reglab/housing_qa huggingface dataset:
IN Code § 14-34-1-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 1. General Provisions|14-34-1-2. Exemptions From Article

Sec. 2. This article does not apply to any of the following activities:(1) The extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.(2) The extraction of coal as an incidental part of federal, state, or local government financed highway or other construction under rules established by the commission.[Pre-1995 Recodification Citation: 13-4.1-1-4.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-1-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 1. General Provisions|14-34-1-3. Purpose of Article

Sec. 3. It is the purpose of this article to do the following:(1) Implement and enforce the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).(2) Establish a statewide program to protect society and the environment from the adverse effects of surface coal mining operations.(3) Assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are fully protected from surface coal mining operations.(4) Assure that surface mining operations are not conducted where reclamation as required by this article is not feasible.(5) Assure that surface coal mining operations are conducted so as to protect the environment.(6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations.(7) Assure that the coal supply essential to the nation's energy requirements and economic and social well-being is provided and strike a balance between protection of the environment and agricultural productivity and the nation's need for coal as an essential source of energy.(8) Promote the reclamation of mined areas left without adequate reclamation before August 3, 1977, and that continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.(9) Assure that appropriate procedures are provided for the public participation in the development, revision, and enforcement of regulations, standards, reclamation plans, or programs established by the state.(10) Wherever necessary, exercise the full reach of state constitutional powers to ensure the protection of the public interest through effective control of surface coal mining operations.[Pre-1995 Recodification Citation: 13-4.1-1-2.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-1-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 1. General Provisions|14-34-1-4. Requirements Less Stringent Than Federal Requirements

Sec. 4. (a) It is the purpose of this article to establish requirements that are not more stringent than the requirements required to meet the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).(b) The director and the commission may not adopt a rule under this article that is more stringent than corresponding provisions under the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).[Pre-1995 Recodification Citation: 13-4.1-1-5.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-1-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 1. General Provisions|14-34-1-5. Limitations on Administrative Law Judge

Sec. 5. Notwithstanding IC 4-21.5-3-25(d), under this article an administrative law judge may not impose conditions upon the participation or testimony of a party or limit discovery, cross-examination, or argument that would cause implementation of this article to be inconsistent with or not in accordance with the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).[Pre-1995 Recodification Citation: 13-4.1-1-8.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-2-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 2. Regulatory Authority|14-34-2-1. Adoption of Rules and Performance of Duties

Sec. 1. The commission shall do the following:(1) Adopt rules under IC 4-22-2 that do the following:(A) Effectuate the purposes of this article.(B) Take into account the following:(i) The terrain, climate, biologic, chemical, and other physical conditions in those areas of Indiana where surface coal mining operations may occur.(ii) Land use considerations of the state and the state's political subdivisions.(2) Perform all other duties required under this article.[Pre-1995 Recodification Citation: 13-4.1-2-1(a).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-2-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 2. Regulatory Authority|14-34-2-2. Administrative Law Judges; Hearing Officer

Sec. 2. (a) The commission shall appoint the following:(1) An administrative law judge to conduct proceedings under IC 4-21.5. An administrative law judge is subject to IC 14-10-2-2.(2) A hearing officer to conduct proceedings under IC 4-22-2.(b) An administrative law judge is the ultimate authority for the department for any administrative review proceeding under this article, except for the following:(1) Proceedings concerning the approval or disapproval of a permit application or permit renewal under IC 14-34-4-13.(2) Proceedings for suspension or revocation of a permit under IC 14-34-15-7.(3) Proceedings consolidated with the office of environmental adjudication under IC 14-10-2-2.5.(c) An order made by an administrative law judge granting or denying temporary relief from a decision of the director is a final order of the department.(d) Judicial review of a final order made by an administrative law judge under subsection (b) or (c) or under IC 13-4.1-2-1(c) or IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.[Pre-1995 Recodification Citation: 13-4.1-2-1(b), (c), (d), (e).]As added by P.L.1-1995, SEC.27. Amended by P.L.84-2008, SEC.5.
IN Code § 14-34-2-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 2. Regulatory Authority|14-34-2-3. Duties of Director

Sec. 3. The director shall do the following:(1) Supervise the administration and enforcement of the following:(A) This article.(B) The rules adopted under this article.(2) Conduct the necessary investigations and inspections for the proper administration of this article.(3) Order a person who does not hold a valid permit to conduct operations governed by this article to cease those operations and reclaim the area affected to the standards required by this article.(4) Order compliance with the following:(A) The terms of a permit issued under this article.(B) This article.(5) Have access to all areas under application for a permit or under a permit issued under this article and without liability to the operator or the property owner.(6) Submit to a federal or state agency each report required to be submitted to that agency by law, rule, or regulation and include the information in the report that the agency requires.(7) Develop a policy and procedures manual to standardize the implementation of this article. The manual shall be distributed to all individuals who implement or enforce this article.(8) Do all things necessary to implement this article.[Pre-1995 Recodification Citations: 13-4.1-2-2(a); 13-4.1-2-2.5.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-2-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 2. Regulatory Authority|14-34-2-4. Powers of Director

