reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 25. Conservancy District Marshal › 14-33-25-2. Tenure; Termination or Suspension; Procedures

Sec. 2. The district marshal serves at the pleasure of the board. However, before terminating or suspending a district marshal who has been employed by the district for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9, the board must conduct the disciplinary removal and appeals procedure prescribed by IC 36-8-3-4 for city fire and police departments.
As added by P.L.122-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 25. Conservancy District Marshal › 14-33-25-3. Chief Police Officer; Powers and Duties

Sec. 3. The district marshal is the chief police officer of the district and has the powers of other law enforcement officers in enforcing laws. The district marshal or the district marshal's deputy:
(1) shall arrest without process all persons who commit an offense within the district marshal's or deputy's view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;
(2) shall suppress breaches of the peace;
(3) may execute search warrants and arrest warrants; and
(4) may pursue and jail persons who commit an offense.
As added by P.L.122-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 25. Conservancy District Marshal › 14-33-25-4. Deputy District Marshals; Appointment; Powers and Liabilities; Bond, Compensation, and Term; Dismissal Procedure

Sec. 4. (a) The board may by resolution authorize the district marshal to appoint deputy district marshals. The board shall by resolution fix the number of deputy district marshals. Deputy district marshals have the powers and liabilities of the district marshal in enforcing laws.
(b) The board shall fix the amount of bond, compensation, and term of service of deputy district marshals. The district marshal may dismiss a deputy district marshal at any time. However, a deputy district marshal who has been employed by the district for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9 may be dismissed only if the procedure prescribed by section 2 of this chapter is followed.
As added by P.L.122-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 33. Conservancy Districts › Chapter 25. Conservancy District Marshal › 14-33-25-5. Body Armor

Sec. 5. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a).
(b) A district may provide the district marshal and active deputy district marshals of the district with body armor for the torso. The district shall replace the body armor for the torso provided under this subsection according to the replacement period recommended by the manufacturer of the body armor for the torso.
(c) The district marshal and active deputy district marshals of the district may not be required to pay for maintenance of the body armor for the torso furnished under this section.
(d) Body armor for the torso provided by a district under this section remains the property of the district. The district may sell the property when it becomes unfit for use, and all money received shall be paid into the general fund of the district.
As added by P.L.122-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 1. General Provisions › 14-34-1-1. Application of Article

Sec. 1. This article applies to the following:
(1) A person who engages in surface coal mining operations, whether or not the person has a permit.
(2) An agency, a unit, or an instrumentality of federal, state, or local government, including a publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in surface coal mining operations.
[Pre-1995 Recodification Citations: 13-4.1-1-6; 13-4.1-1-7.]
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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-2. Director's Required Notice of Application

Sec. 2. (a) The director shall give notice to the following:
(1) Various local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies in the county in which the proposed surface coal mining operation will take place.
(2) All federal or state governmental agencies with authority to issue permits and licenses applicable to the proposed surface coal mining and reclamation operation that are part of the permit coordinating process developed in accordance with IC 14-34-3-14.
(3) Those agencies with an interest in the proposed operations, including the following:
(A) The United States Department of Agriculture Natural Resources Conservation Service district office.
(B) The local United States Army Corps of Engineers district engineer.
(C) The National Park Service.
(D) State and federal fish and wildlife agencies.
(E) The historic preservation officer.
(b) The notice required by subsection (a) must consist of the following:
(1) The operator's intention to mine a particularly described tract of land.
(2) The application's permit number.
(3) Where a copy of the proposed surface coal mining and reclamation plan may be inspected.
[Pre-1995 Recodification Citation: 13-4.1-4-1(b), (c).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-3. Comments Concerning Applications

Sec. 3. (a) The local bodies, agencies, authorities, or companies notified under section 2 of this chapter may, within thirty (30) days of notification, submit written comments concerning the permit applications with respect to the effect of the proposed surface coal mining operation on the environment in their area of responsibility.
(b) The director shall immediately do the following:
(1) Transmit the comments to the applicant.
(2) Make the comments available to the public at the same locations that the permit applications are available.
[Pre-1995 Recodification Citation: 13-4.1-4-1(d).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-4. Objections; Request for Informal Conference or Public Hearing

Sec. 4. (a) A person with an interest that is or may be adversely affected by a proposed surface coal mining operation or the officer or head of a federal, state, or local governmental agency or authority may:
(1) file written objections to the proposed initial or revised application for a permit for surface coal mining and reclamation operation with the director; and
(2) request an informal conference or a public hearing under section 6 of this chapter;
within thirty (30) days after the last publication of the notice required by sections 1 and 2 of this chapter.
(b) The request for an informal conference or public hearing must do the following:
(1) State specifically the objections of the person requesting the conference.
(2) If the person requesting the conference or public hearing is not the officer or head of a federal, state, or local governmental agency or authority, identify the interest of the person who is or may be affected by the proposed surface coal mining operation.
(c) Upon receipt of an objection under subsection (a), the director shall immediately do the following:
(1) Transmit the objections to the applicant.
(2) Make the objections available to the public.
[Pre-1995 Recodification Citation: 13-4.1-4-2(a).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-5. Informal Conference or Public Hearing; Access to Mining Area; Record of Proceedings

