reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-11. Incremental Self-Bonds; Coverage of Deferred Grading Areas

Sec. 11. (a) The director may not accept an applicant's self-bond under this chapter in an increment unless, when the self-bond is initially approved under this chapter, the total area of the increment is one hundred percent (100%) self-bonded.
(b) When a self-bond is initially accepted from a permit applicant under this chapter, the self-bond may cover areas subject to the permit on which, as of July 1, 1995, grading has been deferred.
(c) After a self-bond is accepted under this chapter:
(1) coverage under the self-bond continues on any area subject to a grading deferral that is in existence on July 1, 1995, if the grading deferral is subsequently extended beyond its original term; but
(2) an area subject to the permit as to which a grading deferral is granted after July 1, 1995, may not be covered by self-bonding.
(d) An area described in subsection (c)(2):
(1) must be covered by another form of bond allowed under IC 14-34-6; and
(2) may not be covered by the surface coal mine reclamation bond pool established by IC 14-34-8.
As added by P.L.176-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-12. Alternate Forms of Self-Bonds; Monitoring of Reclamation

Sec. 12. (a) If a permittee who posted a self-bond under this chapter does not file an application for a Phase I grading release with the department before the second November 1 after the year in which the coal was removed from the site covered by the self-bond, the permittee shall replace the self-bond with an alternate form of bond within ninety (90) days of the November 1 deadline established under this subsection.
(b) If:
(1) a permittee who posted a self-bond under this chapter files an application for a Phase I grading release with the department before the second November 1 after the year in which the coal was removed from the site covered by the self-bond; but
(2) the application is rejected by the department;
the permittee shall replace the self-bond with an alternate form of bond not later than ninety (90) days after the denial of the application for a Phase I grading release becomes a final order of the department.
(c) All acreage and structures that are within a permitted area and are used to facilitate active mining and reclamation operations are exempt from subsection (b). Areas described in this subsection include, but are not limited to, the following:
(1) Processing sites.
(2) Tipples.
(3) Railroad sidings.
(4) Buildings.
(5) Haul roads.
(6) Topsoil stockpiles.
(7) Sediment ponds.
(d) For the purposes of subsection (c), the director shall determine what areas are used to facilitate active mining and reclamation operations.
(e) A permittee shall submit annual reports to the department in a form that the director considers necessary to facilitate the effective monitoring of acres under self-bonding that have been affected and reclaimed.
(f) An area that:
(1) is not subject to the time limitations set forth in subsection (b); and
(2) has been used for the disposal of:
(A) coal combustion fly or bottom ash;
(B) flue gas desulfurization byproducts generated by coal combustion units; or
(C) coal processing wastes;
is no longer eligible for self-bonding ten (10) years after the disturbance of the area or the self-bonding of the area, whichever is later. An alternative form of bond must be posted for the area under IC 14-34-6 not later than ninety (90) days after the area becomes ineligible for self-bonding under this subsection.
(g) Whenever an area is determined to be no longer eligible for self-bonding, and an alternative form of bond is posted under IC 14-34-6, the area:
(1) is never again eligible for self-bonding; and
(2) may not be bonded by the surface coal mine reclamation bond pool established under IC 14-34-8-3.
As added by P.L.176-1995, SEC.22. Amended by P.L.2-1997, SEC.55.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-13. Effect of Invalidation of Ic 14-34-7-1

Sec. 13. For purposes of IC 1-1-1-8, if the amendments to IC 14-34-7-1, as amended by SEA 125-1995, are held invalid or otherwise unenforceable, the other amendments to IC 14-34-7 made by SEA 125-1995 are also void.
As added by P.L.176-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 8. Bond Pool › 14-34-8-1. "Bond Pool" Defined

Sec. 1. As used in this chapter, "bond pool" refers to the surface coal mine reclamation bond pool established by this chapter.
[Pre-1995 Recodification Citation: 13-4.1-6.5-2.]
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 8. Bond Pool › 14-34-8-2. "Committee" Defined

Sec. 2. As used in this chapter, "committee" refers to the surface coal mine reclamation bond pool committee established by this chapter.
[Pre-1995 Recodification Citation: 13-4.1-6.5-1.]
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 8. Bond Pool › 14-34-8-3. Surface Coal Mine Reclamation Bond Pool

