reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-87 - "Occupied dwelling" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 87.
"Occupied dwelling" means any building that is currently
				  being used on a regular or temporary basis for human habitation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-88 - "Occupied residential dwelling and structures related thereto" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 701.5
Sec. 88.
"Occupied residential dwelling and structures related
				  thereto" means, for purposes of
				  312
				  IAC 25-4-91 and
				  312
				  IAC 25-6-123, any building or other structure that, at
				  the time the subsidence occurs is used either temporarily, occasionally,
				  seasonally, or permanently for human habitation. The term also includes any
				  building, structure, or facility installed on, above, below, or in a
				  combination thereof, the land surface if that building, structure, or facility
				  is adjunct to or used in connection with an occupied residential dwelling.
				  Examples of such structures include, but are not limited to, the
				  following:
(1) Garages.
(2) Storage sheds and barns.
(3) Greenhouses and related
				buildings.
(4) Utilities and
				cables.
(5) Fences and other
				enclosures.
(6) Retaining
				walls.
(7) Paved or improved
				patios.
(8) Walks and
				driveways.
(9) Septic sewage
				treatment facilities.
(10) Lot
				drainage and lawn and garden irrigation systems.
Any structure used only for commercial agricultural,
				  industrial, retail, or other commercial purposes is excluded.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-89 - "Operator" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 89.
"Operator" means any person, partnership, or corporation
				  engaged in coal mining who removes or intends to remove more than two hundred
				  fifty (250) tons of coal from the earth or from coal refuse piles by coal
				  mining within twelve (12) consecutive calendar months in any one (1) location.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-90 - "Other minerals" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 90.
"Other minerals" means, for the purpose of
				  312
				  IAC 25-2-4 through
				  312
				  IAC 25-2-12, any commercially valuable substance mined
				  for its mineral value, excluding coal, topsoil, waste, and fill material.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-91 - "Other treatment facilities" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 91.
"Other treatment facilities" means any chemical treatments,
				  such as flocculation or neutralization, or mechanical structures, such as
				  clarifiers or precipitators, that:
(1)
				have a point source discharge; and
(2) are utilized to:
(A) prevent additional contributions of
				dissolved or suspended solids to stream flow or run-off outside the permit
				area; or
(B) comply with all
				applicable state and federal water quality laws and regulations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-92 - "Outslope" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 92.
"Outslope" means the face of the spoil or embankment sloping
				  downward from the highest elevation to the toe.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-93 - "Overburden" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 93.
"Overburden" means material of any nature, consolidated or
				  unconsolidated, that overlies a coal deposit, excluding topsoil.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-94 - "Owned or controlled" and "owns or controls" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 94.
(a) "Owned
				or controlled" and "owns or controls" means any one (1) or a combination of the
				relationships specified in the following and subsection (b):
(1) A permittee of a surface coal mining
				operation.
(2) Based on instruments
				of ownership or voting securities, owning of record in excess of fifty percent
				(50%) of a person.
(3) Any other
				relationship that gives one (1) person authority, directly or indirectly, to
				determine the manner in which an applicant, an operator, or other person
				conducts surface coal mining operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-95 - "Pastureland" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 95.
"Pastureland" means land used primarily for the long term
				  production of adapted, domesticated forage plants to be grazed by livestock or
				  occasionally cut and cured for livestock feed or hay. Land used for facilities
				  in support of pastureland or land occasionally cut for hay, which is adjacent
				  to or an integral part of the operation, is also included.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-96 - "Perennial stream" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 96.
"Perennial stream" means a stream or part of a stream that
				  flows continuously during all of the calendar year as a result of ground water
				  discharge or surface run-off. The term does not include an intermittent stream
				  or ephemeral stream.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-97 - "Performance bond" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 97.
"Performance bond" means a surety bond, certificate of
				  deposit, letter of credit, cash, or a combination thereof, by which a permittee
				  assures faithful performance of all the requirements of IC 14-34, this article,
				  and the requirements of the permit and reclamation plan.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-98 - "Permanent diversion" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 98.
