reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 14-34-18-6. Designation of Area as Unsuitable

Sec. 6. (a) The director may designate an area as unsuitable for coal mining if the designation is based on competent and scientifically sound data.
(b) The director may designate an area as unsuitable for certain types of coal mining operations if the operation will:
(1) be incompatible with existing state or local land use plans or programs;
(2) affect fragile or historic lands in which the operation could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems;
(3) affect renewable resource lands, including aquifers and aquifer recharge areas, in which the operation could result in a substantial loss or reduction of long range productivity of water supply or of food or fiber products; or
(4) affect natural hazard lands, including the following:
(A) Areas subject to frequent flooding.
(B) Areas of unstable geology in which the operation could substantially endanger life and property.
(c) The director shall designate an area as unsuitable for all or certain types of surface coal mining if the director determines that reclamation under this article is not technologically and economically feasible.
(d) The director shall integrate determinations of the unsuitability of land for surface coal mining with the land use planning and regulation processes at the federal, state, and local levels.
[Pre-1995 Recodification Citation: 13-4.1-14-4.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-1. Federal Money

Sec. 1. (a) Money received by the department from the federal government for use in the restoration of abandoned mine land under this chapter shall be deposited in separate dedicated funds administered by the department. The funds may only be used to effect the restoration of abandoned mine land under this chapter.
(b) Federal money received is considered appropriated and allotted at the time of grant approval for specific projects included in the approved grant.
[Pre-1995 Recodification Citation: 13-4.1-15-1.]
As added by P.L.1-1995, SEC.27. Amended by P.L.165-2011, SEC.26.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-1.3. Acid Mine Drainage Abatement and Treatment Fund

Sec. 1.3. (a) As used in this section, "fund" refers to the acid mine drainage abatement and treatment fund established by subsection (b).
(b) The acid mine drainage abatement and treatment fund is established for the purpose of the abatement of the causes and the treatment of the effects of acid mine drainage. The department shall administer the fund.
(c) The fund consists of the following:
(1) Accrued interest and other investment earnings of the fund.
(2) Gifts, grants, donations, or appropriations from any source.
(d) Money in the fund does not revert to the state general fund at the end of a fiscal year.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
As added by P.L.165-2011, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-1.5. Reclamation Set-Aside Fund

Sec. 1.5. (a) As used in this section, "fund" refers to the reclamation set-aside fund established by subsection (b).
(b) The reclamation set-aside fund is established for the following purposes:
(1) The protection of public health and property from the extreme danger of the adverse effects of coal mining practices.
(2) The assurance that safety and general welfare are not affected by the extreme danger of adverse effects of coal mining practices.
(3) The protection of public health from the adverse effects of coal mining practices.
(4) The assurance that safety and general welfare are not affected by the adverse effects of coal mining practices.
(5) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreation resources, and agricultural productivity.
(c) The department shall administer the fund.
(d) The fund consists of the following:
(1) Accrued interest and other investment earnings of the fund.
(2) Gifts, grants, donations, or appropriations from any source.
(e) Money in the fund does not revert to the state general fund at the end of a state fiscal year.
(f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
As added by P.L.165-2011, SEC.28. Amended by P.L.6-2012, SEC.105.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-2. Lands and Water Eligible for Reclamation or Drainage Abatement Expenditures

Sec. 2. (a) Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those:
(1) that were:
(A) mined for coal; or
(B) affected by the mining, wastebanks, coal processing, or other coal mining processes;
(2) that were:
(A) abandoned; or
(B) left in an inadequate reclamation status;
before August 3, 1977; and
(3) for which there is not a continuing reclamation responsibility under state or federal law.
(b) Surface coal mining operations on lands eligible for remining do not affect the eligibility of the lands for reclamation and restoration under this chapter after the release of the bond or deposit for the operation under IC 14-34-6.
[Pre-1995 Recodification Citation: 13-4.1-15-2.]
As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-3. Priorities for Expenditures

Sec. 3. (a) Expenditure of money from the fund created by section 1 of this chapter on lands and water eligible under section 2 of this chapter must reflect the following priorities in the order stated:
(1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices.
(2) The protection of public health and safety from adverse effects of coal mining practices.
(3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreation resources, and agricultural productivity.
(b) Not more than thirty percent (30%) of money from funds under section 1 of this chapter that is received from the federal government on an annual basis may be expended on water supply restoration projects.
[Pre-1995 Recodification Citation: 13-4.1-15-3.]
As added by P.L.1-1995, SEC.27. Amended by P.L.165-2011, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-4. Director Entering Property to Abate Adverse Effects of Coal Mining Practices