Sec. 3. The surface coal mine reclamation bond pool is established to be used for surface coal mine reclamation under this chapter. The department shall administer the bond pool.
[Pre-1995 Recodification Citation: 13-4.1-6.5-3.]
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 8. Bond Pool › 14-34-8-4. Participation in Bond Pool

Sec. 4. (a) As used in this section, "mining" includes contract mining.
(b) As used in this section, "operator" includes a predecessor in interest, subsidiaries, and affiliates as approved by the director.
(c) Participation in the bond pool is open to each operator applying for a permit under this article who, after May 3, 1978, has a five (5) year history of mining within Indiana and who meets the following conditions:
(1) Is not subject to an outstanding cessation order issued under:
(A) IC 13-4.1-11-5 (before its repeal); or
(B) IC 14-34-15-6.
(2) Does not owe a civil penalty under:
(A) IC 13-4.1-12 (before its repeal);
(B) IC 14-34-16; or
(C) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
(3) Does not:
(A) owe a fee:
(i) under IC 13-4.1 (before its repeal);
(ii) under this article; or
(iii) collected under the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328); or
(B) have a history of delinquency in the payment of fees or civil penalties.
(4) Has never been suspended under:
(A) IC 13-4.1-6.5-6 (before its repeal); or
(B) section 6 of this chapter.
(d) Participation in the bond pool is:
(1) optional for each permit application;
(2) subject to approval by the director; and
(3) not effective until the entrance fee has been paid in full.
(e) The director may, based on all available information, disapprove an application that may create an unreasonable risk to the bond pool.
(f) This chapter does not preclude compliance with IC 14-34-6 instead of participation in the bond pool before commencement of participation in the bond pool.
(g) Commencement of participation in the bond pool for the applicable permit constitutes an irrevocable commitment to participate in the bond pool for the applicable permit for the duration of the surface coal mining operations covered under the permit, unless the operator has replaced all bond pool liability with bonds acceptable under IC 14-34-6-1.
(h) An operator may apply for participation in the bond pool on a bond increment area under an existing permit. Commencement of participation in the bond pool for the bond increment area, within an existing permit, constitutes an irrevocable commitment to participate in the bond pool for the duration of that surface coal mining permit, unless the operator has replaced all bond pool liability with bonds acceptable under IC 14-34-6-1.
[Pre-1995 Recodification Citation: 13-4.1-6.5-4.]
As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 8. Bond Pool › 14-34-8-5. Fees for Participation in Bond Pool

Sec. 5. (a) An application for participation in the bond pool must be accompanied by an entrance fee of one thousand dollars ($1,000). The fees collected under this section shall be deposited in the post-1977 abandoned mine reclamation fund under IC 14-34-6-15 and dedicated as collateral for the bond pool. The entrance fee is not required on subsequent permits or bond increments after an operator has been accepted for participation in the bond pool.
(b) In addition to the initial payments to the bond pool under subsection (a), an operator electing to participate in the bond pool must furnish a bond in an amount adequate to ensure phase I reclamation, except as provided in subsection (c).
(c) The director may accept:
(1) the bond of an operator without separate surety under the self-bonding provisions of IC 14-34-7; or
(2) deposits in lieu of bond under IC 14-34-6-5.
(d) Subject to subsection (e), fees and payments under this chapter are:
(1) not refundable; and
(2) in addition to all other fees required under this article.
(e) The entrance fee required under subsection (a) is refundable if the application is rejected.
(f) Bond pool participants may post incremental bonds under IC 14-34-6-1. The bonds may be posted in increments according to a schedule contained in the approved permit application.
[Pre-1995 Recodification Citation: 13-4.1-6.5-5.]
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 8. Bond Pool › 14-34-8-6. Suspension From Bond Pool