"Permanent diversion" means a diversion remaining after
				  surface coal mining and reclamation operations are completed that has been
				  approved for retention by the director and other appropriate state agencies.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-99 - "Permanent impoundment" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 99.
"Permanent impoundment" means an impoundment that is approved
				  by the director in the approved permit and, if required, by other state and
				  federal agencies for retention as part of the postmining land use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-100 - "Permit" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 100.
"Permit" means a permit to conduct surface coal mining and
				  reclamation operations (approved by the director or the director's delegate)
				  under IC 14-34 and this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-101 - "Permit area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 101.
"Permit area" means the area of land and water within the
				  boundaries of the permit that are designated on the permit application maps, as
				  approved by the director. The permit area includes all areas that are or will
				  be affected by the surface coal mining and reclamation operations during the
				  term of the permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-102 - "Permittee" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 102.
"Permittee" means a person holding, or required by IC 14-34
				  to hold, a permit to conduct surface coal mining and reclamation operations
				  issued by the department under this article and the regulatory program.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-103 - "Person" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 103.
"Person" means the following:
(1) Any:
(A) individual;
(B) partnership;
(C) association;
(D) society;
(E) joint venture;
(F) joint stock company;
(G) firm;
(H) company;
(I) corporation;
(J) cooperative; or
(K) other business organization.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-104 - "Person having an interest, which is or may be adversely affected or person with a valid legal interest" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 104.
"Person having an interest, which is or may be adversely
				  affected or person with a valid legal interest" includes any person:
(1) who uses any resources of economic,
				recreational, aesthetic, or environmental value that may be adversely affected
				by coal exploration or surface coal mining and reclamation operations or any
				related action of the state; or
(2)
				whose property is or may be adversely affected by coal exploration or surface
				coal mining and reclamation operations or any related action of the
				state.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-105 - "Pipeline" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 105.
(a)
				"Pipeline" means the physical facilities through which petroleum, natural gas,
				or another hazardous product is transported where:
(1) pipe is used that has a nominal diameter
				of at least six (6) inches; or
(2)
				operations occur at a pressure of more than two hundred seventy-five (275)
				pounds per square inch.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-106 - "Precipitation event" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 106.
"Precipitation event" means a quantity of water resulting
				  from:
(1) drizzle;
(2) rain;
(3) snow;
(4) snowmelt emanating from snow
				cover;
(5) sleet; or
(6) hail;
in a limited period of time. The term may be expressed
				  according to a recurrence interval.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-107 - "Previously mined area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 107.
"Previously mined area" means land affected by surface coal
				  mining operations prior to August 3, 1977, that has not been reclaimed to the
				  standards of this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-108 - "Prime farmland" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 108.
"Prime farmland" means those lands that are defined by the
				  United States Secretary of Agriculture and have historically been used for
				  cropland.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-109 - "Principal shareholder" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 109.
"Principal shareholder" means any person who is of record the
				  beneficial owner of ten percent (10%) or more of any class of voting stock.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-109.5 - "Property boundary" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 109.5.
"Property boundary", for the purposes of
				  312
				  IAC 25-6-12.5 and
				  312
				  IAC 25-6-76.5, means the edge of a contiguous parcel
				  of land owned by or leased to the permittee. Contiguous land shall include land
				  separated by a public right-of-way, if that land would otherwise be
				  contiguous.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-110 - "Property to be mined" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 110.
"Property to be mined" means both the surface and mineral
				  estates on and underneath lands that are within the permit area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-111 - "Public building" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 111.
"Public building" means a structure that is owned by a public
				  agency or used principally for public business meetings or other group
				  gatherings.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-112 - "Public office" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 112.
"Public office" means a facility under the direction and
				  control of a governmental entity that is open to public access on a regular
				  basis during reasonable business hours.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-113 - "Public park" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 113.
"Public park" means an area dedicated or designated by any
				  federal, Indiana, or local agency for public recreational use, whether or not
				  such use is limited to certain times or days, including any land leased,
				  reserved, or held open to the public because of that use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-114 - "Public road" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 114.
"Public road" means a thoroughfare open to the public for
				  passage of vehicles owned or maintained by a federal, state, or local agency.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-115 - "Randomly located" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 115.