Sec. 4. (a) This section applies if the director makes a finding of fact that:
(1) land or water resources have been adversely affected by past coal mining practices;
(2) the adverse effects of past coal mining practices are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
(3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices:
(A) are not known or readily available; or
(B) will not give permission for:
(i) the United States;
(ii) the state;
(iii) a political subdivision; or
(iv) an agent, an employee, or a contractor of the United States, the state, or the political subdivision;
to enter upon the property to restore, reclaim, rebate, control, or prevent the adverse effects of past coal mining practices.
(b) The director may, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising one (1) time in a newspaper of general circulation in the county in which the land lies, do the following:
(1) Enter upon the property adversely affected by past coal mining practices and any other property to have access to that property.
(2) Do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.
(c) Entry under this section is:
(1) an exercise of the police power for the protection of public health and safety; and
(2) not an act of:
(A) condemnation of property; or
(B) trespass.
(d) The money expended for the work and the benefits accruing to the premises entered under this section:
(1) is chargeable against the land; and
(2) mitigates or offsets:
(A) a claim in; or
(B) an action brought by an owner of;
an interest in the premises for alleged damages by virtue of the entry.
However, this subsection does not create new rights of action or eliminate existing immunities.
[Pre-1995 Recodification Citation: 13-4.1-15-4.]
As added by P.L.1-1995, SEC.27. Amended by P.L.165-2011, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-5. Director Entering Property to Conduct Studies or Exploratory Work

Sec. 5. (a) The director may enter upon any property for the purpose of conducting studies or exploratory work to determine the following:
(1) The existence of adverse effects of past coal mining practices.
(2) The feasibility of restoration, reclamation, abatement, control, or prevention of the adverse effects.
(b) Entry under this section is:
(1) an exercise of the police power for the protection of public health, safety, and general welfare; and
(2) not an act of:
(A) condemnation of property; or
(B) trespass.
[Pre-1995 Recodification Citation: 13-4.1-15-5.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-6. Acquisition of Adversely Affected Land for Reclamation

Sec. 6. The director may, by purchase, donation, or condemnation, acquire land that is adversely affected by past coal mining practices if the director determines that acquisition of the land is necessary to successful reclamation and that:
(1) the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will:
(A) serve recreation, historic, conservation, and reclamation purposes; or
(B) provide open space benefits and permanent facilities such as a treatment plant;
or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or
(2) acquisition of coal refuse disposal sites and all coal refuse on the sites will serve the purpose of this chapter or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.
[Pre-1995 Recodification Citation: 13-4.1-15-6.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-7. Title and Price of Land Purchased

Sec. 7. Title to all land acquired by the director under this chapter is in the name of the state. The price paid for the land must reflect the market value of the land as adversely affected by past coal mining practices.
[Pre-1995 Recodification Citation: 13-4.1-15-7.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-8. Public Sale of Land

Sec. 8. If land acquired by the director under this chapter is suitable for industrial, commercial, residential, or recreational development, the director may sell the land:
(1) by public sale under a system of competitive bidding at not less than fair market value; and
(2) under other conditions that are adopted by the commission by rule to ensure that the land is put to proper use consistent with local and state land use plans.
[Pre-1995 Recodification Citation: 13-4.1-15-8.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-9. Public Hearing

Sec. 9. The director shall, when requested after appropriate public notice, hold a public hearing in accordance with IC 4-21.5 in the county in which the land acquired by the director under this chapter is located. The hearing shall be held at a time that affords local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the land after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
[Pre-1995 Recodification Citation: 13-4.1-15-9.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-10. Transfer of Land to State Agency

Sec. 10. After restoration of the acquired land, the director may, with the approval of the governor, transfer jurisdiction of the land or a part of the land to a state agency that can best use the land for public purposes.
[Pre-1995 Recodification Citation: 13-4.1-15-10.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-11. Sale of Land With Governor's Approval

Sec. 11. (a) If retention of the land by the director or other state agency is impractical, the director may, with the approval of the governor, do either of the following:
(1) Sell the land to political subdivisions of the state at the cost of acquisition and restoration.
(2) Dispose of the land by public sale to the highest bidder for not less than the fair market value as determined by two (2) private appraisers appointed by the director.
(b) The proceeds of a sale shall be deposited in the fund created under section 1 of this chapter.
[Pre-1995 Recodification Citation: 13-4.1-15-11.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-12. Liens

