2) Interferes with, hinders, or delays the director in carrying out this article.(3) Refuses the director admittance to the person's surface coal mining and reclamation operation.(4) Refuses to permit the director to inspect the person's surface coal mining and reclamation operation.(5) Refuses to furnish any information or report requested by the director under this article.(6) Refuses to permit access to and copying of any records that the director considers necessary to carry out this article.[Pre-1995 Recodification Citation: 13-4.1-11-10.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-15-13 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-13. Violations at Surface Mining Site; Citations

Sec. 13. (a) A person who is or may be adversely affected by a surface mining operation may notify the director or any representative of the director responsible for conducting the inspection, in writing, of a violation of this article that the person has reason to believe exists at the surface mining site.(b) The commission shall by rule establish procedures for informal review of a refusal by a representative of the director to issue a citation with respect to such an alleged violation.(c) The director shall furnish the person requesting the review a written statement of the reasons for the director's final disposition of the case.[Pre-1995 Recodification Citation: 13-4.1-11-11(g).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-15-14 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-14. Inspections

Sec. 14. (a) The commission shall by rule establish procedures to ensure that adequate and complete inspections are made.(b) A person may notify the director of a failure to make an inspection, after which the director shall determine whether an adequate and complete inspection has been made.(c) The director shall furnish the person a written statement of the reasons for the director's determination that an adequate and complete inspection has or has not been conducted.[Pre-1995 Recodification Citation: 13-4.1-11-11(h).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-15-15 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-15. Action for Damages

Sec. 15. (a) A person whose person or property is injured through the violation by an operator of a rule, an order, or a permit issued under:(1) IC 13-4.1 (before its repeal); or(2) this article;may bring an action for damages, including reasonable attorney's and expert witness fees. The action must be brought in the circuit or superior court with jurisdiction in the county in which the surface coal mining operation complained of is located.(b) This section does not affect the rights established by or limits imposed under IC 22-3-1 and IC 22-3-2.[Pre-1995 Recodification Citation: 13-4.1-11-11(i).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-15-16 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 15. Inspections, Monitoring, and Enforcement|14-34-15-16. Intervention

Sec. 16. A person subject to this article who:(1) is entitled to request a hearing under IC 4-21.5-3; or(2) has an interest that may be adversely affected by the outcome of a hearing under IC 4-21.5-3;may intervene in the hearing.[Pre-1995 Recodification Citation: 13-4.1-11-12.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-1. Civil Penalties; Violations

Sec. 1. (a) The director:(1) may, after an opportunity for a public hearing under IC 4-21.5-3, assess a civil penalty on a permittee who violates:(A) this article; or(B) IC 13-4.1 (before its repeal); and(2) shall, if the director has issued a cessation order for the violation to the permittee, assess a civil penalty.(b) The civil penalty assessed under this section may be in an amount of not more than five thousand dollars ($5,000) for each violation.(c) If an operator fails to correct a violation for which a notification has been issued under:(1) IC 13-4.1-11-4 (before its repeal); or(2) IC 14-34-15-5;in the allotted time for correction, the director may, if a civil penalty is assessed, assess a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the failure or violation continues.(d) The time for correction of a violation does not end until the entry of:(1) a final order by the director, for review proceedings initiated by the operator if the director orders, after an expedited hearing, the suspension of the abatement requirements of the citation based upon a determination that the operator will suffer irreparable loss or damage from the application of those requirements; or(2) an order of the court, for review proceedings initiated by the operator if the court orders the suspension of the abatement requirements of the citation.[Pre-1995 Recodification Citation: 13-4.1-12-1(a), (b) part.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-2. Amount of Penalty

Sec. 2. In determining the amount of a civil penalty under section 1 of this chapter, the director shall consider the following:(1) The permittee's history of previous violations at the surface coal mining and reclamation operation.(2) The seriousness of the violation, including any irreparable harm to the environment and hazard to the health and safety of the public.(3) The permittee's negligence.(4) The demonstrated good faith of the permittee to achieve rapid compliance after notification of the violation.[Pre-1995 Recodification Citation: 13-4.1-12-1(b) part.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-3. Each Day Considered Separate Violation

Sec. 3. Each day in violation of:(1) IC 13-4.1 (before its repeal); or(2) this article;may be considered a separate violation for purposes of assessing a civil penalty.[Pre-1995 Recodification Citation: 13-4.1-12-1(c).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-4. Order to Pay Penalty; Hearing

Sec. 4. (a) Upon the issuance of a notice or an order charging that a violation of IC 13-4.1 (before its repeal) or this article has occurred, the director shall, within thirty (30) days, do the following:(1) Inform the permittee of the amount of penalty assessed.(2) Issue an order to the permittee to pay the penalty.(b) The permittee has thirty (30) days from receipt of the order to:(1) pay the penalty; or(2) request a hearing to contest the amount.(c) If the permittee requests a hearing, the permittee shall forward an amount equal to the assessed penalty to the director, who shall place the amount in an escrow account. A permittee who desires to contest the violation or amount of penalty assessed but fails to forward the amount to the director waives all legal rights to contest the violation or amount of penalty assessed.(d) The commission:(1) shall conduct the hearing in accordance with IC 4-21.5-3; and(2) may consolidate this hearing with a hearing conducted under IC 14-34-15 if appropriate.(e) If it is determined at the hearing that the civil penalty is appropriate, the commission shall issue to the permittee a written decision and an order to pay the penalty within thirty (30) days of receipt of the order.(f) If, through administrative or judicial review of the assessed penalty:(1) it is determined that a violation did not occur; or(2) the amount of penalty is reduced;the director shall, within thirty (30) days of the decision, remit the appropriate amount to the permittee with interest at the rate of eight percent (8%) per year.[Pre-1995 Recodification Citation: 13-4.1-12-1(d).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-5. Action by Attorney General to Recover Civil Penalties Owed

