reglab/housing_qa huggingface dataset:
IN Code § 14-34-5-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-7. Change in Reclamation Plan; Approval

Sec. 7. (a) A change in mining or reclamation operations from the approved mining and reclamation plans that would adversely affect the permittee's compliance with this article is a permit revision subject to review and approval as provided in this section and sections 8 through 8.4 of this chapter.(b) A permit revision is either:(1) a significant revision subject to sections 8 and 8.1 of this chapter;(2) a nonsignificant revision subject to sections 8.2 and 8.3 of this chapter; or(3) a minor field revision subject to section 8.4 of this chapter.(c) Permit revisions may be approved by:(1) the director; or(2) the director's designated representative.(d) A permit revision may not be approved unless the permittee demonstrates and the director or the director's designated representative finds the following:(1) That reclamation as required by this article and by the rules adopted by the commission under IC 14-34-2-1 can be accomplished.(2) That applicable requirements of IC 14-34-4-7 that are pertinent to the permit revision are met.(3) That the permit revision complies with all applicable requirements of this article and the rules adopted by the commission under IC 14-34-2-1.[Pre-1995 Recodification Citation: 13-4.1-5-5.2.]As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.6.
IN Code § 14-34-5-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-8. Revision of Permit; Notice and Hearing Requirements

Sec. 8. (a) Unless an application for revision of a permit submitted under section 5 of this chapter is based only on nonsignificant revisions or minor field revisions, the application may be approved only after the notice and hearing requirements of this article for issuance of a permit have been fulfilled.(b) The director may impose other conditions for approval of the application.[Pre-1995 Recodification Citation: 13-4.1-5-5.3.]As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.7.
IN Code § 14-34-5-8.1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-8.1. Significant Revision; Determination

Sec. 8.1. For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is significant if any of the following conditions exists:(1) The changes may result in an adverse impact beyond that previously considered, affecting cultural resources that are listed on or eligible to be listed on:(A) the National Register of Historic Places; or(B) the register of Indiana historic sites and historic structures established under IC 14-21-1.(2) Blasting will be used in a manner that is likely to cause adverse impacts beyond that previously considered to persons or property outside the permit area.(3) The changes may result in an adverse impact beyond that previously considered, affecting a water supply to which IC 14-25-4 applies.(4) The changes:(A) require the identification, disturbance, or handling of toxic forming or acid forming materials different from those previously considered; and(B) have the potential for causing an additional impact not previously considered.(5) The changes may result in an adverse impact on fish, wildlife, and related environmental values beyond that previously considered.(6) The addition of:(A) a coal processing facility; or(B) a permanent support facility;is proposed, and the addition of the facility will cause an impact not previously considered, except that the addition of a temporary coal processing facility used exclusively for crushing and screening need not be considered a significant revision.(7) The changes will cause:(A) a new or an updated probable hydrologic consequences determination; or(B) a cumulative hydrologic impact analysis to be required under IC 14-34-3-3.(8) A postmining land use will be changed to any of the following:(A) A residential land use.(B) A commercial or industrial land use.(C) A recreational land use.(D) Developed water resources as defined in rules adopted by the commission under IC 14-34-2-1 that meet the size criteria of 30 CFR 77.216(a).As added by P.L.75-1998, SEC.8. Amended by P.L.1-1999, SEC.41.
IN Code § 14-34-5-8.2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-8.2. Nonsignificant Revision; Determination

Sec. 8.2. For purposes of sections 7, 8, and 8.3 of this chapter, a proposed permit revision is nonsignificant if any of the following conditions exist:(1) For surface mines, changes of the:(A) direction of mining; or(B) location of mining equipment;within the permit area.(2) The substitution of mining equipment designed for the same purpose, the use of which is not detrimental to the achievement of final reclamation or subsidence control.(3) For underground mines, any change in the direction or location of mining within the permit area or shadow area in response to unanticipated events.(4) A postmining land use change other than a change described in section 8.1(8) of this chapter.(5) Any other change in the mining or reclamation plan that the director reasonably determines:(A) will not have a significant effect:(i) on the achievement of final reclamation plans under IC 14-34-3-12;(ii) on subsidence control plans; and(iii) on the surrounding area;(B) does not involve significant delay in achieving final reclamation or significant change in the land use; or(C) is necessitated by unanticipated and unusually adverse weather conditions, other acts of God, strikes, or other causes beyond the reasonable control of the permittee, if all steps specified by the director to maximize environmental protection are taken.As added by P.L.75-1998, SEC.9.
IN Code § 14-34-5-8.3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-8.3. Review and Approval of Nonsignificant Revisions

Sec. 8.3. A nonsignificant revision in a mining or reclamation plan must be:(1) reviewed; and(2) approved in writing;by the director before it may be implemented.As added by P.L.75-1998, SEC.10.
IN Code § 14-34-5-8.4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-8.4. Minor Field Revision; Determination and Approval

