reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-4. Renewal of Permit

Sec. 4. (a) A permittee may, within one hundred twenty (120) days before expiration of the current permit, apply to the director for renewal of a permit for a period not to exceed the validity period provided for in section 1 of this chapter.
(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and IC 14-34-4-11, the director shall issue a renewal permit for the area within the existing permit unless it is established by opponents of the permit renewal and written findings are made by the director that any of the following conditions exist:
(1) The terms and conditions of the existing permit were not satisfactorily met.
(2) The present surface coal mining and reclamation operation does not comply with IC 14-34-10.
(3) The renewal request substantially jeopardizes the operator's continuing responsibility on existing permit areas.
(4) The operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for a renewal requested in the application as well as an additional bond the director requires under IC 14-34-6.
(5) The permittee has not provided the director with required additional revised or updated information.
(c) If an application for renewal of a valid permit includes a proposal to extend the surface coal mining and reclamation operation beyond the boundaries authorized in the existing permit, the part of the application for renewal that addresses new land areas is subject to the full standards applicable to new applications under this article.
[Pre-1995 Recodification Citation: 13-4.1-5-4.]
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 5. Permit Terms › 14-34-5-5. Revision of Permit

Sec. 5. (a) During the term of the permit, the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the director. However, except for incidental boundary revisions, a new permit is required for any extensions to the permit area.
(b) The director may not approve an application for a permit revision unless the director finds the following:
(1) Reclamation required by this article can be accomplished under the revised reclamation plan.
(2) The permittee has complied with:
(A) IC 13-4.1-4 (before its repeal); or
(B) IC 14-34-4.
(c) The director shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures apply.
[Pre-1995 Recodification Citation: 13-4.1-5-5.]
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 5. Permit Terms › 14-34-5-6. Repealed

[Pre-1995 Recodification Citation: 13-4.1-5-5.1.]
As added by P.L.1-1995, SEC.27. Repealed by P.L.75-1998, SEC.14.)
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-7. Change in Reclamation Plan; Approval

Sec. 7. (a) A change in mining or reclamation operations from the approved mining and reclamation plans that would adversely affect the permittee's compliance with this article is a permit revision subject to review and approval as provided in this section and sections 8 through 8.4 of this chapter.
(b) A permit revision is either:
(1) a significant revision subject to sections 8 and 8.1 of this chapter;
(2) a nonsignificant revision subject to sections 8.2 and 8.3 of this chapter; or
(3) a minor field revision subject to section 8.4 of this chapter.
(c) Permit revisions may be approved by:
(1) the director; or
(2) the director's designated representative.
(d) A permit revision may not be approved unless the permittee demonstrates and the director or the director's designated representative finds the following:
(1) That reclamation as required by this article and by the rules adopted by the commission under IC 14-34-2-1 can be accomplished.
(2) That applicable requirements of IC 14-34-4-7 that are pertinent to the permit revision are met.
(3) That the permit revision complies with all applicable requirements of this article and the rules adopted by the commission under IC 14-34-2-1.
[Pre-1995 Recodification Citation: 13-4.1-5-5.2.]
As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-8. Revision of Permit; Notice and Hearing Requirements

Sec. 8. (a) Unless an application for revision of a permit submitted under section 5 of this chapter is based only on nonsignificant revisions or minor field revisions, the application may be approved only after the notice and hearing requirements of this article for issuance of a permit have been fulfilled.
(b) The director may impose other conditions for approval of the application.
[Pre-1995 Recodification Citation: 13-4.1-5-5.3.]
As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-8.1. Significant Revision; Determination