Sec. 6. (a) Subject to subsection (c), an operator is suspended from the bond pool if the operator:
(1) fails to pay a fee or civil penalty under:
(A) IC 13-4.1 (before its repeal);
(B) this article; or
(C) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328); or
(2) receives a cessation order that is not abated.
(b) If the final release of a bond has not been obtained within ten (10) years after the date of the last required report of the affected area for the permit, including new disturbances, the director may require the operator to:
(1) replace the bond pool liability with bonds acceptable under IC 14-34-6-1; and
(2) withdraw that operation from the bond pool.
If the operator fails to comply with the director's order to withdraw a mine area from the bond pool, the director may suspend the operator from the bond pool.
(c) An operator is not suspended from the bond pool if the director makes a written determination that mitigating circumstances are present that would not create an unreasonable risk to the bond pool if the operator's participation continues.
(d) An operator who is suspended from the bond pool shall cease all surface coal mining operations until the operator furnishes a new performance bond under IC 14-34-6-1 in an amount calculated under IC 14-34-6-2 for all disturbed areas and proposed additional mining areas under the permit. When the new performance bond has been executed, the bond pool has no additional liability for reclamation on any part of the area covered by the applicable permit.
[Pre-1995 Recodification Citation: 13-4.1-6.5-6.]
As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 8. Bond Pool › 14-34-8-7. Release of Bond or Other Surety

Sec. 7. The bond or other surety furnished by the operator under section 5 of this chapter shall be released by the director when the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the operator's approved reclamation plan.
[Pre-1995 Recodification Citation: 13-4.1-6.5-7.]
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 8. Bond Pool › 14-34-8-8. Fees per Acre for Bond

Sec. 8. (a) When an operator furnishes a bond under section 5 of this chapter to participate in the bond pool, the operator shall pay a fee of twenty-five dollars ($25) per bonded acre into the bond pool.
(b) After the bond or other surety has been released under section 7 of this chapter, the operator shall annually pay ten dollars ($10) per acre on the areas affected to the bond pool until phase II bond release is approved.
(c) After revegetation is established, the operator shall pay to the bond pool fund the following:
(1) Five dollars ($5) per acre per year for the first three (3) years.
(2) Ten dollars ($10) per acre per year after the first three (3) years on the areas affected until phase III bond release is approved.
(d) All fees collected under this section shall be:
(1) deposited in the post-1977 abandoned mine reclamation fund established by IC 14-34-6-15; and
(2) dedicated as collateral for the bond pool.
[Pre-1995 Recodification Citation: 13-4.1-6.5-8.]
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 8. Bond Pool › 14-34-8-9. Use of Bond Pool Money to Complete Reclamation

Sec. 9. After all available money furnished for a permit under section 5(b) and 5(c) of this chapter is exhausted under section 10 of this chapter, the money in the bond pool is available for the completion of reclamation necessary to achieve phase II and phase III bond release according to the approved reclamation plan on permitted areas covered by the bond pool by participating operators. The bond pool may not be used to complete reclamation on any areas not permitted and bonded under this chapter.
[Pre-1995 Recodification Citation: 13-4.1-6.5-9.]
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 8. Bond Pool › 14-34-8-10. Forfeiture of Bonds

Sec. 10. (a) Forfeiture of bonds of an operator participating in the bond pool shall be accomplished under IC 14-34-6-16. In addition to forfeiture, the director may proceed against the permittee of the surface coal mining operation by filing a civil action for injunctive or other relief in any court having jurisdiction to compel the permittee to perform the reclamation work in full compliance with this article, the rules adopted under this article, and the approved permit plans. The director may also file an action in any court having jurisdiction against the permittee to recover all money expended by the bond pool to accomplish the reclamation, including construction costs, engineering costs, administrative costs, and legal costs. In an action to recover these costs, the defendant may not do the following:
(1) Relitigate the facts giving rise to the forfeiture.
(2) Defend by claiming the forfeiture was improper.
(b) A:
(1) proceeding under this section does not constitute a waiver by the director to proceed under other provisions of this article; and
(2) commencement of action under one (1) provision does not constitute an election to proceed solely under that provision.
(c) Liability of participants in the bond pool for reclamation of areas disturbed by other operators is limited to fees paid into the bond pool under sections 5 and 8 of this chapter.
[Pre-1995 Recodification Citation: 13-4.1-6.5-10.]
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 8. Bond Pool › 14-34-8-11. Surface Coal Mine Reclamation Bond Pool Committee

