reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-108 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; responsibility

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 108.
The applicant shall provide all information in a complete
				  permit application for review by the director in accordance with this section
				  and sections 109 through 121 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-110 - Review, public participation, and approval or disapproval of permit applications and permit terms and conditions; written comments on permit applications

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 110.
(a)
				Written comments on permit applications may be submitted to the director by the
				public entities to whom notification is provided under section 109(e) of this
				rule, with respect to the effects of the proposed mining operations on the
				environment within their area of responsibility.
(b) These comments shall be submitted to the
				director within thirty (30) days of notification.
(c) The director will immediately transmit a
				copy of all such comments for filing and public inspection at the library where
				the applicant filed a copy of the application for permit under section 109(b)
				of this rule. A copy will also be transmitted to the applicant.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-111 - Review, public participation, and approval or disapproval of permit applications and permit terms and conditions; right to file written objections

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 111.
(a) Any
				person whose interests are or may be adversely affected or an officer or head
				of any federal, state, or local government agency or authority shall have the
				right to file written objections to an initial or revised application for a
				permit with the director, within thirty (30) days after the last publication of
				the newspaper notice required by section 109(a) of this rule.
(b) The director shall, immediately upon
				receipt of any written objections:
(1)
				transmit a copy of them to the applicant; and
(2) file a copy for public inspection at the
				library where the applicant filed a copy of the application for permit under
				section 109(b) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-112 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; informal conferences

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-3; IC 14-34;
				  30 CFR
				  773.13(c)
Sec. 112.
(a) Any
				person having an interest that is or may be adversely affected by the decision
				on the application or an officer or a head of a federal, state, or local
				government agency or authority may request, in writing, that the director hold
				an informal conference on the application for a permit, significant revision to
				the permit, or renewal of a permit. The request shall:
(1) briefly summarize the issues to be raised
				by the requestor at the conference;
(2) state whether the requestor desires to
				have the conference conducted in the locality of the proposed mining
				operations; and
(3) be filed with
				the director no later than thirty (30) days after the last publication of the
				newspaper advertisement required under section 109(a) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-113 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; public availability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5-3-5; IC 5-14-3; IC 14-34
Sec. 113.
(a)
				Information contained in a permit application on file with the director is a
				public record under IC 5-14-3, except as provided in this section.
(b) Information in a permit application that
				pertains only to the analysis of chemical and physical properties of the coal
				to be mined (except information regarding mineral or elemental contents of the
				coal that are potentially toxic in the environment) is confidential.
(c) Unless otherwise provided in this
				article, information contained in the reclamation plan required under sections
				40 through 56 and 81 through 97 of this rule that is not on public file under
				Indiana law is a trade secret.
(d)
				The director shall provide for procedures to separate the information that is a
				public record from the information that is a trade secret.
(e) An applicant must clearly identify
				information that the applicant wishes to protect as a trade secret and must
				submit that information separately from other portions of the
				application.
(f) Information on the
				nature and location of archaeological resources on public and Indian land, as
				required under
				16 U.S.C.
				470aa through
				16 U.S.C. 470mm, is
				confidential.
(g) A person who
				opposes or seeks disclosure of information that pertains to the analysis of
				chemical and physical properties of the coal to be mined, confidential
				information, or information claimed as a trade secret may submit the request
				under section 110 of this rule. The person seeking or opposing disclosure and
				the applicant shall be notified, in writing, of an order made by the director
				with respect to that request. The order is subject to administrative review
				under IC
				4-21.5-3-5
				and sections 122 through 123 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-114 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; review of permit applications

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-3-5; IC 4-21.5-5; IC 5-15-3; IC
				  14-34-4-6; IC 14-34-17
Sec. 114.
(a) The
				director shall review the complete application for a permit, revision or
				renewal, written comments, written objections submitted, and records of any
				informal conference or hearing held on the application and issue a written
				decision either granting, requiring modification of, or denying the application
				within the following times:
(1) If:
(A) an informal conference is held under
				section 112 of this rule or a hearing under IC 14-34-4-6, the decision shall be
				made within sixty (60) days of the close of the conference or hearing unless a
				later time is necessary to provide an opportunity for a hearing under
				subsection (b)(2); or
(B) no
				informal conference is held under section 112 of this rule, or no hearing is
				held under IC 14-34-4-6, the decision shall be made within one hundred eighty
				(180) days from the date the administratively complete application is submitted
				to the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-115.1 - Post permit issuance information requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 115.1.
Within sixty (60) days of any addition, departure, or change
				  in position of any person identified in sections 17 and 58 of this rule, the
				  permittee must provide the following:
(1) The information required under sections
				17(b)(1) through 17(b)(3) and 58(a)(3)(A) through 58(a)(3)(C).
(2) The date of any departure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-116 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; existing structures, permit approval or denial