Sec. 8.1. For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is significant if any of the following conditions exists:
(1) The changes may result in an adverse impact beyond that previously considered, affecting cultural resources that are listed on or eligible to be listed on:
(A) the National Register of Historic Places; or
(B) the register of Indiana historic sites and historic structures established under IC 14-21-1.
(2) Blasting will be used in a manner that is likely to cause adverse impacts beyond that previously considered to persons or property outside the permit area.
(3) The changes may result in an adverse impact beyond that previously considered, affecting a water supply to which IC 14-25-4 applies.
(4) The changes:
(A) require the identification, disturbance, or handling of toxic forming or acid forming materials different from those previously considered; and
(B) have the potential for causing an additional impact not previously considered.
(5) The changes may result in an adverse impact on fish, wildlife, and related environmental values beyond that previously considered.
(6) The addition of:
(A) a coal processing facility; or
(B) a permanent support facility;
is proposed, and the addition of the facility will cause an impact not previously considered, except that the addition of a temporary coal processing facility used exclusively for crushing and screening need not be considered a significant revision.
(7) The changes will cause:
(A) a new or an updated probable hydrologic consequences determination; or
(B) a cumulative hydrologic impact analysis to be required under IC 14-34-3-3.
(8) A postmining land use will be changed to any of the following:
(A) A residential land use.
(B) A commercial or industrial land use.
(C) A recreational land use.
(D) Developed water resources as defined in rules adopted by the commission under IC 14-34-2-1 that meet the size criteria of 30 CFR 77.216(a).
As added by P.L.75-1998, SEC.8. Amended by P.L.1-1999, SEC.41.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-8.2. Nonsignificant Revision; Determination

Sec. 8.2. For purposes of sections 7, 8, and 8.3 of this chapter, a proposed permit revision is nonsignificant if any of the following conditions exist:
(1) For surface mines, changes of the:
(A) direction of mining; or
(B) location of mining equipment;
within the permit area.
(2) The substitution of mining equipment designed for the same purpose, the use of which is not detrimental to the achievement of final reclamation or subsidence control.
(3) For underground mines, any change in the direction or location of mining within the permit area or shadow area in response to unanticipated events.
(4) A postmining land use change other than a change described in section 8.1(8) of this chapter.
(5) Any other change in the mining or reclamation plan that the director reasonably determines:
(A) will not have a significant effect:
(i) on the achievement of final reclamation plans under IC 14-34-3-12;
(ii) on subsidence control plans; and
(iii) on the surrounding area;
(B) does not involve significant delay in achieving final reclamation or significant change in the land use; or
(C) is necessitated by unanticipated and unusually adverse weather conditions, other acts of God, strikes, or other causes beyond the reasonable control of the permittee, if all steps specified by the director to maximize environmental protection are taken.
As added by P.L.75-1998, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-8.3. Review and Approval of Nonsignificant Revisions

Sec. 8.3. A nonsignificant revision in a mining or reclamation plan must be:
(1) reviewed; and
(2) approved in writing;
by the director before it may be implemented.
As added by P.L.75-1998, SEC.10.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-8.4. Minor Field Revision; Determination and Approval

Sec. 8.4. (a) For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is a minor field revision if the proposed change:
(1) does not require technical review or design analysis; and
(2) is capable of being evaluated in the field by the director's designated delegate for compliance with the requirements of section 7(d) of this chapter.
(b) A minor field revision may be approved by a field inspector in an inspection report or on a form signed in the field.
(c) A minor field revision approved under this section:
(1) must be properly documented and separately filed; and
(2) may include the following:
(A) Soil stockpile location and configurations.
(B) As-built pond certifications.
(C) Minor transportation facilities changes.
(D) Any of the following for a pond:
(i) Depth.
(ii) Shape.
(iii) Orientation.
(E) An area for temporary drainage control or temporary water storage.
(F) Equipment changes.
(G) Explosive storage areas.
(H) Minor mine management or support facility locations (except for the disposal or storage of refuse).
(I) Adding United States Natural Resources Conservation Service conservation practices.
(J) Methods of erosion protection on diversions.
(K) Temporary cessation of mining.
(L) Minor diversion location changes.
As added by P.L.75-1998, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-8.5. Application for Extension of Area Covered by Permit

Sec. 8.5. An extension of the area covered by a permit, except for an incidental boundary revision under section 8.6 of this chapter, must be made by applying for a new permit.
As added by P.L.75-1998, SEC.12.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-9. Review of Outstanding Permits

Sec. 9. The director shall, within a time prescribed by rule, review outstanding permits. The director may require reasonable revision or modification of the permit provisions during the term of the permit if the revision or modification is based upon a written finding and is subject to the notice and hearing requirements established by IC 14-34-4.
[Pre-1995 Recodification Citation: 13-4.1-5-6.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-10. Annual Report