Sec. 11. (a) The surface coal mine reclamation bond pool committee is established. The committee consists of the following:
(1) Five (5) members appointed by the director as follows:
(A) Three (3) members must represent a cross-section of coal operators.
(B) One (1) member must be a member of the commission.
(C) One (1) member must be a representative of the public with knowledge of reclamation performance guarantees.
(2) The director or the director's designee, who is a nonvoting member.
(b) The term of each member is four (4) years beginning July 1. The director may remove an appointed member for cause.
(c) The committee shall do the following:
(1) Annually elect a chairman.
(2) Adopt rules for organization and procedure.
(d) Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(e) The committee shall, acting in an advisory capacity to the director, do the following:
(1) Meet as necessary to perform duties under this chapter, but not less than one (1) time each year, for the purpose of formulating recommendations to the director concerning oversight of the general operation of the bond pool.
(2) Review and make recommendations concerning the following:
(A) All proposed expenses from the bond pool.
(B) All applications for admission to the bond pool.
(f) The director shall report annually to the committee and to the governor on the status of the bond pool.
[Pre-1995 Recodification Citation: 13-4.1-6.5-11.]
As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 9. Coal Exploration › 14-34-9-1. Notice of Intention to Explore; Written Permission of Director; Requirements

Sec. 1. (a) Subject to subsection (b), before conducting a coal exploration operation the person intending to conduct the operation must do the following:
(1) File with the director a notice of intention to explore.
(2) Demonstrate the ability to comply with the revegetation requirements of IC 14-34-10-2 concerning all land disturbed.
(b) A person may not conduct a coal exploration operation without the express written permission of the director if, under the coal exploration operation, the person:
(1) substantially disturbs the natural land surface; or
(2) removes more than two hundred fifty (250) tons of coal.
[Pre-1995 Recodification Citation: 13-4.1-7-1.]
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 9. Coal Exploration › 14-34-9-2. Description of Exploration Area; Period of Exploration

Sec. 2. The notice of intention to explore and the application for written permission to explore as required by section 1 of this chapter must include the following:
(1) A description of the exploration area.
(2) The period of supposed exploration.
[Pre-1995 Recodification Citation: 13-4.1-7-2.]
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 9. Coal Exploration › 14-34-9-3. Rules

Sec. 3. The commission shall adopt rules to do the following:
(1) Establish a procedure for application for permission to conduct a coal exploration operation.
(2) Establish guidelines for granting or denying the application.
(3) Require that the applicant comply with the requirements of IC 14-34-10 and IC 14-34-12 for all land disturbed.
[Pre-1995 Recodification Citation: 13-4.1-7-3.]
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 9. Coal Exploration › 14-34-9-4. Confidential Information

Sec. 4. Information concerning trade secrets or privileged commercial or financial information relating to the competitive rights of the person or entity intending to explore the described area that is submitted to the director under this chapter is confidential and not available for public examination.
[Pre-1995 Recodification Citation: 13-4.1-7-4.]
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 9. Coal Exploration › 14-34-9-5. Person Engaged in Coal Exploration Treated as Permittee

Sec. 5. A person engaged in coal exploration is subject to IC 14-34-15 and IC 14-34-16 as if the person were a permittee.
[Pre-1995 Recodification Citation: 13-4.1-7-5.]
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 9. Coal Exploration › 14-34-9-6. Environmental Limitations on Exploration

Sec. 6. Coal exploration may not disturb the following:
(1) Habitats of unique or unusually high value for fish and wildlife and other related environmental values.
(2) Critical habitats of threatened or endangered species.
[Pre-1995 Recodification Citation: 13-4.1-7-6.]
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 10. Performance Standards › 14-34-10-1. "Approximate Original Contour" Defined

Sec. 1. As used in this chapter, "approximate original contour" means the surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including terracing or access roads:
(1) closely resembles the general surface configuration of the land before mining; and
(2) blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated except for the following:
(A) Water impoundments that comply with section 2(b)(11) of this chapter.
(B) Boxcut spoil areas that are:
(i) specifically designed to provide alternative land uses; and
(ii) permitted by the director.
[Pre-1995 Recodification Citation: 13-4.1-1-3(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 10. Performance Standards › 14-34-10-3. Exemptions