Sec. 5. The director may request the attorney general to institute an action in an appropriate court in the county in which the permittee's surface coal mining and reclamation operation is located for recovery of civil penalties owed under this article.[Pre-1995 Recodification Citation: 13-4.1-12-1(e).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-6. Criminal Violations

Sec. 6. (a) A person who:(1) knowingly violates:(A) a condition of a permit issued under:(i) IC 13-4.1 (before its repeal); or(ii) this article;(B) this article; or(C) an order issued under:(i) IC 13-4.1 (before its repeal); or(ii) this article; or(2) knowingly makes a false statement, representation, or certification in an application, a record, a report, a plan, or other document filed with or required to be maintained by the director;commits a Class A misdemeanor.(b) A person who:(1) violates subsection (a); or(2) discloses confidential information to an unauthorized person;is subject to IC 14-34-15-5, IC 14-34-15-6, or sections 1 through 5 of this chapter, as appropriate.(c) If a person violates subsection (a), the person's application for a permit may be denied.[Pre-1995 Recodification Citation: 13-4.1-12-2.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-7. Interference With Director in Performance of Director's Duties

Sec. 7. A person who willfully resists, prevents, impedes, or interferes, except as otherwise provided by law, with the director or the director's representative in the performance of duties under this article commits a Class A misdemeanor.[Pre-1995 Recodification Citation: 13-4.1-12-3.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-8. Violations of Permit and Noncompliance by Corporate Permittee

Sec. 8. If a corporate permittee:(1) violates a condition of a permit issued under this article; or(2) fails or refuses to comply with an order issued by the director;a director, an officer, or an agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal is subject to the same penalties under sections 1 through 6 of this chapter that are imposed on an individual permittee.[Pre-1995 Recodification Citation: 13-4.1-12-4.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-16-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 16. Penalties|14-34-16-9. Penalties Deposited in Fund

Sec. 9. All civil penalties collected under this chapter shall be deposited in the post-1977 abandoned mine reclamation fund established by IC 14-34-6-15.[Pre-1995 Recodification Citation: 13-4.1-12-6.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-17-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|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 is subject to judicial review under IC 4-21.5-5. The availability of judicial review under this chapter does not limit the operation of rights under IC 14-34-15-12 through IC 14-34-15-15.[Pre-1995 Recodification Citation: 13-4.1-13-1.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-17-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 17. Judicial Review|14-34-17-2. Judicial Review Not Stay of Action

Sec. 2. The commencement of a judicial review proceeding under this chapter does not operate as a stay of the action, order, or decision of the director or the commission.[Pre-1995 Recodification Citation: 13-4.1-13-2.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-17-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 17. Judicial Review|14-34-17-3. Temporary Relief

Sec. 3. Pending final determination of the judicial review proceeding, the court may grant temporary relief if the following conditions are met:(1) All parties to the proceedings were:(A) notified; and(B) given an opportunity to be heard on a request for temporary relief.(2) The person requesting the relief shows a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding.(3) The temporary relief will not:(A) adversely affect the public health or safety; or(B) cause significant imminent environmental harm to land, air, or water resources.[Pre-1995 Recodification Citation: 13-4.1-13-3.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-18-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|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:(1) Land on which surface coal mining operations were conducted:(A) on August 3, 1977; or(B) under a permit issued under:(i) IC 13-4.1 (before its repeal); or(ii) this article.(2) Land where substantial legal and financial commitments in a surface coal mining operation were in existence before January 4, 1977.[Pre-1995 Recodification Citation: 13-4.1-14-5.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-18-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 18. Designation of Land Unsuitable for Surface Coal Mining|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 financial commitments in a surface coal mining operation" means significant investments that have been made on the basis of a long term coal contract in power plants, railroads, coal handling facilities, preparation facilities, extraction facilities, or storage facilities and other capital intensive activities, such as the following:(1) Improvement or modification of coal land within, for access to, or in support of surface coal mining and reclamation operations.(2) Acquisition of capital equipment for use in, for access to, or for use in support of surface coal mining and reclamation operations.[Pre-1995 Recodification Citation: 13-4.1-1-3(10.5).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-18-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 18. Designation of Land Unsuitable for Surface Coal Mining|14-34-18-4. Petition to Director

Sec. 4. (a) A person with an interest that is or may be adversely affected may petition the director to:(1) designate an area as unsuitable for surface coal mining operations; or(2) have the designation terminated.The petition must contain allegations of facts with supporting evidence that tends to establish the allegations.(b) Within ten (10) months after receipt of a petition, the director shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of the hearing. A person may intervene by filing allegations of facts with supporting evidence that tends to establish the allegations after the petition is filed and before the hearing.(c) Within sixty (60) days after the hearing, the director shall issue and furnish to the petitioner and any other party to the hearing a written decision regarding the petition and the reasons for the decision.(d) The director is not required to hold a hearing if all the petitioners do the following:(1) Stipulate agreement before the requested hearing.(2) Withdraw the request.[Pre-1995 Recodification Citation: 13-4.1-14-2.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-18-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 18. Designation of Land Unsuitable for Surface Coal Mining|14-34-18-5. Statement by Director

Sec. 5. Before designating a land area as unsuitable for surface coal mining operations, the director shall prepare a detailed statement on the following:(1) The potential coal resources of the area.(2) The demand for coal resources.(3) The impact of the designation on the following:(A) The environment.(B) The economy.(C) The supply of coal.[Pre-1995 Recodification Citation: 13-4.1-14-3.]As added by P.L.1-1995, SEC.27.