Sec. 10. A permittee must submit to the department an annual report that reflects the status of the permittee's mining and reclamation activities for each permit. The form, content, and date of filing of the report required by this section shall be prescribed by rule adopted under IC 4-22-2.
[Pre-1995 Recodification Citation: 13-4.1-5-7.]
As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 5. Permit Terms › 14-34-5-11. Suspension or Revocation of Permit

Sec. 11. The director may suspend or revoke the permit of a permittee that does not revise a permit as required by the director before the expiration of the time fixed to effect the revision.
[Pre-1995 Recodification Citation: 13-4.1-5-8.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-1. Bond Requirements

Sec. 1. (a) After a surface coal mining and reclamation permit application is approved but before the permit is issued, the applicant must file with the director, on a form prescribed and furnished by the director, a bond for performance payable to the state and conditional upon faithful performance of all the requirements of this article and of the permit. The bond must cover the area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit.
(b) As succeeding increments of surface coal mining and reclamation operations are initiated and conducted within the permit area, the permittee must file with the director an additional bond to cover those increments in accordance with this chapter.
(c) If a permittee files a bond that becomes unacceptable under section 4 of this chapter, the permittee must file an acceptable bond as required by the director.
[Pre-1995 Recodification Citation: 13-4.1-6-1.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-2. Bond Amount

Sec. 2. (a) The director shall determine the amount of the bond required for each bonded area. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the director if forfeiture occurs. However, the bond amount may not be less than ten thousand dollars ($10,000).
(b) In making a determination of bond amount, the director shall consider the following:
(1) The reclamation requirements of the approved permit.
(2) The probable difficulty of reclamation due to factors such as the following:
(A) Topography.
(B) Geology of the site.
(C) Hydrology.
(D) Revegetation potential.
(3) The history of mining and reclamation activities of the applicant.
[Pre-1995 Recodification Citation: 13-4.1-6-2.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-3. Liability Under Bond

Sec. 3. Liability under the bond extends for:
(1) the duration of the surface coal mining and reclamation operation; and
(2) a period coincident with the operator's responsibility for revegetation requirements in IC 14-34-10.
[Pre-1995 Recodification Citation: 13-4.1-6-3.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-4. Execution of Bond

Sec. 4. The operator and a corporate surety:
(1) licensed to do business in Indiana; and
(2) recognized by the treasurer of state as holding a certificate of authority from the United States Department of the Treasury as an acceptable surety on federal bonds;
shall execute the bond.
[Pre-1995 Recodification Citation: 13-4.1-6-4.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-5. Options Instead of Bond

Sec. 5. (a) Instead of a bond, an operator may elect to deposit:
(1) cash;
(2) negotiable bonds of the United States government or of Indiana; or
(3) negotiable certificates of deposit or letters of credit of a bank organized or transacting business in the United States;
in an amount or that has a market value equal to or greater than the amount of the bond required for the bonded area under the same terms and conditions upon which surety bonds are deposited.
(b) In the alternative, the director may accept the applicant's own bond without separate surety if the applicant demonstrates to the satisfaction of the department under IC 14-34-7 the following:
(1) The existence of a suitable agent to receive service of process.
(2) A history of financial solvency and continuous operation sufficient for authorization to self insure or bond the amount.
[Pre-1995 Recodification Citation: 13-4.1-6-5.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-6. Adjustment of Bond or Deposit Amount

Sec. 6. The director shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond periodically as:
(1) affected land acreages are increased or decreased;
(2) changes occur in the cost of future reclamation; or
(3) significant changes occur in the history of the mining and reclamation activities of the applicant.
[Pre-1995 Recodification Citation: 13-4.1-6-6.]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-7. Release of Bond or Deposit; Publication of Notice