Sec. 3. (a) This section does not apply to the following:
(1) A permittee of a surface coal mining operation that is mining on flat or gently rolling terrain with an occasional slope as described in subsection (b) through which the coal mining operation is to proceed.
(2) A permittee in compliance with section 4 of this chapter.
(b) In addition to the requirements of section 2 of this chapter, a permittee operating a surface coal mining and reclamation operation on a slope of at least twenty degrees (20°), unless the director establishes a lesser slope after consideration of Indiana's soil, climate, and other pertinent characteristics, shall do the following:
(1) Ensure that, when performing surface coal mining on steep slopes, debris, abandoned or disabled equipment, spoil material, or waste mineral matter is not placed on the downslope below the bench or mining cut. However, spoil material exceeding that required for the reconstruction of the approximate original contour under:
(A) section 2(b)(4) of this chapter; or
(B) subdivision (2);
shall be permanently stored under section 2(b)(25) of this chapter.
(2) Complete backfilling with spoil material that:
(A) maintains stability following mining and reclamation; and
(B) completely covers the highwall;
and return the site to the approximate original contour.
(3) Not disturb land above the top of the highwall unless the director finds the disturbance will facilitate compliance with the standards of this chapter. However, the land disturbed above the highwall is limited to that amount necessary to facilitate compliance with those standards.
[Pre-1995 Recodification Citation: 13-4.1-8-2.]
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 10. Performance Standards › 14-34-10-5. Conditions for Variance

Sec. 5. (a) The director may grant a variance from the requirement to restore to approximate original contour set forth in section 3(b)(2) of this chapter if the following conditions exist:
(1) After approval of the appropriate state environmental agencies, the watershed control of the area is improved.
(2) Complete backfilling with spoil materials that maintains stability following mining and reclamation is required to completely cover the highwall.
(3) The owner of the surface knowingly requests in writing, as a part of the permit application, that a variance be granted so as to make the land, after reclamation, suitable for an industrial, a commercial, a residential, a public, or a recreational use.
(4) After consultation with the appropriate land use planning agencies, if any:
(A) the potential use of the affected land constitutes an equal or a better economic or public use; and
(B) the variance is designed and certified by a professional engineer licensed under IC 25-31 and is in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.
(b) With respect to a variance granted under subsection (a) or under IC 13-4.1-8-4(a) (before its repeal) and in addition to other requirements the commission establishes by rule, the director shall require the following:
(1) Only the amount of spoil will be placed off the mine bench as is necessary to achieve the planned postmining land use.
(2) Stability of the spoil retained on the bench is ensured.
(3) All spoil placement off the mine bench must comply with section 2(b)(25) of this chapter.
(c) The director shall review all exceptions granted under this section not more than three (3) years after the date of issuance of the permit unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.
[Pre-1995 Recodification Citation: 13-4.1-8-4.]
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 11. Surface Effects of Underground Coal Mining › 14-34-11-2. Suspension of Mining to Protect Land Stability

Sec. 2. To protect the stability of the land, the director shall suspend underground coal mining:
(1) under urbanized areas, cities, towns, and communities; and
(2) adjacent to industrial or commercial buildings, major impoundments, or permanent streams;
if the director finds an imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.
[Pre-1995 Recodification Citation: 13-4.1-9-2.]
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 11. Surface Effects of Underground Coal Mining › 14-34-11-3. Damage to Buildings or Water

Sec. 3. (a) As used in this section, "compensate" means to provide an amount equal to the full amount of the diminution in value resulting from the subsidence described in subsection (c)(1). The term includes the purchase, before the commencement of mining operations, of a noncancellable premium-prepaid insurance policy.
(b) As used in this section, "repair" includes rehabilitation, restoration, and replacement.
(c) The operator of an underground coal mining operation conducted after June 30, 1994, shall do the following:
(1) Promptly repair or compensate for material damage resulting from subsidence caused to:
(A) any occupied residential dwelling and any structure related to the occupied residential dwelling; or
(B) any noncommercial building;
due to the operator's underground coal mining operation.
(2) Promptly replace any drinking, domestic, or residential water supply from a well or spring that:
(A) was in existence before the filing of the operator's application for a surface coal mining and reclamation permit; and
(B) has been affected by contamination, diminution, or interruption resulting from the operator's underground coal mining operation.
[Pre-1995 Recodification Citation: 13-4.1-9-2.5.]
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 11. Surface Effects of Underground Coal Mining › 14-34-11-4. Modification of Permits and Bonds

Sec. 4. All provisions of this article apply to surface impacts incident to an underground coal mine. However, the director may modify the:
(1) permit application requirements;
(2) permit approval or denial procedures; and
(3) bond requirements;
to accommodate the distinct difference between surface coal mining and underground coal mining.
[Pre-1995 Recodification Citation: 13-4.1-9-3.]
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 12. Blasting › 14-34-12-1. Rules Regarding Training, Examination, and Certification