Sec. 12. (a) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the director:
(1) shall itemize the money expended; and
(2) if a lien reveals an increase in the property value of at least twenty-five thousand dollars ($25,000) per landowner per project, may, subject to subsection (b), have an independent appraisal conducted. A statement may be filed with the county recorder in the county in which the land lies together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the money expended results in a significant increase in property value. The statement constitutes a lien upon the land. The lien may not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
(b) A lien may not be filed against the property of a person under subsection (a) who did not:
(1) consent to;
(2) participate in; or
(3) exercise control over;
the mining operation that necessitated the reclamation work performed under this chapter.
(c) The landowner may petition within sixty (60) days of the filing of the lien to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises constitutes the amount of the lien and shall be recorded with the statement filed under subsection (a). A party aggrieved by the decision may appeal as provided by law.
(d) The director shall record the lien with the county recorder in the county in which the land is located. The statement:
(1) constitutes a lien upon the land as of the date of the expenditure of the money; and
(2) has priority as a lien second only to the lien of real estate taxes imposed upon the land.
[Pre-1995 Recodification Citation: 13-4.1-15-12.]
As added by P.L.1-1995, SEC.27. Amended by P.L.165-2011, SEC.31; P.L.111-2016, SEC.41.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-13. Powers of Director

Sec. 13. (a) The director may do the following:
(1) Fill voids and open abandoned tunnels, shafts, and entryways resulting from a previous mining operation that constitutes a hazard to the public health or safety.
(2) Reclaim surface impacts of underground or surface mines that the director determines could:
(A) endanger life and property;
(B) constitute a hazard to the public health and safety; or
(C) degrade the environment.
(b) If mine waste piles are being reworked for conservation purposes, the incremental cost of disposing of the wastes from the operations by filling voids and sealing tunnels is eligible for funding under this chapter if the disposal of the wastes meets the purposes of this section.
(c) The director may, by:
(1) purchase;
(2) donation;
(3) easement; or
(4) otherwise;
acquire the interest in land that the director determines necessary to carry out this section.
[Pre-1995 Recodification Citation: 13-4.1-15-13.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 19. Abandoned Mines › 14-34-19-14. Plants for Controlling and Treating Water Pollution From Mine Drainage

Sec. 14. The director may construct and operate plants for the control and treatment of water pollution resulting from mine drainage. The extent of the control and treatment is dependent upon the ultimate use of the water.
[Pre-1995 Recodification Citation: 13-4.1-15-14.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-1. Granting of Permits

Sec. 1. (a) This section does not apply to lands under the navigable waters of Indiana.
(b) The department may, whenever the department considers it to be in the public interest, grant permits for the:
(1) extraction;
(2) removal; and
(3) disposition;
of deposits of coal, limestone, dolomite, gypsum, anhydrite, sand, gravel, clay, shale, or deposits of earth or mineral or vegetable matter on or under land or nonnavigable water belonging to the state no matter how the land or water is used if the extraction, removal, and disposition does not materially interfere with the purpose for which the land or water is held or used by the state.
[Pre-1995 Recodification Citation: 14-3-2-4.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-2. State Residency Required

Sec. 2. A permit may be granted under this chapter only to the following:
(1) An individual who is a resident of Indiana.
(2) A corporation that is domiciled in Indiana or qualified to do business in Indiana.
[Pre-1995 Recodification Citation: 14-3-2-5 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-3. Notice of Permit

Sec. 3. Except as otherwise provided by this chapter, a permit may not be granted by the department under this chapter unless the department has done the following:
(1) Published notice one (1) time each week for at least two (2) weeks in the following:
(A) At least one (1) newspaper of general circulation in the county where the land or water belonging to the state is located.
(B) At least one (1) newspaper published in Indianapolis.
(2) Given concurrent and similar notice one (1) time in writing to each person known to be actively engaged in the extraction of these resources in Indiana.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-4. Contents of Notice

Sec. 4. Notice given under section 3 of this chapter must do the following:
(1) Describe the specific property from or under which the extraction will occur.
(2) State the time, terms, and conditions under which a permit will be granted.
(3) Call for sealed proposals or bids stating the amount that will be paid for the privilege to be exercised under the permit.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-5. Proposal or Bid for Mining Privilege

Sec. 5. (a) A proposal or bid made in response to a request under section 4 of this chapter must offer the following:
(1) A royalty on a percentage basis, based on the commodity value at the mine, pit, or quarry.
(2) A bonus, or fixed fee per acre, in addition to royalty.
(b) A royalty may not be less than that generally prevailing for the resource to be extracted under similar methods of mining.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-6. Time for Submitting Proposal or Bid

Sec. 6. The department may receive sealed proposals or bids not earlier than thirty (30) days after the date of first publication.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-7. Granting or Rejecting Bids

Sec. 7. The department may grant a permit to the qualified bidder who submits the highest and best bid. However, the department may reject any or all bids.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-8. Permit Approval by Commission; Governor's Signature