Sec. 7. (a) After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or deposit. As part of the bond release application, the permittee must do the following:
(1) Submit copies of letters that the permittee has sent by certified mail to:
(A) adjoining property owners;
(B) local government bodies;
(C) planning agencies;
(D) sewage and water treatment authorities; or
(E) water companies;
in the county in which the surface coal mining and reclamation operation is located notifying the entities of the bond release application.
(2) Within thirty (30) days after filing the bond release application, submit a copy of an advertisement placed at least one (1) time a week for four (4) successive weeks in a newspaper of general circulation in the county in which the surface coal mining and reclamation operation is located. The advertisement must contain the following:
(A) A notification of the precise location of the land affected.
(B) The number of acres.
(C) The permit and the date of approval.
(D) The amount of the bond filed and the part sought to be released.
(E) The type and appropriate dates of reclamation work performed.
(F) A description of the results achieved relating to the operator's approved reclamation plan.
(b) The director may initiate an application for the release of a bond. If a bond release application is initiated by the director, the department shall perform the notification and certification requirements otherwise imposed on the permittee under this section and section 8 of this chapter. However, the department may provide notice by publication under subsection (a)(2):
(1) with each publication of notice in the newspaper described in subsection (a)(2); or
(2) with the first publication of notice in the newspaper described in subsection (a)(2) and the three (3) subsequent publications of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county in which the surface coal mining and reclamation operation is located.
[Pre-1995 Recodification Citation: 13-4.1-6-7(a).]
As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.26; P.L.152-2021, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-8. Bond Release Application; Notification

Sec. 8. If an application for total or partial bond release is filed with the director, the director shall notify appropriate:
(1) local governmental bodies;
(2) planning agencies;
(3) sewage and water treatment authorities; or
(4) water companies;
in the county in which the surface coal mining operation is located by certified mail at least thirty (30) days before the release of all or a part of the bond.
[Pre-1995 Recodification Citation: 13-4.1-6-7(b).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-9. Inspection and Evaluation

Sec. 9. Within thirty (30) days of receipt of a bond release application, the director shall conduct an inspection and evaluation of the reclamation work involved. The evaluation must include the following:
(1) The degree of difficulty to complete a remaining reclamation.
(2) Whether pollution of surface and subsurface water is occurring.
(3) The probability of continuance or future occurrence of the pollution.
(4) The estimated cost of abating the pollution.
[Pre-1995 Recodification Citation: 13-4.1-6-7(c).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-10. Written Objections; Request for Public Hearing

Sec. 10. (a) This section applies to the following:
(1) A person with a legal interest that might be adversely affected by release of a bond.
(2) The responsible officer or head of a federal, state, or local governmental agency that:
(A) has jurisdiction by law or special expertise with respect to an environmental, a social, or an economic impact involved in the operation; or
(B) may develop and enforce environmental standards with respect to those operations.
(b) A person described in subsection (a) may do the following:
(1) File written objections to the proposed release from bond with the director.
(2) Request a public hearing within thirty (30) days after the last publication of the notice required by section 7 of this chapter.
[Pre-1995 Recodification Citation: 13-4.1-6-7(d).]
As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-11. Public Hearing

Sec. 11. (a) If written objections are filed and a hearing requested under section 10 of this chapter, the director shall do the following:
(1) Inform all the interested parties of the date, time, and location of the hearing.
(2) Publish notice of the information one (1) time each week for two (2) consecutive weeks:
(A) with each publication of notice in a newspaper of general circulation in the county where the surface coal mining and reclamation operation proposed for bond release is located; or
(B) with the first publication of notice in the newspaper described in clause (A) and the second publication of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the county where the surface coal mining and reclamation operation proposed for bond release is located.
(b) The director shall hold the public hearing in accordance with IC 14-34-4-5:
(1) in the county where the surface coal mining and reclamation operation proposed for bond release is located; or
(2) at the state capital;
at the option of the objector, within thirty (30) days of the request for the hearing.
(c) At a hearing held under this section, the director may inspect the land affected and other surface coal mining operations carried on by the applicant in the vicinity.
(d) The director shall notify the permittee in writing of the decision and findings of the hearing within thirty (30) days of the completion of the hearing.
(e) The director's decision is subject to IC 4-21.5.
[Pre-1995 Recodification Citation: 13-4.1-6-7(e).]
As added by P.L.1-1995, SEC.27. Amended by P.L.152-2021, SEC.25.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-12. Informal Conference