"Randomly located" means the selection of a location that is
				  statistically independent of all previous and future location selections.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-116 - "Recharge capacity" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 116.
"Recharge capacity" means the ability of the soils and
				  underlying materials to allow precipitation and run-off to infiltrate and reach
				  the zone of saturation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-117 - "Reclamation" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 117.
"Reclamation" means those actions taken to restore mined
				  land, as required by IC 14-34 and this article, to a postmining land use
				  approved by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-118 - "Recreation" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 118.
"Recreation" means land used for public or private
				  leisure-time use, including developed recreation facilities, such as parks,
				  camps, and amusement areas, as well as areas for less intensive uses, such as
				  hiking, canoeing, and other undeveloped recreational uses.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-119 - "Recurrence interval" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 119.
"Recurrence interval" means the interval of time in which a
				  precipitation event is expected to occur once, on the average.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-120 - "Reference area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 120.
"Reference area" means a land unit maintained under
				  appropriate management for the purpose of measuring vegetation ground cover,
				  productivity, and plant species diversity that are produced naturally or by
				  crop production methods. A reference area must be representative of geology,
				  soil, slope, and vegetation in the permit area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-121 - "Refuse pile" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 121.
"Refuse pile" means a surface deposit of coal mine waste that
				  does not impound water, slurry, or another liquid or semiliquid material.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-122 - "Regional director" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 122.
"Regional director" means a regional director of the United
				  States Department of the Interior, Office of Surface Mining or a regional
				  director's representative.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-123 - "Renewable resource lands" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 123.
"Renewable resource lands" means aquifers and areas for the
				  recharge of aquifers and other underground waters and areas for agricultural
				  and silvicultural production of food and fiber.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-124 - "Replacement of water supply" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 701.5
Sec. 124.
(a)
				"Replacement of water supply", with respect to protected water supplies
				contaminated, diminished, or interrupted by surface or underground coal mining
				operations, means a provision of water supply on both a temporary and permanent
				basis equivalent to premining quantity and quality. Replacement includes a
				provision of an equivalent water delivery system and payment of operation and
				maintenance costs in excess of customary and reasonable delivery costs for
				premining water supplies.
(b) Upon
				agreement by the permittee and the water supply owner, the obligation to pay
				such operation and maintenance costs may be satisfied by a one (1) time payment
				in an amount that covers the present worth of the increased annual operation
				and maintenance costs for a period agreed to by the permittee and the water
				supply owner.
(c) If the affected
				water supply was not needed for the land use in existence at the time of loss,
				contamination, or diminution, and if the supply is not needed to achieve the
				postmining land use, replacement requirements may be satisfied by demonstrating
				that a suitable alternative water source is available and could feasibly be
				developed. If the latter approach is selected, written concurrence must be
				obtained from the water supply owner.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-125 - "Residential" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 125.
"Residential" means land used for single and multiple family
				  housing, mobile home parks, and other residential lodging. Land used for
				  facilities in support of a residential operation, which is adjacent to or an
				  integral part of the operation, is also included. Support facilities include
				  vehicle parking and open space that directly relate to the residential use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-126 - "Road" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 126.
(a) "Road"
				means a surface right-of-way for purposes of travel by land vehicles used in
				coal exploration or surface coal mining and reclamation operations. A road
				consists of the entire area within the right-of-way, including the following:
(1) Roadbed.
(2) Shoulders.
(3) Parking and side areas.
(4) Approaches.
(5) Structures.
(6) Ditches.
(7) Surface.
(8) Such contiguous appendages as are
				necessary for the total structure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-127 - "Rooting media" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 127.
"Rooting media" means the soil material beneath the topsoil
				  consisting of replaced B horizon, B/C mixture, or other suitable soil material
				  as determined by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-128 - "Safety factor" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 128.
"Safety factor" means the ratio of the available sheer
				  strength to the developed sheer stress or the ratio of the sum of the resisting
				  forces to the sum of the loading or driving forces as determined by accepted
				  engineering practices.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-129 - "Shadow area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 129.