Sec. 1. The commission shall adopt rules that require the:
(1) training;
(2) examination; and
(3) certification;
of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining.
[Pre-1995 Recodification Citation: 13-4.1-10-1.]
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 12. Blasting › 14-34-12-2. Adoption of Rules Regarding Blasting

Sec. 2. The commission shall adopt rules to do the following:
(1) Require the permittee to provide reasonable advance written notice to local governments and residents who might be affected by the use of the explosives by:
(A) publication of the planned blasting schedule in a newspaper of general circulation in the county in which the blasting will occur;
(B) mailing a copy of the proposed blasting schedule to every resident living within one-half (1/2) mile of the proposed blasting site; and
(C) providing daily notice to persons living in the areas before any blasting.
(2) Require the permittee to maintain for at least three (3) years and make available for public inspection upon request a log detailing the following:
(A) The location of the blasts.
(B) The pattern and depth of the drill holes.
(C) The amount of explosives used per hole.
(D) The order of and length of delay in the blasts.
(3) Limit the type of explosives and detonating equipment and the size, timing, and frequency of the blasts based upon the physical conditions of the site to prevent the following:
(A) Injury to persons.
(B) Damage to public and private property outside the permit area.
(C) Adverse impacts on an underground mine.
(D) Change in the course, channel, or availability of ground or surface water outside the permit area.
(4) Require that all blasting operations are conducted by trained and competent persons certified by the director.
(5) Provide that upon the request of a resident or an owner of a manmade dwelling or structure within one (1) mile of any part of the permitted area, the applicant for the surface coal mining and reclamation permit or the permittee shall conduct a preblasting survey of those structures and submit the survey to the director and a copy to the resident or owner making the request. The director shall determine the area of the survey. The applicant or the permittee shall do the following:
(A) Notify the public, by publication at least one (1) time a week for four (4) consecutive weeks in a local newspaper of general circulation in the county in which the blasting will occur, that the applicant or permittee will conduct a preblasting survey upon request by a resident or an owner of a manmade dwelling or structure within one (1) mile of any part of the permitted area.
(B) Send written notice to each resident or owner of a manmade dwelling or structure within one-half (1/2) mile of any part of the permitted area that the resident or owner is entitled to a preblasting survey upon request.
[Pre-1995 Recodification Citation: 13-4.1-10-2.]
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 12. Blasting › 14-34-12-3. Investigation of Complaints

Sec. 3. Upon receipt of a complaint that blasting operations at surface coal mining operations may be causing damage to a person's property, the director may, if invited, enter upon property of the person making the complaint to investigate the complaint.
[Pre-1995 Recodification Citation: 13-4.1-10-3.]
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 13. Reclamation Fees › 14-34-13-1. Fees Paid by All Operators

Sec. 1. All operators of surface coal mining operations subject to this article shall pay to the department for deposit in the natural resources reclamation division fund established by IC 14-34-14-2 a reclamation fee of five and a half cents ($0.055) per ton of coal produced.
[Pre-1995 Recodification Citation: 13-4.1-3-2(b).]
As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.7; P.L.174-2005, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 13. Reclamation Fees › 14-34-13-2. Fees Paid by Underground Mining Operators

Sec. 2. All operators of underground coal mining operations subject to this article shall pay to the department for deposit in the natural resources reclamation division fund established by IC 14-34-14-2 a reclamation fee of three cents ($0.03) per ton of coal produced.
[Pre-1995 Recodification Citation: 13-4.1-3-2(c).]
As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.8; P.L.155-2002, SEC.10; P.L.174-2005, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 13. Reclamation Fees › 14-34-13-3. Payments of Fees

Sec. 3. The fees required by sections 1 through 2 of this chapter shall be paid:
(1) concurrently with the federal reclamation fee under the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232); and
(2) not later than thirty (30) days after the end of each calendar quarter.
[Pre-1995 Recodification Citation: 13-4.1-3-2(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 14. Reclamation Division Fund › 14-34-14-1. "Fund" Defined

Sec. 1. As used in this chapter, "fund" refers to the natural resources reclamation division fund established by this chapter.
[1995 Recodification Citation: New.]
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 14. Reclamation Division Fund › 14-34-14-2. Purpose