Sec. 4. (a) The director may do the following:(1) Apply for, accept, and use money from any legal source to aid in carrying out the purposes of this article.(2) Conduct research related to coal mining activities.(3) Collect and distribute information relating to mining activities.(4) Engage in cooperative projects with an agency of the United States or of a state to carry out the purposes of this article.(5) Request the attorney general to maintain an action in the name of the state in the appropriate court to restrain interference with the exercise of the right to enter or conduct work on any premises as provided by this article.(6) With the approval of the governor, acquire and transfer land or transfer jurisdiction of the land to a state agency that can best use the land for public purposes.(7) Submit to the federal Office of Surface Mining a formal state program amendment, subject to subsection (b).(b) The director may submit a formal amendment to the state program for the regulation of surface coal mining and reclamation to the federal Office of Surface Mining only after the provisions of the amendment:(1) have been approved by the governor; or(2) have become law.[Pre-1995 Recodification Citation: 13-4.1-2-2(b).]As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.3.
IN Code § 14-34-2-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 2. Regulatory Authority|14-34-2-5. Delegation of Powers and Duties

Sec. 5. The director may delegate any powers and duties assigned to the director in this article to other employees of the department.[Pre-1995 Recodification Citation: 13-4.1-2-2(c).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-2-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 2. Regulatory Authority|14-34-2-6. Financial Interest

Sec. 6. (a) An employee of the department who has a duty under this article may not have a direct or an indirect financial interest in a surface coal mining operation.(b) In addition to the filings required under IC 35-44.1, each member of the commission shall file annually with the director a statement of employment and financial interest on a form prescribed by the department.(c) A member of the commission may not participate in a proceeding that may affect the member's direct or indirect financial interests.(d) A person who knowingly violates this section commits a Class A misdemeanor.[Pre-1995 Recodification Citation: 13-4.1-2-3.]As added by P.L.1-1995, SEC.27. Amended by P.L.126-2012, SEC.35.
IN Code § 14-34-2-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 2. Regulatory Authority|14-34-2-7. Petition for Adoption, Amendment, or Repeal of a Rule

Sec. 7. (a) After the commission has adopted rules as required by section 1 of this chapter, any person may petition the commission to initiate a proceeding for the adoption, amendment, or repeal of a rule adopted to enforce this article.(b) The petition must set forth facts that the petitioner claims necessitate the adoption, amendment, or repeal of the rule described in subsection (a).(c) The petition must specify the petitioner's proposed adoption, amendment, or repeal of a rule.(d) Upon receipt of the petition, the commission may conduct any necessary investigations and hold a public hearing that is not subject to IC 4-21.5 to determine whether the petition should be granted. The commission may not hold a public hearing if the petition is incomplete.(e) Within ninety (90) days of receipt of the petition, the commission shall either grant or deny the petition. If the petition is granted, the commission shall adopt, amend, or repeal the rule under IC 4-22-2. The commission shall send written notice to the petitioner setting forth the reasons for granting or denying the petition.[Pre-1995 Recodification Citation: 13-4.1-2-4.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-1. Mining Without Permit

Sec. 1. A person may not open, develop, or operate a new or previously mined or abandoned site for surface coal mining operations in Indiana without holding a valid surface coal mining and reclamation permit.[Pre-1995 Recodification Citation: 13-4.1-3-1.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-2. Form Prescribed by Director

Sec. 2. A person must make application for a surface coal mining and reclamation permit to the director on a form prescribed by the director.[Pre-1995 Recodification Citation: 13-4.1-3-2(a).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|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 chapter pertaining to coal seams, test borings, core samplings, or soil samples is available for inspection by any person with an interest that is or may be adversely affected by the surface coal mining and reclamation operation. However, the information that pertains only to the analysis of the chemical and physical properties of the coal, except information concerning a mineral or elemental content that is potentially toxic in the environment and the nature and location of archeological resources on public land and Indian land as required under the federal Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), is confidential.[Pre-1995 Recodification Citation: 13-4.1-3-3(b).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-5. Probable Hydrologic Consequences of Test Borings or Core Samplings

Sec. 5. Upon the written request of the operator and if the director finds that the probable total annual production at all locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, a qualified public or private laboratory designated by the director shall determine the probable hydrologic consequences and the results of test borings or core samplings required by section 3 of this chapter. The department shall assume the cost of preparation of the determination made under this section.[Pre-1995 Recodification Citation: 13-4.1-3-3(c).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-6. Application Available for Public Inspection

Sec. 6. Each applicant for a surface coal mining and reclamation permit, amendment, transfer, or renewal shall file an entire copy of the application, except for the information pertaining to the coal seam, for public inspection in the main public library in the county in which the proposed mining operation is located or in an appropriate public office in that county, as approved by the director. The documents may not be recorded.[Pre-1995 Recodification Citation: 13-4.1-3-3(d) part.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-7. Filing Fee