Sec. 5. (a) If written objections are filed and an informal conference or a public hearing is requested, the director shall hold the conference or public hearing in the locality of the proposed surface coal mining operation within a reasonable time of receipt of the objections or request. The director shall advertise in a newspaper of general circulation in the county in which the proposed surface coal mining operation is located at least two (2) weeks before the scheduled conference or public hearing the date, time, and location of the conference or public hearing.
(b) The director may arrange with the applicant, upon request by any party to the administrative proceeding, access to the proposed mining area for the purpose of gathering information relevant to the proceeding.
(c) An electronic or a stenographic record shall be made of the conference or public hearing. The director shall maintain the record and have the record accessible to the parties until final release of the applicant's performance bond.
(d) The director may not hold the conference or public hearing if any of the following conditions exist:
(1) All parties requesting the conference or public hearing stipulate agreement before the conference or public hearing and withdraw their request.
(2) The request fails to comply with the requirements of section 4 of this chapter.
(3) The objections do not concern a matter within the scope of this article or the commission's rules.
[Pre-1995 Recodification Citation: 13-4.1-4-2(b).]
As added by P.L.1-1995, SEC.27. Amended by P.L.141-2022, SEC.48.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-6. Conditions Requiring Public Hearing

Sec. 6. A public hearing shall be held on the proposed initial or revised application for a permit if any of the following conditions exist:
(1) The applicant requests a public hearing under section 4 of this chapter.
(2) A petition is filed with the director requesting a public hearing that is signed by at least twenty-five (25) individuals who are at least eighteen (18) years of age and who:
(A) reside in the county where the permitted activity would take place; or
(B) own real property within one (1) mile of the site of the proposed or existing permitted activity.
(3) The director orders a public hearing.
[Pre-1995 Recodification Citation: 13-4.1-4-2(c).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-8. Nonissuance of Permit for Violations of Certain Federal and State Statutes

Sec. 8. (a) As used in this section, "applicant" or "operator" includes the following:
(1) The officers, partners, or directors of the applicant or operator.
(2) The officers, partners, or directors of applicants or operators under IC 14-36-1.
(b) The director may not issue a permit to an applicant if the director finds after a hearing conducted in accordance with IC 4-21.5-3 that the applicant or the operator specified in the application controls or has controlled surface coal mining operations with a demonstrated pattern of willful violations of:
(1) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328);
(2) this article or IC 13-4.1 (before its repeal);
(3) IC 14-36-1 or IC 13-4-6 (before its repeal); or
(4) any state statute enacted in response to P.L.95-87, the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328);
of a nature and duration and with the resulting irreparable damage to the environment that indicates an intent not to comply with this article, IC 13-4.1 (before its repeal), IC 14-36-1, or IC 13-4-6 (before its repeal).
[Pre-1995 Recodification Citation: 13-4.1-4-3(c).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-8.5. Exemptions for Unanticipated Events or Conditions

Sec. 8.5. The:
(1) finding required by section 7(a)(6) of this chapter; and
(2) prohibition on the issuance of a permit in section 8 of this chapter;
do not apply to a violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligible for remining under a permit held by the applicant.
As added by P.L.179-1995, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-9. Mining of Prime Farmland

Sec. 9. (a) This section does not apply to an existing surface coal mining operation that held a valid permit on August 3, 1977, with continuous permits since that date.
(b) In addition to finding the application in compliance with section 7 of this chapter, if the proposed mining area contains prime farmland under IC 14-34-3-3(16), the director shall, after consultation with the United States Secretary of Agriculture and under rules adopted by the commission, grant a permit to mine on prime farmland if the director finds in writing that the operator has the technological capability to restore the mined area, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in IC 14-34-10-2(b)(10).
[Pre-1995 Recodification Citation: 13-4.1-4-3(d).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-10.5. Good Faith Effort to Identify Problems That May Result in Unanticipated Events or Conditions

Sec. 10.5. (a) A person who submits an application for a permit or for the revision or renewal of a permit under this article shall, to the extent not otherwise addressed in the permit application, make a good faith effort to identify potential problems that may result in an unanticipated event or condition.
(b) An event or condition that arises despite substantial adherence to the applicable operation and reclamation plan may be considered unanticipated if it was not identified in the application for the governing permit.
As added by P.L.179-1995, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-11. Written Findings

Sec. 11. (a) If an informal conference or public hearing is held under section 5 of this chapter, the director shall furnish the applicant and all parties with written findings:
(1) granting or denying the permit in whole or in part; and
(2) stating the reasons for granting or denying the permit in whole or in part;
within sixty (60) days of the conference or public hearing.
(b) If the director does not take action on the permit application within sixty (60) days after the conference or public hearing, the applicant may do the following:
(1) Consider the permit application disapproved.
(2) Request a hearing under section 13 of this chapter.
(c) The applicant may waive the time limits of this section.
(d) If an informal conference or public hearing is not held under section 5 of this chapter, the director shall notify the applicant in writing within a reasonable time established by the commission by rule and taking into account:
(1) the time needed for proper investigation of the site;
(2) the complexity of the permit application; and
(3) whether or not written objections to the application were filed;
whether the application has been approved or disapproved in whole or in part.
[Pre-1995 Recodification Citation: 13-4.1-4-4.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-12. Notification of Applicant of Director's Decision