Sec. 2. The natural resources reclamation division fund is established to receive money for the administration of this article. The money in the fund is appropriated for the purposes expressed under this article.
[Pre-1995 Recodification Citation: 13-4.1-3-2(e) 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 14. Reclamation Division Fund › 14-34-14-3. Fund Administration

Sec. 3. The department shall administer the fund.
[Pre-1995 Recodification Citation: 13-4.1-3-2(e) 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 14. Reclamation Division Fund › 14-34-14-4. Investments

Sec. 4. 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.
[Pre-1995 Recodification Citation: 13-4.1-3-2(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 14. Reclamation Division Fund › 14-34-14-5. Money Not Reverting to State General Fund

Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1995 Recodification Citation: 13-4.1-3-2(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 › 14-34-15-1. Duties of Permittees Regarding Records and Reports

Sec. 1. (a) To aid in the enforcement of this article, the director shall require each permittee to establish and maintain the information and records required by the commission by rule.
(b) Each permittee shall do the following:
(1) Perform the following administrative duties:
(A) Establish and maintain appropriate records.
(B) Make monthly reports to the director.
(C) Install, use, and maintain any necessary monitoring equipment or methods.
(D) Evaluate results in accordance with:
(i) the methods;
(ii) the locations;
(iii) the intervals; and
(iv) the manner;
that the director prescribes.
(E) Provide other information relative to surface coal mining and reclamation operations that the department considers reasonable and necessary.
(F) Without delay allow the director or the director's authorized representative to:
(i) have access to or copy any records; and
(ii) inspect any monitoring equipment or method of operation;
required under this article.
(2) Conspicuously maintain at the entrance to the surface coal mining and reclamation operation a clearly visible sign that sets forth the name, business address, phone number, and permit number of the operation.
(3) Allow the director or the director's authorized representative to enter, upon presentation of credentials and without advance notice, the permittee's surface coal mining and reclamation operation. The director or the director's authorized representative has the following:
(A) The right of entry to, upon, or through any surface coal mining and reclamation operation or any premises in which any records required to be maintained under subdivision (1) are located.
(B) At reasonable times and without delay:
(i) access to and authority to copy any records; and
(ii) authority to inspect any monitoring equipment or method of operation;
required under this article.
[Pre-1995 Recodification Citation: 13-4.1-11-1.]
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 15. Inspections, Monitoring, and Enforcement › 14-34-15-2. Operations Removing or Disturbing Strata Serving as Aquifers

Sec. 2. (a) For those surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use either on or off the mining site, the director shall specify the following:
(1) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence.
(2) Monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined.
(3) Records of well logs and borehole data to be maintained.
(4) Monitoring sites to record precipitation.
(b) The monitoring, data collection, and analysis required by this section shall be conducted according to standards and procedures set forth by rules of the commission to assure reliability and validity.
[Pre-1995 Recodification Citation: 13-4.1-11-1.5.]
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 15. Inspections, Monitoring, and Enforcement › 14-34-15-3. Minimum Inspections

Sec. 3. (a) The director shall inspect the surface coal mining and reclamation operation covered by a permit issued under this article on an irregular basis with, at a minimum, the following:
(1) One (1) partial inspection per month.
(2) One (1) complete inspection per calendar quarter.
(b) In addition to the inspections conducted under subsection (a), the director shall inspect the surface coal mining and reclamation operation covered by a permit issued under this article whenever, on the basis of any information available to the director, including receipt of information from any person, the director has reason to believe that the operation is in violation of this article or the commission's rules. The inspection must occur within ten (10) days of receipt of the notification. If the inspection results from information provided by any person, the person may accompany the director on the inspection.
(c) All inspections must occur without prior notice to the permittee or the permittee's agents or employees except for necessary onsite meetings with the permittee.
[Pre-1995 Recodification Citation: 13-4.1-11-2.]
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 15. Inspections, Monitoring, and Enforcement › 14-34-15-4. Inspection Report

Sec. 4. (a) Following completion of the inspections required under section 3 of this chapter, the inspector shall file an inspection report. The inspection report must include information sufficient to allow the director to enforce the requirements and carry out the purposes of this article.
(b) A copy of any record, report, inspection material, or other information obtained under this chapter, other than material designated as confidential under this article, must be available to the public at the following:
(1) The department.
(2) A public library in the county in which the mining operation is located.
[Pre-1995 Recodification Citation: 13-4.1-11-3.]
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 15. Inspections, Monitoring, and Enforcement › 14-34-15-5. Notification of Violations