Sec. 12. Without prejudice to the rights of the objectors under section 10 of this chapter or the applicant, the director may provide for an informal conference to resolve the written objections.
[Pre-1995 Recodification Citation: 13-4.1-6-7(f).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-13. Schedule for Release of Bond or Deposit

Sec. 13. The director may release the bond, deposit, or letter of credit in whole or in part if the director is satisfied that the reclamation covered by the bond or deposit or part of the bond or deposit has been accomplished as required by this article according to the following schedule:
(1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the approved reclamation plan, the release of sixty percent (60%) of the bond or collateral for the applicable permit area.
(2) After revegetation is established on the regraded mined land in accordance with the approved reclamation plan. When determining the amount of bond to be released after successful revegetation has been established, the director shall retain the amount of bond for the revegetated area that would be sufficient for a third party to cover the cost of establishing revegetation and for the period specified for operator responsibility in IC 14-34-10 of establishing revegetation. The director may not release a part of the bond or deposit under this subdivision:
(A) if the land to which the release would be applicable is contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements set forth in IC 14-34-10-2(b)(13); or
(B) until soil productivity for prime farmland has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under IC 14-34-3-3(16).
If a silt dam is to be retained as a permanent impoundment under IC 14-34-10-2(b)(11), the appropriate part of the bond may be released under this subdivision if provisions for sound future maintenance by the operator or the landowner are made with the director.
(3) When the operator has successfully completed all surface coal mining and reclamation activities, the release of the remaining part of the bond, but not before the expiration of the period specified for operator responsibility in IC 14-34-10. However, the director may not fully release a bond or deposit until all reclamation requirements of this article are fully met.
[Pre-1995 Recodification Citation: 13-4.1-6-7(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 6. Bonding › 14-34-6-14. Notification of Decision

Sec. 14. (a) If a public hearing requested under section 10 of this chapter is not held, the director shall notify the permittee in writing of the decision on the application or bond release within sixty (60) days of the filing of the application.
(b) If the director disapproves the application for release of the bond or part of the bond, the director shall notify the permittee, in writing, stating the following:
(1) The reasons for disapproval.
(2) A recommendation as to the corrective actions necessary to secure the release.
(3) Allowing an opportunity for a public hearing in accordance with IC 4-21.5-3.
[Pre-1995 Recodification Citation: 13-4.1-6-7(h).]
As added by P.L.1-1995, SEC.27.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-14.3. Release of Bond Covering Undisturbed Area

Sec. 14.3. The director may release the bond, deposit, or letter of credit covering an area that has not been disturbed by surface coal mining activities. A release under this subsection is not subject to the public notice and hearing requirements set forth in sections 7 through 14 of this chapter.
As added by P.L.176-1995, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-14.6. Release of Bond Covering Disturbed Area

Sec. 14.6. (a) This section applies when an applicant or permittee submits a bond, deposit, or letter of credit covering an area that:
(1) has been disturbed by surface coal mining activities; and
(2) is covered by another bond, deposit, or letter of credit previously submitted by another permittee.
(b) Except as provided in subsection (c), in a situation described in subsection (a):
(1) the bond, deposit, or letter of credit previously submitted shall be released when the director accepts the bond, deposit, or letter of credit submitted by the applicant or permittee; and
(2) the bond, deposit, or letter of credit submitted by the applicant or permittee:
(A) is subject to the standards set forth in sections 7 through 14 of this chapter; and
(B) may not be released under section 14.3 of this chapter.
(c) If two (2) or more persons who are applicants or permittees each file a bond, deposit, or letter of credit covering the same area, the persons may enter into a written agreement that allocates responsibility among the persons for the reclamation of the area. If the agreement is approved by the director, the agreement governs the respective responsibilities of the persons for the reclamation of the area.
As added by P.L.176-1995, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-15. Abandoned Mine Reclamation Fund