Sec. 7. An applicant must pay a filing fee of fifty dollars ($50).[Pre-1995 Recodification Citation: 13-4.1-3-3(d) part.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-8. Application on File for 30 Days

Sec. 8. An application remains on file until thirty (30) days after the director's final decision on the application, at which time the applicant may remove the application.[Pre-1995 Recodification Citation: 13-4.1-3-3(e).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-9. Application on File and Available for Inspection

Sec. 9. An accurate and complete copy of an application, except as provided in section 4 of this chapter, must:(1) remain on file at the office of the division of reclamation nearest the mining operation; and(2) be available for public inspection and copying at reasonable charge during normal business hours.[Pre-1995 Recodification Citation: 13-4.1-3-3(f).]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|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 to submit additional information concerning the identity, location, and nature of archeological and historic sites in or within one thousand (1,000) feet of the permit area in accordance with rules adopted by the commission to implement this section.(b) In the rules implementing this section, the commission shall provide that the director may require a permit applicant to identify and evaluate important archeological and historic sites through the following:(1) Searches of the records of the following:(A) Research institutions.(B) The state historical preservation office.(2) Field investigations.(3) Other appropriate investigations according to standards incorporated in the rules.(c) The commission's rules must be consistent with the principles set forth in IC 14-34-4-10(c).(d) This section and the rules adopted under this section may not be enforced if and to the extent that any federal court holds that the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1328) does not authorize the requirements of records searches, field investigations, or other studies in connection with application for surface coal mining operations.[Pre-1995 Recodification Citation: 13-4.1-3-3.1.]As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.24.
IN Code § 14-34-3-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-11. Reimbursement of Costs to Department

Sec. 11. (a) Whenever the department has assumed the cost of a test or determination required by section 5 of this chapter, the operator for whom the costs were assumed shall reimburse the department for the costs if any of the following conditions exist:(1) The actual and attributed annual coal production of the operator at all locations exceeds three hundred thousand (300,000) tons during any consecutive twelve (12) month period either during:(A) the term of the permit for which assistance was provided; or(B) the first five (5) years after issuance of the permit;whichever is shorter.(2) False information was given the department in the application for the permit or in reports required by the department.(3) A permit application was not submitted to the department within one (1) year after the date the permittee received the report for which the cost was assumed.(4) The applicant does not begin mining within six (6) months after obtaining the permit.(5) The:(A) permit is sold, transferred, or assigned to another person; and(B) transferee's total actual and attributed production exceeds the three hundred thousand (300,000) ton annual production limit during any consecutive twelve (12) month period of the remaining term of the permit.Under this subdivision the applicant and the applicant's successor are jointly and severally obligated to reimburse the department.(b) The department may waive the reimbursement obligation if the department finds that the applicant at all times acted in good faith.[Pre-1995 Recodification Citation: 13-4.1-3-3.5.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-13 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-13. Departures From Standards

Sec. 13. To encourage advances in coal mining and reclamation practices or to allow postmining land use for industrial, commercial, residential, recreational, or public use, the director may, with the approval of the United States Secretary of the Interior, permit departures in individual cases from the standards established in IC 14-34-10 and IC 14-34-11. The director may permit these departures only if the following conditions exist:(1) The experimental practices are:(A) potentially more; or(B) at least as;environmentally protective during and after the coal mining operations as those required under commission rules governing this section.(2) The coal mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices.(3) The experimental practices do not reduce the protection afforded public health and safety below that provided by commission rules governing this section.[Pre-1995 Recodification Citation: 13-4.1-3-5.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-3-14 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 3. Permit Requirements|14-34-3-14. Coordination With Other Federal Act Requirements

Sec. 14. The director shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of the following:(1) The federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).(2) The federal Fish and Wildlife Coordination Act (16 U.S.C. 661 through 666c).(3) The federal Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 through 711).(4) The National Historic Preservation Act (16 U.S.C. 470 et seq.).(5) The federal Bald Eagle Protection Act (16 U.S.C. 668a).[Pre-1995 Recodification Citation: 13-4.1-3-6.]As added by P.L.1-1995, SEC.27.
IN Code § 14-34-4-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 34. Surface Coal Mining and Reclamation|Chapter 4. Permit Approval or Denial|14-34-4-1. Applicant's Required Notice of Application

Sec. 1. At the time of submission of an application for a permit or revision or renewal of a permit under this article, the applicant shall do the following:(1) Place the advertisement submitted as part of the application under IC 14-34-3-3(6) in a local newspaper of general circulation in the county in which the proposed surface coal mining operation is located at least one (1) time a week for four (4) consecutive weeks.(2) Mail a copy of the advertisement to each person identified in the application under IC 14-34-3-3(2).(3) Mail a copy to every person who has requested notice of such applications.[Pre-1995 Recodification Citation: 13-4.1-4-1(a).]As added by P.L.1-1995, SEC.27.