Sec. 8. A permit must be approved by the commission and signed by the governor.
[Pre-1995 Recodification Citation: 14-3-2-5 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-9. Term of Permit

Sec. 9. (a) The department shall determine the initial term of a permit, not to exceed ten (10) years. The department shall automatically continue a permit:
(1) if commercial production and accompanying royalty payments are established by the end of the initial term; and
(2) as long as production continues, not to exceed fifty (50) years.
(b) If commercial production is not established within the initial term of a permit, the department may terminate the permit.
(c) The department may terminate a permit at any time for failure of the permittee to comply with:
(1) this chapter; or
(2) the rules adopted under this chapter.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-10. Bond

Sec. 10. Each proposal and bid must be accompanied by sufficient bond in an amount to be determined by the department for the restoration of land or water disturbed by exploration and mining.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 1. Mining Permits › 14-35-1-11. Additional Covenants, Terms, and Conditions

Sec. 11. The department and the governor may require other covenants, terms, and conditions in addition to those provided in this chapter.
[Pre-1995 Recodification Citation: 14-3-2-6 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 2. Geological Investigation Permits › 14-35-2-1. Department Investigations; Granting Permit

Sec. 1. The department may do the following:
(1) Conduct geologic investigations, including exploratory drilling, to evaluate the quality and reserves of mineral deposits on land and water of the state.
(2) Grant permits for investigations and exploration described in subdivision (1) by interested persons.
[Pre-1995 Recodification Citation: 14-3-2-6.1 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 2. Geological Investigation Permits › 14-35-2-2. Fee

Sec. 2. The fee for a permit issued under this chapter is one hundred dollars ($100). In addition, a permittee must give bond in the amount and with surety approved by the department for full and prompt compliance with the terms and conditions of the permit.
[Pre-1995 Recodification Citation: 14-3-2-6.1 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 2. Geological Investigation Permits › 14-35-2-3. Terms, Conditions, and Covenants

Sec. 3. The department shall incorporate in a permit the terms, conditions, and covenants the department considers necessary to protect the public interest and other uses and purposes for which the land is held and used by the state.
[Pre-1995 Recodification Citation: 14-3-2-6.1 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 3. Permit Fees › 14-35-3-1. Payment to Treasurer

Sec. 1. Fees and other money recovered or received due to a permit granted under IC 14-35-1 or IC 14-35-2 shall be paid to the treasurer of state.
[Pre-1995 Recodification Citation: 14-3-2-7 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 3. Permit Fees › 14-35-3-2. Deposit of Fees in State General Fund

Sec. 2. The treasurer of state shall deposit the fees and other money received under section 1 of this chapter for the use of the board, bureau, commission, division, department, or governmental entity having the custody, control, possession, or authority of or over the real property for which the permit is issued without reversion to the state general fund. If the land is under the custody, control, possession, or authority of the department, the money shall be deposited in the special revenue fund of the appropriate division of the department.
[Pre-1995 Recodification Citation: 14-3-2-7 part.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 4. Interstate Mining Compact › 14-35-4-2. Natural Resources Commission as Advisory Body

Sec. 2. The natural resources commission is the advisory body referred to in Article 5(a) of the Interstate Mining Compact.
[Pre-1995 Recodification Citation: 14-4-2.2-2.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 35. Mining › Chapter 4. Interstate Mining Compact › 14-35-4-3. Filing Bylaws and Amendments

Sec. 3. In accordance with Article 5(i) of the Interstate Mining Compact, the Interstate Mining Commission shall file copies of its bylaws and amendments to the bylaws with the following:
(1) The office of the governor.
(2) The division of reclamation.
(3) The department of natural resources.
[Pre-1995 Recodification Citation: 14-4-2.2-3.]
As added by P.L.1-1995, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-1. Purpose of Reclamation

Sec. 1. This chapter provides for the proper reclamation of areas of land subjected to surface mining of minerals in accordance with modern standards to do the following:
(1) Provide improved land use practice of these areas.
(2) Prevent or minimize injurious effects to the people and the natural resources of Indiana, including the need to do the following:
(A) Protect lakes and streams from pollution.
(B) Decrease soil erosion.
(C) Decrease the hazards of fire.
(D) Improve the aesthetic value of the landscape.
(E) Enhance the development of wildlife resources.
(F) Increase the economic contributions of the affected areas to the welfare of the people of Indiana.
[Pre-1995 Recodification Citation: 13-4-6-1.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-2. Exemptions

Sec. 2. Notwithstanding any other provision of this chapter, except section 3 of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b).
[Pre-1995 Recodification Citation: 13-4-6-1.5.]
As added by P.L.1-1995, SEC.29.