Sec. 15. (a) As used in this section, "fund" refers to the post-1977 abandoned mine reclamation fund established by this section.
(b) The post-1977 abandoned mine reclamation fund is established. The fund consists of bond forfeiture money collected under section 16 of this chapter and the civil penalties described in IC 14-34-16-9. Unless the prior approval of the general assembly is given for another use, the fund may be used only as follows:
(1) To effect the restoration of land:
(A) that is not otherwise eligible for restoration through federal funding; and
(B) that has been affected by surface coal mining operations that occurred after August 3, 1977.
(2) To replace domestic water supplies disrupted or affected by a surface coal mining and reclamation operation, including the disposal of coal combustion waste, where the surface coal mining and reclamation operation has been completed and is no longer subject to IC 14-34.
(c) At least five hundred thousand dollars ($500,000) in the fund is dedicated as collateral for the bond pool under IC 14-34-8 and may not be used for the restoration of land or replacement of water described in subsection (b).
(d) 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.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1995 Recodification Citation: 13-4.1-6-8.]
As added by P.L.1-1995, SEC.27. Amended by P.L.63-1999, SEC.1; P.L.101-2016, SEC.1; P.L.9-2022, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 6. Bonding › 14-34-6-16. Forfeiture of Bond

Sec. 16. (a) The director may order the forfeiture of all or part of a bond for a permit area or an increment of a permit area, regardless of whether the entire area has been disturbed by surface mining activities, if:
(1) the permittee does not conduct reclamation operations in accordance with the applicable reclamation plan; or
(2) the permittee does not fulfill at least one (1) of the conditions under which the bond was posted.
(b) An order issued under subsection (a) or under IC 13-4.1-6-9(a) (before its repeal) is subject to IC 4-21.5-3-6 and becomes an effective and final order of the director without a proceeding if a request for review of the order is not filed with the director within fifteen (15) days after the order is served upon:
(1) the permittee; and
(2) the person that executed the permittee's bond or other performance guarantee if the permittee filed a bond or other performance guarantee under this chapter.
(c) If the forfeited bond is insufficient to pay the entire cost of reclamation, the permittee shall pay the uncompensated balance necessary for complete reclamation as determined by the director.
(d) If the amount of the forfeited bond exceeds the amount necessary for complete restoration, the excess amount shall be returned by the director to the person from whom the amount was received.
(e) A person who has forfeited a bond may not be given a permit until:
(1) the land subject to the forfeiture has been reclaimed without cost to the state; or
(2) the department has received an amount of money equal to the amount determined by the director to be necessary to reclaim the land.
(f) Money collected under this section is appropriated and allotted to the department, at the time of deposit, for restoration of the site from which the bond was forfeited.
[Pre-1995 Recodification Citation: 13-4.1-6-9.]
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 7. Self-Bonding › 14-34-7-0.5. "Collateral" Defined

Sec. 0.5. As used in this chapter, "collateral" means the actual or constructive deposit, as appropriate, with the director of one (1) or more of the following types of property in support of a self-bond:
(1) A perfected, first-lien security interest in favor of the department of natural resources in real property located in Indiana that meets the requirements of this chapter.
(2) Securities backed by the full faith and credit of the United States government, or state government securities, that are:
(A) acceptable to;
(B) endorsed to the order of; and
(C) placed in the possession of;
the director.
(3) Personal property that is located in Indiana and owned by the applicant, the market value of which is more than one million dollars ($1,000,000) per property unit.
As added by P.L.176-1995, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-0.6. "Comparative Balance Sheet" Defined

Sec. 0.6. As used in this chapter, "comparative balance sheet" means item accounts from a number of the operator's successive yearly balance sheets arranged side by side in a single statement.
As added by P.L.176-1995, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-0.7. "Comparative Income Statement" Defined

Sec. 0.7. As used in this chapter, "comparative income statement" means an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement.
As added by P.L.176-1995, SEC.10.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-1. "Liabilities" Defined

Sec. 1. As used in this chapter, "liabilities" means obligations to transfer assets or provide services to other entities in the future as a result of past transactions. The term does not include amounts that are required to be recorded for financial accounting purposes under Statement of Financial Accounting Standards number 106 issued by the Financial Accounting Standards Board and effective December 1990.
[Pre-1995 Recodification Citation: 13-4.1-6.3-5.]
As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-2. "Net Worth" Defined