Sec. 12. The director shall notify an applicant of the director's decision regarding the application. If the application is disapproved, the notification must set forth specific reasons for the application's disapproval.
[Pre-1995 Recodification Citation: 13-4.1-4-5(a).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-13. Hearing on Reasons for Final Determination

Sec. 13. (a) Within thirty (30) days after an applicant is notified of the approval or disapproval of an application:
(1) the applicant; or
(2) any person with an interest that is or may be adversely affected;
may request a hearing on the reasons for the final determination. The request must identify the person's interest that is or may be affected by the approval or disapproval of the application.
(b) Upon receipt of a request for a hearing under subsection (a), the commission shall do the following:
(1) Hold a hearing within thirty (30) days of the receipt of the request.
(2) Notify the applicant and all interested parties of the time and place of the hearing.
(3) Conduct the hearing and proceedings in accordance with IC 4-21.5. For all hearings and proceedings commenced after July 1, 1991, the commission is limited to the record before the director.
(c) Within thirty (30) days after the hearing, the commission shall furnish:
(1) the applicant; and
(2) all persons who participated in the hearing;
a written decision and state the reasons for the decision.
[Pre-1995 Recodification Citation: 13-4.1-4-5(b), (c), (d).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-14. Issuance of Permit

Sec. 14. The director shall issue a permit if all of the following apply:
(1) The application is approved.
(2) The bonding requirements of IC 14-34-6 are met.
(3) The thirty (30) day period specified under section 13(a) of this chapter has expired.
[Pre-1995 Recodification Citation: 13-4.1-4-5.1.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-15. Permit Effective Upon Issuance

Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under section 14 of this chapter is effective upon issuance, unless a stay of the permit has been granted under section 17 of this chapter.
[Pre-1995 Recodification Citation: 13-4.1-4-5.2.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-16. Notification of Permit Issuance

Sec. 16. (a) Within ten (10) days after a permit is issued, the director shall notify the following persons that a permit has been issued:
(1) The local government officials in the county in which the area of land to be affected is located.
(2) Each person identified in the permit application under IC 14-34-3-3(2).
(3) Each person who has requested a hearing under section 6 of this chapter.
(4) Each person who has requested such notice.
(b) The notification must include a description of the land's location.
[Pre-1995 Recodification Citation: 13-4.1-4-5.3.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-17. Temporary Relief Pending Final Determination

Sec. 17. If a hearing is requested under section 13 of this chapter, the commission may, under the conditions that the commission prescribes, grant appropriate temporary relief pending final determination of the proceedings if the following conditions are met:
(1) All parties to the proceedings are notified and given an opportunity to be heard on a request for temporary relief.
(2) The person requesting temporary relief shows a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding.
(3) Temporary relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
[Pre-1995 Recodification Citation: 13-4.1-4-6.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 4. Permit Approval or Denial › 14-34-4-18. Conditions of Permit

Sec. 18. (a) Each permit issued by the director is subject to conditions imposed by the director. The conditions must include at a minimum a requirement for the operator to pay to the federal Office of Surface Mining all fees owed under 30 CFR Part 870.
(b) The director may issue a permit subject to the condition that the permittee obtain or maintain in force other licenses or permits required for the surface coal mining and reclamation operation. However, the imposition of a condition under this subsection does not authorize or require the director to administer or enforce the requirements of any federal law or of any state law other than this article.
[Pre-1995 Recodification Citation: 13-4.1-4-7.]
As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-1. Validity Permit

Sec. 1. (a) A permit issued under IC 14-34-4 is valid for five (5) years unless the director grants a longer period under subsection (c).
(b) The director may issue a permit with a validity period exceeding five (5) years if the following conditions are met:
(1) The applicant demonstrates that a specified longer period is reasonably needed to obtain necessary financing for equipment and the opening of the operation.
(2) The application is full and complete for the specified longer period.
(3) The application complies with:
(A) the standards established by this article; or
(B) the rules that the commission adopts.
(c) If the director determines that a specified validity period exceeding five (5) years is warranted under subsection (b)(1), the director may issue a permit for the specified longer period.
[Pre-1995 Recodification Citation: 13-4.1-5-1.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-2. Transferring, Assigning, or Selling Permit Rights

Sec. 2. (a) A permittee may not transfer, assign, or sell the rights granted under a permit without the written approval of the director.
(b) A successor in interest to a permittee who:
(1) applies for a new permit within thirty (30) days of succeeding to the interest; and
(2) obtains the bond coverage of the original permittee;
may continue the surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the successor's application is granted or denied.
[Pre-1995 Recodification Citation: 13-4.1-5-2.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-3. Termination of Permit for Nonuse; Extension of Time

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