Sec. 8.4. (a) For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is a minor field revision if the proposed change:(1) does not require technical review or design analysis; and(2) is capable of being evaluated in the field by the director's designated delegate for compliance with the requirements of section 7(d) of this chapter.(b) A minor field revision may be approved by a field inspector in an inspection report or on a form signed in the field.(c) A minor field revision approved under this section:(1) must be properly documented and separately filed; and(2) may include the following:(A) Soil stockpile location and configurations.(B) As-built pond certifications.(C) Minor transportation facilities changes.(D) Any of the following for a pond:(i) Depth.(ii) Shape.(iii) Orientation.(E) An area for temporary drainage control or temporary water storage.(F) Equipment changes.(G) Explosive storage areas.(H) Minor mine management or support facility locations (except for the disposal or storage of refuse).(I) Adding United States Natural Resources Conservation Service conservation practices.(J) Methods of erosion protection on diversions.(K) Temporary cessation of mining.(L) Minor diversion location changes.As added by P.L.75-1998, SEC.11.
IN Code § 14-34-5-8.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-8.5. Application for Extension of Area Covered by Permit

Sec. 8.5. An extension of the area covered by a permit, except for an incidental boundary revision under section 8.6 of this chapter, must be made by applying for a new permit.As added by P.L.75-1998, SEC.12.
IN Code § 14-34-5-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-9. Review of Outstanding Permits

Sec. 9. The director shall, within a time prescribed by rule, review outstanding permits. The director may require reasonable revision or modification of the permit provisions during the term of the permit if the revision or modification is based upon a written finding and is subject to the notice and hearing requirements established by IC 14-34-4.[Pre-1995 Recodification Citation: 13-4.1-5-6.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-5-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-10. Annual Report

Sec. 10. A permittee must submit to the department an annual report that reflects the status of the permittee's mining and reclamation activities for each permit. The form, content, and date of filing of the report required by this section shall be prescribed by rule adopted under IC 4-22-2.[Pre-1995 Recodification Citation: 13-4.1-5-7.]As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.5.
IN Code § 14-34-5-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 5. Permit Terms|14-34-5-11. Suspension or Revocation of Permit

Sec. 11. The director may suspend or revoke the permit of a permittee that does not revise a permit as required by the director before the expiration of the time fixed to effect the revision.[Pre-1995 Recodification Citation: 13-4.1-5-8.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-1. Bond Requirements

Sec. 1. (a) After a surface coal mining and reclamation permit application is approved but before the permit is issued, the applicant must file with the director, on a form prescribed and furnished by the director, a bond for performance payable to the state and conditional upon faithful performance of all the requirements of this article and of the permit. The bond must cover the area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit.(b) As succeeding increments of surface coal mining and reclamation operations are initiated and conducted within the permit area, the permittee must file with the director an additional bond to cover those increments in accordance with this chapter.(c) If a permittee files a bond that becomes unacceptable under section 4 of this chapter, the permittee must file an acceptable bond as required by the director.[Pre-1995 Recodification Citation: 13-4.1-6-1.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-2. Bond Amount

Sec. 2. (a) The director shall determine the amount of the bond required for each bonded area. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the director if forfeiture occurs. However, the bond amount may not be less than ten thousand dollars ($10,000).(b) In making a determination of bond amount, the director shall consider the following:(1) The reclamation requirements of the approved permit.(2) The probable difficulty of reclamation due to factors such as the following:(A) Topography.(B) Geology of the site.(C) Hydrology.(D) Revegetation potential.(3) The history of mining and reclamation activities of the applicant.[Pre-1995 Recodification Citation: 13-4.1-6-2.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-3. Liability Under Bond

Sec. 3. Liability under the bond extends for:(1) the duration of the surface coal mining and reclamation operation; and(2) a period coincident with the operator's responsibility for revegetation requirements in IC 14-34-10.[Pre-1995 Recodification Citation: 13-4.1-6-3.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-4. Execution of Bond

Sec. 4. The operator and a corporate surety:(1) licensed to do business in Indiana; and(2) recognized by the treasurer of state as holding a certificate of authority from the United States Department of the Treasury as an acceptable surety on federal bonds;shall execute the bond.[Pre-1995 Recodification Citation: 13-4.1-6-4.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-5. Options Instead of Bond

Sec. 5. (a) Instead of a bond, an operator may elect to deposit:(1) cash;(2) negotiable bonds of the United States government or of Indiana; or(3) negotiable certificates of deposit or letters of credit of a bank organized or transacting business in the United States;in an amount or that has a market value equal to or greater than the amount of the bond required for the bonded area under the same terms and conditions upon which surety bonds are deposited.(b) In the alternative, the director may accept the applicant's own bond without separate surety if the applicant demonstrates to the satisfaction of the department under IC 14-34-7 the following:(1) The existence of a suitable agent to receive service of process.(2) A history of financial solvency and continuous operation sufficient for authorization to self insure or bond the amount.[Pre-1995 Recodification Citation: 13-4.1-6-5.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-6. Adjustment of Bond or Deposit Amount

Sec. 6. The director shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond periodically as:(1) affected land acreages are increased or decreased;(2) changes occur in the cost of future reclamation; or(3) significant changes occur in the history of the mining and reclamation activities of the applicant.[Pre-1995 Recodification Citation: 13-4.1-6-6.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-7. Release of Bond or Deposit; Publication of Notice