Sec. 2. As used in this chapter, "net worth":
(1) means:
(A) total assets; minus
(B) total liabilities; and
(2) is equivalent to owners' equity.
[Pre-1995 Recodification Citation: 13-4.1-6.3-6.]
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 7. Self-Bonding › 14-34-7-2.5. "Surface Mining Control and Reclamation Act" Defined

Sec. 2.5. As used in this chapter, "Surface Mining Control and Reclamation Act" means the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
As added by P.L.176-1995, SEC.12.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-3. "Tangible Net Worth" Defined

Sec. 3. As used in this chapter, "tangible net worth" means:
(1) net worth; minus
(2) intangibles such as goodwill and rights to patents or royalties.
[Pre-1995 Recodification Citation: 13-4.1-6.3-7.]
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 7. Self-Bonding › 14-34-7-4.1. Method of Replacement of Self-Bonds

Sec. 4.1. (a) Before January 1, 1996, all self-bonds in effect on July 1, 1995, must be replaced in one (1) of the following ways:
(1) The self-bond may be replaced by another form of bond allowed under IC 13-4.1-6.
(2) The self-bonded permittee may reapply for self-bonding under this chapter.
(b) If the application of a permittee submitted under subsection (a)(2) is not accepted, the permittee must replace its self-bond with another form of bond allowed under IC 14-34-6.
As added by P.L.176-1995, SEC.14.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-5. "Corporate Guarantee" Defined

Sec. 5. (a) A written guarantee accepted under this section is referred to as a "corporate guarantee".
(b) The director may accept a corporate guarantee for an applicant's self-bond from a corporate guarantor if, at the time the self-bond is accepted, the following conditions are met:
(1) The guarantee is in writing.
(2) The applicant satisfies the requirements of section 4(d)(1), 4(d)(2), and 4(d)(8) of this chapter.
(3) The guarantor meets the conditions imposed upon an applicant under section 4 of this chapter.
(c) The terms of a corporate guarantee must provide for the following:
(1) If the applicant fails to complete the reclamation plan, the guarantor shall complete the reclamation plan or the guarantor is liable under the indemnity agreement to provide money to the department sufficient to complete the reclamation plan, but not to exceed the bond amount.
(2) The corporate guarantee remains in force unless:
(A) the guarantor sends notice of cancellation by certified mail to:
(i) the applicant; and
(ii) the director;
at least ninety (90) days before the cancellation date; and
(B) the director accepts the cancellation.
(3) A notice of cancellation of a corporate guarantee may be accepted by the director if:
(A) the applicant obtains a suitable replacement bond allowed under IC 13-4.1-6 (before its repeal) or IC 14-34-6 before the cancellation date; or
(B) the land or parts of the land for which the self-bond was accepted have not been disturbed.
[Pre-1995 Recodification Citation: 13-4.1-6.3-9.]
As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-6. Self-Bond or Corporate Guarantee; Percentage of Net Worth

Sec. 6. (a) For the director to accept an applicant's self-bond, the total amount of the outstanding and proposed self-bonds of the applicant for surface coal mining and reclamation operations in the United States may not exceed twenty-five percent (25%) of the applicant's tangible net worth in the United States.
(b) For the director to accept a corporate guarantee, the total amount of the corporate guarantor's present and proposed self-bonds and guaranteed self-bonds for surface coal mining and reclamation operations in the United States may not exceed twenty-five percent (25%) of the guarantor's tangible net worth in the United States.
[Pre-1995 Recodification Citation: 13-4.1-6.3-10.]
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 7. Self-Bonding › 14-34-7-7. Indemnity Agreement