"Shadow area" means any area beyond the limits of the permit
				  area in which underground mine workings are located. This area includes all
				  resources above and below the coal that are protected by IC 14-34 that may be
				  adversely impacted by underground mining operations, including impacts of
				  subsidence.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-130 - "Shelter belt" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 130.
"Shelter belt" means an area used for protection from wind or
				  snow and that is subject to proof-of-productivity standards for fish and
				  wildlife habitat.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-131 - "Significant, imminent environmental harm to land, air, or water resources" construed

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 131.
"Significant, imminent environmental harm to land, air, or
				  water resources" is construed as follows:
(1) "Environmental harm" means an adverse
				impact on land, air, or water resources (including plant and animal life) that
				is not contemplated by the permit.
(2) "Imminent" means a condition, practice,
				or violation that is causing or may reasonably be expected to cause an
				environmental harm before the condition or practice can be abated.
(3) "Significant" means the environmental
				harm:
(A) is more than local in
				scope;
(B) when continued, poses a
				serious environmental hazard to existing land, air, or water resources;
				and
(C) will have a long-lasting,
				detrimental effect before the end of a reasonable abatement time.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-132 - "Siltation structure" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 132.
"Siltation structure" means a primary sediment control
				  structure designed, constructed, and maintained as required by this article and
				  includes a barrier, dam, or excavated depression that slows water run-off to
				  allow sediment to settle out. A siltation structure cannot include a secondary
				  sedimentation control structure (such as riprap, straw dike, check dam, mulch,
				  dugout, or another measure that reduces overland flow velocity, reduces run-off
				  volume, or traps sediment) to the extent that the secondary sedimentation
				  structure drains to a siltation structure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-133 - "Slope" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 133.
"Slope" means the average inclination of a surface, measured
				  from the horizontal, generally expressed as the ratio of a unit of vertical
				  distance to a given number of units of horizontal distance, for example:
				  1v:5h=20%=11.3 degrees.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-134 - "Soil horizon" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 134.
"Soil horizon" means each contrasting layer of soil parallel
				  or nearly parallel to the land surface. Each soil horizon is differentiated on
				  the basis of field characteristics and laboratory data. The three (3) major
				  soil horizons are as follows:
(1) The
				A horizon.
(2) The B
				horizon.
(3) The C
				horizon.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-135 - "Soil productivity" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 135.
"Soil productivity" means the capacity of a soil for
				  producing a specified plant or sequence of plants under a physically defined
				  set of management practices.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-136 - "Soil survey" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 136.
"Soil survey" means a field and other investigation resulting
				  in a map showing the geographic distribution of different kinds of soils and an
				  accompanying report that describes, classifies, and interprets such soils for
				  use. A soil survey must meet the standards of the National Cooperative Soil
				  Survey.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-137 - "Spoil" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 137.
"Spoil" means overburden that has been removed during a
				  surface coal mining operation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-138 - "Stabilize" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 138.
"Stabilize" means to control movement of soil, spoil piles,
				  or areas of disturbed earth by modifying the geometry of the mass or by
				  otherwise modifying physical or chemical properties, such as by providing a
				  protective surface coating.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-139 - "Steep slope" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 139.
"Steep slope" means any slope of more than twenty (20)
				  degrees or such lesser slope as may be designated by the director after
				  consideration of soil, climate, and other characteristics of a region.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-140 - "Subsoil" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 140.
"Subsoil" means the B horizon.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-141 - "Substantial legal and financial commitments in a surface coal mining operation" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 141.
"Substantial legal and financial commitments in a surface
				  coal mining operation", for purposes of
				  312 IAC 25-3-3 through
				  312 IAC 25-3-5, means
				  significant investments that have been made on the basis of a long term coal
				  contract in power plants, railroads, coal handling, preparation, extraction or
				  storage facilities, and other capital-intensive activities. An example is an
				  existing mine not actually producing coal but in a substantial stage of
				  development prior to production. Costs of acquiring the coal in place or of the
				  right to mine it without an existing mine, as described in this example, alone
				  are not sufficient to constitute substantial legal and financial
				  commitments.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-142 - "Substantially disturb" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 142.