Sec. 5. (a) If, due to an inspection under section 3 of this chapter, the director or an inspector determines a violation of:
(1) this article; or
(2) a rule adopted under this article;
has occurred, the director or inspector shall notify the permittee in writing of the violation and make a reasonable attempt to verbally notify the permittee upon discovery of the violation.
(b) The written notification must do the following:
(1) Contain a detailed description of each violation.
(2) Fix a reasonable time not exceeding ninety (90) days for abatement of the violation.
(3) Provide an opportunity for a public hearing under section 9 of this chapter.
(c) A notice of violation issued under subsection (a) is effective when served upon the permittee and is governed by IC 4-21.5-3-6. However, the notice of violation is subject to an application for temporary relief under section 9 of this chapter.
[Pre-1995 Recodification Citation: 13-4.1-11-4.]
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 15. Inspections, Monitoring, and Enforcement › 14-34-15-6. Ordered Cessation of Coal Mining and Reclamation Operations

Sec. 6. (a) As used in this section, "imminent danger to the health or safety of the public" means the existence of:
(1) a condition;
(2) a practice; or
(3) a violation of a permit or other requirement of this article;
in a surface coal mining and reclamation operation that could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation is abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the person to the danger during the time necessary for abatement.
(b) If the director or inspector determines that:
(1) a condition or practice exists or a violation of this article or the commission's rules has occurred that:
(A) creates an imminent danger to the health or safety of the public; or
(B) is reasonably expected to cause significant, imminent environmental harm to land, air, or water resources; or
(2) the permittee has not abated the violation within the time set under section 5 of this chapter;
the director shall order the cessation of surface coal mining and reclamation operations or the part relevant to the condition, practice, or violation. In the cessation order, the director shall determine the steps necessary to abate the violation in the most expeditious manner.
(c) If the director or inspector finds that the ordered cessation of surface coal mining and reclamation operations, or any part, will not completely abate:
(1) the imminent danger to health or safety of the public; or
(2) the significant imminent environmental harm to land, air, or water resources;
the director shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the director considers necessary to abate the imminent danger or the significant environmental harm.
(d) The cessation order is effective for thirty (30) days after actual notice of the order is sent to the permittee unless:
(1) the director determines the violation is abated;
(2) the order is modified, vacated, or terminated under section 8 of this chapter; or
(3) an informal public hearing is held in the county in which the surface coal mining and reclamation operation is located, in which case the effectiveness of the order may be more or less than thirty (30) days.
(e) A cessation order issued under subsection (b) is effective when served upon the permittee.
[Pre-1995 Recodification Citations: 13-4.1-1-3(4); 13-4.1-11-5.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 15. Inspections, Monitoring, and Enforcement › 14-34-15-8. Notice or Order Requirements

Sec. 8. (a) The director or inspector, as appropriate, shall sign each written notice or order issued under this chapter and promptly deliver the notice or order to the permittee. The notice or order must set forth with particularity the following:
(1) The nature of the violation.
(2) The remedial action required.
(3) The time established for abatement.
(4) A reasonable description of the part of the surface coal mining and reclamation operation to which the notice or order applies.
(b) The director may modify, vacate, or terminate a notice or order issued under:
(1) this chapter; or
(2) IC 13-4.1-11 (before its repeal).
[Pre-1995 Recodification Citation: 13-4.1-11-7.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 15. Inspections, Monitoring, and Enforcement › 14-34-15-10. Costs and Expenses

Sec. 10. Whenever an order is issued:
(1) under this chapter or under IC 13-4.1-11 (before its repeal); or
(2) as a result of an administrative proceeding under this article or under IC 13-4.1 (before its repeal) instituted at the request of a person;
the court, resulting from judicial review, or the commission may assess against either party to the proceeding an amount of money, determined by the commission, equal to the aggregate amount of all costs and expenses, including attorney's fees, reasonably incurred by the person for or in connection with the person's participation in the proceedings, including any judicial review of agency actions.
[Pre-1995 Recodification Citation: 13-4.1-11-9.]
As added by P.L.1-1995, SEC.27.