Sec. 7. (a) After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or deposit. As part of the bond release application, the permittee must do the following:(1) Submit copies of letters that the permittee has sent by certified mail to:(A) adjoining property owners;(B) local government bodies;(C) planning agencies;(D) sewage and water treatment authorities; or(E) water companies;in the county in which the surface coal mining and reclamation operation is located notifying the entities of the bond release application.(2) Within thirty (30) days after filing the bond release application, submit a copy of an advertisement placed at least one (1) time a week for four (4) successive weeks in a newspaper of general circulation in the county in which the surface coal mining and reclamation operation is located. The advertisement must contain the following:(A) A notification of the precise location of the land affected.(B) The number of acres.(C) The permit and the date of approval.(D) The amount of the bond filed and the part sought to be released.(E) The type and appropriate dates of reclamation work performed.(F) A description of the results achieved relating to the operator's approved reclamation plan.(b) The director may initiate an application for the release of a bond. If a bond release application is initiated by the director, the department shall perform the notification and certification requirements otherwise imposed on the permittee under this section and section 8 of this chapter. However, the department may provide notice by publication under subsection (a)(2):(1) with each publication of notice in the newspaper described in subsection (a)(2); or(2) with the first publication of notice in the newspaper described in subsection (a)(2) and the three (3) subsequent publications of notice:(A) in accordance with IC 5-3-5; and(B) on the official web site of the county in which the surface coal mining and reclamation operation is located.[Pre-1995 Recodification Citation: 13-4.1-6-7(a).]As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.26; P.L.152-2021, SEC.24.
IN Code § 14-34-6-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-8. Bond Release Application; Notification

Sec. 8. If an application for total or partial bond release is filed with the director, the director shall notify appropriate:(1) local governmental bodies;(2) planning agencies;(3) sewage and water treatment authorities; or(4) water companies;in the county in which the surface coal mining operation is located by certified mail at least thirty (30) days before the release of all or a part of the bond.[Pre-1995 Recodification Citation: 13-4.1-6-7(b).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-9. Inspection and Evaluation

Sec. 9. Within thirty (30) days of receipt of a bond release application, the director shall conduct an inspection and evaluation of the reclamation work involved. The evaluation must include the following:(1) The degree of difficulty to complete a remaining reclamation.(2) Whether pollution of surface and subsurface water is occurring.(3) The probability of continuance or future occurrence of the pollution.(4) The estimated cost of abating the pollution.[Pre-1995 Recodification Citation: 13-4.1-6-7(c).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-6-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-10. Written Objections; Request for Public Hearing

Sec. 10. (a) This section applies to the following:(1) A person with a legal interest that might be adversely affected by release of a bond.(2) The responsible officer or head of a federal, state, or local governmental agency that:(A) has jurisdiction by law or special expertise with respect to an environmental, a social, or an economic impact involved in the operation; or(B) may develop and enforce environmental standards with respect to those operations.(b) A person described in subsection (a) may do the following:(1) File written objections to the proposed release from bond with the director.(2) Request a public hearing within thirty (30) days after the last publication of the notice required by section 7 of this chapter.[Pre-1995 Recodification Citation: 13-4.1-6-7(d).]As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.27.
IN Code § 14-34-6-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-11. Public Hearing

Sec. 11. (a) If written objections are filed and a hearing requested under section 10 of this chapter, the director shall do the following:(1) Inform all the interested parties of the date, time, and location of the hearing.(2) Publish notice of the information one (1) time each week for two (2) consecutive weeks:(A) with each publication of notice in a newspaper of general circulation in the county where the surface coal mining and reclamation operation proposed for bond release is located; or(B) with the first publication of notice in the newspaper described in clause (A) and the second publication of notice:(i) in accordance with IC 5-3-5; and(ii) on the official web site of the county where the surface coal mining and reclamation operation proposed for bond release is located.(b) The director shall hold the public hearing in accordance with IC 14-34-4-5:(1) in the county where the surface coal mining and reclamation operation proposed for bond release is located; or(2) at the state capital;at the option of the objector, within thirty (30) days of the request for the hearing.(c) At a hearing held under this section, the director may inspect the land affected and other surface coal mining operations carried on by the applicant in the vicinity.(d) The director shall notify the permittee in writing of the decision and findings of the hearing within thirty (30) days of the completion of the hearing.(e) The director's decision is subject to IC 4-21.5.[Pre-1995 Recodification Citation: 13-4.1-6-7(e).]As added by P.L.1-1995, SEC.27. Amended by P.L.152-2021, SEC.25.
IN Code § 14-34-6-12 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 6. Bonding|14-34-6-12. Informal Conference

Sec. 12. Without prejudice to the rights of the objectors under section 10 of this chapter or the applicant, the director may provide for an informal conference to resolve the written objections.[Pre-1995 Recodification Citation: 13-4.1-6-7(f).]As added by P.L.1-1995, SEC.27.