"Substantially disturb", for purposes of coal exploration,
				  means any one (1) or any combination of one (1) or more of the
				  following:
(1) To significantly impact
				land or water resources by blasting.
(2) The removal of vegetation, topsoil, or
				overburden.
(3) The construction of
				roads or other access routes.
(4)
				The placement of excavated earth or waste material on the natural land surface
				or by other such activities.
(5)
				The removal of more than two hundred fifty (250) tons of coal.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-143 - "Support facility" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 143.
(a)
				"Support facility" means a facility resulting from, or incidental to, an
				activity identified in section 145(1) of this rule and the area upon which the
				facility is located.
(b) As used in
				subsection (a), "resulting from or incidental to" connotes an element of
				proximity to the activity.
(c) A
				support facility includes the following:
(1)
				Mine buildings.
(2) Bath
				houses.
(3) Coal loading
				facilities.
(4) Coal crushing and
				sizing facilities.
(5) Coal storage
				facilities.
(6) Equipment and
				storage facilities.
(7) Fan
				buildings.
(8) Hoist
				buildings.
(9) Sheds, shops, and
				other buildings.
(10) Facilities
				used to treat and store water for mine consumption.
(11) Railroads, surface conveyor systems,
				chutes, aerial tramways, and other transportation facilities, not including
				roads.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-144 - "Surface coal mining and reclamation operations" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 144.
"Surface coal mining and reclamation operations" means
				  surface coal mining operations and all activities necessary or incidental to
				  the reclamation of such operations. The term includes surface coal mining
				  operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-145 - "Surface coal mining operation" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-9; IC 14-34-11
Sec. 145.
"Surface coal mining operation" means the following:
(1) An activity conducted on the surface of
				lands in connection with a surface coal mine or, subject to the requirements of
				IC 14-34-11, surface operations and surface impacts incident to an underground
				coal mine, the products of which enter commerce or the operations of which
				directly or indirectly affect interstate commerce. These activities include the
				following:
(A) Excavation for the purpose of
				obtaining coal, including such common methods as contour, strip, auger, hilltop
				removal, box cut, open pit, and area mining.
(B) The extraction of coal from a coal refuse
				pile.
(C) The use of explosives and
				blasting.
(D) In situ distillation
				or retorting.
(E) Coal
				preparation.
(F) The loading of
				coal for interstate commerce at or near the minesite.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-146 - "Surface coal mining operations that exist on the date of enactment" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 146.
"Surface coal mining operations that exist on the date of
				  enactment" means, for purposes of
				  312 IAC
				  25-3-1 through
				  312 IAC 25-3-2, all
				  surface mining operations that were being conducted on August 3, 1977.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-147 - "Surface mining activities" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 147.
"Surface mining activities" means those surface coal mining
				  and reclamation operations incident to the extraction of coal from the earth by
				  removing the material over a coal seam, before recovering the coal, by auger
				  coal mining, or by recovery of coal from a deposit that is not in its original
				  geologic location.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-148 - "Surface soil" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 148.
"Surface soil" means the A horizon.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-149 - "Suspended solids or nonfilterable residue expressed as milligrams per liter" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 149.
"Suspended solids or nonfilterable residue expressed as
				  milligrams per liter" means organic or inorganic materials carried or held in
				  suspension in water that are retained by a standard glass fiber filter in the
				  procedure outlined by 40 CFR 136.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-150 - "Temporary diversion" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 150.
"Temporary diversion" means a diversion of a stream or
				  overland flow that is used during coal exploration or surface coal mining and
				  reclamation operations and not approved by the director to remain after
				  reclamation as part of the approved postmining land use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-151 - "Temporary impoundment" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 151.
"Temporary impoundment" means an impoundment used during a
				  surface coal mining and reclamation operation, but not approved by the director
				  in the approved permit to remain as part of the approved postmining land use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-152 - "Ton" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 152.
"Ton" means two thousand (2,000) pounds avoirdupois (ninety
				  thousand seven hundred eighteen hundred-thousandths (.90718) metric
				  ton).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-153 - "Topsoil" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 153.
"Topsoil" means the A soil horizon layer of the three (3)
				  major soil horizons.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-154 - "Toxic-forming materials" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 154.