Sec. 7. If the director accepts an applicant's self-bond, an indemnity agreement shall be submitted to the director. The indemnity agreement must meet the following requirements:
(1) The indemnity agreement must provide in express terms that the persons or parties bound by the agreement are liable to the director for all costs incurred by the director:
(A) in pursuing forfeiture of any self-bonds posted by the permittee for whom the indemnity agreement was submitted; and
(B) in reclaiming those areas at which the permittee for whom the indemnity agreement was submitted retains excess monetary liability to the director under IC 14-34-6-16(c).
(2) The indemnity agreement must:
(A) be executed by all persons and parties who are to be bound by the agreement, including the corporate guarantor; and
(B) bind each party jointly and severally.
(3) A corporation applying for a self-bond and a corporate guarantor guaranteeing a self-bond must submit an indemnity agreement signed by two (2) corporate officers who are authorized to bind the corporation. The director must be given a copy of the authorization and an affidavit certifying that the indemnity agreement is valid under all applicable state and federal laws. A corporate guarantor must give the director a copy of the corporate authorization demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement.
(4) If the applicant is a partnership, joint venture, or syndicate, the agreement must bind each partner or party who has a beneficial interest, directly or indirectly, in the applicant.
(5) The applicant or corporate guarantor must complete the approved reclamation plan for the land as to which a bond has been forfeited for failure to reclaim or pay to the director an amount necessary to complete the approved reclamation plan, not to exceed the bond amount.
(6) All bonds and guarantees must be indemnified corporately and personally by all principals.
[Pre-1995 Recodification Citation: 13-4.1-6.3-11.]
As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-8. Updated Information for Self-Bond or Corporate Guarantee

Sec. 8. The director shall require self-bonded applicants and corporate guarantors to submit:
(1) an update of the information required under section 4(d)(7), 4(d)(8), and 4(f) of this chapter within ninety (90) days after the close of each fiscal year; and
(2) information required under section 4(d)(8)(B) of this chapter on a quarterly basis not later than sixty (60) days after the end of each quarter;
following the issuance of the self-bond or corporate guarantee.
[Pre-1995 Recodification Citation: 13-4.1-6.3-12.]
As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-9. Change in Financial Condition

Sec. 9. (a) If at any time during the period when a self-bond is posted, the financial conditions of the applicant or the corporate guarantor change so that the criteria of sections 4(d)(7), 4(f), and 6 of this chapter are no longer satisfied, the permittee shall do the following:
(1) Notify the director immediately.
(2) Within ninety (90) days of the change in financial condition post an alternate form of bond in the same amount as the self-bond.
(b) If the applicant does not post an alternate form of bond within ninety (90) days of the change in financial condition, the applicant must cease coal extraction and immediately begin reclamation.
[Pre-1995 Recodification Citation: 13-4.1-6.3-13.]
As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 34. Surface Coal Mining and Reclamation › Chapter 7. Self-Bonding › 14-34-7-10. Report of Public Accounting Consultant

Sec. 10. (a) An applicant shall submit, in addition to the financial information required under section 4 of this chapter, a report prepared by a qualified independent public accounting consultant selected from a list of public accounting consultants approved by the director. The director shall consider the information in the report when deciding whether to accept the self-bond of an applicant.
(b) The director may also require reports described in subsection (a) after the director accepts the applicant's self-bond, but not more than one (1) time every three (3) years while the self-bond is posted, except as provided in subsection (d).
(c) A consultant who prepares a report under this section must:
(1) verify that the financial information required under section 4 of this chapter was prepared in accordance with generally accepted accounting principles;
(2) verify that the accounting principles referred to in subdivision (1) were applied consistently for each year of the period for which the information is submitted;
(3) state the amount of, and reason for, any restatement of the financial information referred to in subdivision (1) that is necessary to meet the requirements of subdivision (2); and
(4) state whether any information reviewed during the preparation of the report would lead the consultant to conclude that the applicant would not meet the requirements of section 4 of this chapter at the end of each of the three (3) fiscal years ending after the calendar month in which the report is completed.
(d) If the consultant who prepares a report under this section is unable to provide the information required by subsection (c)(4), the applicant for whom the report is prepared shall submit an updated report annually.
(e) An applicant shall submit a report required under this section not later than ninety (90) days after the director notifies the applicant or permittee that the report is required.
(f) If an applicant fails to submit a report required under subsection (a), the director shall refuse to accept the self-bond of the applicant until the applicant files the report.
(g) If a permittee who has posted a self-bond under this chapter fails to submit a report required under subsection (b), the director may require the permittee to post an alternate form of bond not later than ninety (90) days after the deadline for the submission of the report.
As added by P.L.176-1995, SEC.20.