"Toxic-forming materials" means earth materials or wastes
				  that, if acted upon by air, water, weathering, or microbiological processes,
				  are likely to produce chemical or physical conditions in soils or water that
				  are detrimental to biota or uses of water.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-155 - "Toxic mine drainage" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 155.
"Toxic mine drainage" means water that is discharged from
				  active or abandoned mines or other areas affected by coal exploration or
				  surface coal mining and reclamation operations that contains a substance that
				  through chemical action or physical effects is likely to kill, injure, or
				  impair biota commonly present in the area that might be exposed to the
				  substance.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-155.5 - "Unanticipated event or condition" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 155.5.
"Unanticipated event or condition" means, for the purposes of
				  312
				  IAC 25-4-114, an event or condition that is
				  encountered in a remining operation and was not contemplated by the applicable
				  surface mining and reclamation permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-156 - "Underground development waste" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 156.
"Underground development waste" means waste rock mixtures of
				  coal, shale, claystone, siltstone, sandstone, limestone, or related materials
				  that are excavated, moved, and disposed of during development and preparation
				  of areas incident to underground mining activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-157 - "Underground mining activities" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 157.
"Underground mining activities" means a combination of the
				  following:
(1) Surface operations
				incident to underground extraction of coal or in situ processing, such as
				construction, use, maintenance, and reclamation of the following:
(A) Roads.
(B) Aboveground repair areas.
(C) Storage areas.
(D) Processing areas.
(E) Shipping areas.
(F) Areas upon which are sited support
				facilities, including hoist and ventilating ducts.
(G) Areas utilized for the disposal and
				storage of waste.
(H) Areas on
				which materials incident to underground mining operations are placed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-158 - "Undeveloped land-no current use or land management" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 158.
"Undeveloped land-no current use or land management" means
				  land that is undeveloped or, if previously developed, land that has been
				  allowed to return naturally to an undeveloped state or has been allowed to
				  return to forest through natural succession.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-159 - "Valid existing rights" defined and construed

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-18-3
Sec. 159.
(a) "Valid
				existing rights", for purposes of
				312 IAC 25-2-1,
				312 IAC
				25-3-1, and
				312 IAC 25-3-5, means
				the following:
(1) Except for haul roads:
(A) those property rights in existence on
				August 3, 1977, that were created by a legally binding conveyance, lease, deed,
				contract, or other document that authorized the applicant to conduct surface
				coal mining operations; and
(B) the
				person proposing to conduct surface coal mining operations on such lands:
(i) had been validly issued or exercised good
				faith effort to obtain, on or before August 3, 1977, all state and federal
				permits necessary to conduct operations on those lands;
(ii) can demonstrate to the director that the
				coal is both needed for and immediately adjacent to, an ongoing surface mining
				operation for which all permits were obtained prior to August 3, 1977;
				or
(iii) can demonstrate that the
				operation was in existence or operation at the time an area became protected
				under IC
				14-34-18-3
				or at the time of the coming into existence, within the prohibited distance of
				a structure, road, cemetery, or other activity listed in IC
				14-34-18-3.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-160 - "Valley fill" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 160.
"Valley fill" means a fill structure consisting of any
				  material other than coal waste and organic material that is placed in a valley
				  where side slopes of the existing valley measured at the steepest point are
				  greater than twenty (20) degrees or the average slope of the profile of the
				  valley from the toe of the fill to the top of the fill is greater than ten (10)
				  degrees.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-161 - "Violation notice" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 161.
"Violation notice" means any written notification from a
				  governmental entity of a violation of law, whether by letter, memorandum, legal
				  or administrative pleading, or other written communication.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-162 - "Water table" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 162.
"Water table" means the upper surface of a zone of
				  saturation, where the body of ground water is not confined by an overlying
				  impermeable zone.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-163 - "Willful violation" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 163.
"Willful violation" means an act or omission that:
(1) violates IC 14-34, this article, another
				state law, a federal statute, a federal regulation, or an individual permit
				condition; and
(2) is committed by
				a person who intends the result that actually occurs.