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 116.
(a) No
				application for a permit or revision that proposes to use an existing structure
				in connection with or to facilitate the proposed surface coal mining and
				reclamation operation shall be approved, unless the applicant demonstrates and
				the director finds, in writing, on the basis of information set forth in the
				complete application under section 41 of this rule that:
(1) the structure meets the performance
				standards of IC 14-34 and 312 IAC 25-6; and
(2) no significant harm to the environment or
				public health or safety will result from use of the structure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-117 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit approval or denial actions

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-2-2;
				  30
				  CFR 773.15; 30 CFR 773.19
Sec. 117.
(a) The
				director shall approve, require modification of, or deny all applications for
				permits on the basis of the following qualifications:
(1) Complete applications for permits and
				revisions or renewals thereof.
(2)
				Public participation as provided for in this article.
(3) Compliance with any applicable provisions
				of sections 98 through 107 of this rule.
(4) Processing and review of applications as
				required by sections 108 through 116 of this rule, this section, and sections
				119 through 121 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-118 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit conditions

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-3; IC 14-34-13; IC 14-34-15-1; IC
				  14-34-15-2;
				  30
				  CFR 773.17
Sec. 118.
Each permit issued by the director shall be subject to the
				  following conditions:
(1) The
				permittee shall conduct surface coal mining and reclamation operations only on
				those lands that are specifically designated as the permit area on the maps
				submitted with the application and authorized for the term of the permit and
				are subject to the performance bond or other equivalent guarantee in effect
				under 312 IAC 25-5.
(2) The
				permittee shall conduct all surface coal mining and reclamation operations only
				as described in the approved application, except to the extent that the
				director otherwise directs in the permit.
(3) The permittee shall comply with the terms
				and conditions of the permit, all applicable performance standards of IC 14-34,
				and the requirements of this article.
(4) Without advance notice, delay, or a
				search warrant, upon presentation of appropriate credentials, the permittee
				shall allow the authorized representatives of the director and the Secretary of
				the Interior to:
(A) have the right of entry
				provided for in IC 14-34-15-1; and
(B) be accompanied by private persons for the
				purpose of conducting an inspection in accordance with IC 14-34-15-2 when the
				inspection is in response to an alleged violation reported to the director by a
				private person.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-119 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit terms

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  773.19
Sec. 119.
(a) Each
				permit shall be issued for a fixed term not to exceed five (5) years. A longer
				fixed permit term may be granted by the director if:
(1) the application is full and complete for
				the specified longer term and complies with this article; and
(2) the applicant shows that a specified
				longer term is reasonably needed to allow the applicant to obtain necessary
				financing of equipment and the opening of the operation, and this need is
				confirmed, in writing, by the applicant's proposed source for the
				financing.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-120 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; right of entry

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 120.
(a) A
				permit must ensure that the requirements of this section are
				satisfied.
(b) Except to the extent
				the director otherwise directs in the permit that specific actions be taken,
				the permittee shall conduct all surface coal mining and reclamation operations
				as described in the complete application.
(c) The permittee shall allow the director,
				without advance notice or a search warrant, upon presentation of appropriate
				credentials and without delay, to do the following:
(1) Have the rights of entry to, upon, and
				through any coal exploration or surface coal mining and reclamation
				operation.
(2) Be accompanied by
				private persons for the purposes of conducting an inspection when the
				inspection is in response to an alleged violation reported to the director by
				the private person.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-121 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; mine maps

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 121.
All operations in existence prior to July 29, 1982, that seek
				  approval of a permit under the requirements of IC 14-34 shall be required to
				  submit to the director an accurate map of the mine and permit area at a scale
				  of 1:6000 or larger. The map shall show, as of the effective date of the
				  permanent regulatory program permit, the lands from which coal has not yet been
				  removed and the lands and structures that have been used or disturbed to
				  facilitate mining as of that date. This map shall be submitted to the director
				  within sixty (60) days after the effective date of such
				  permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-122 - Administrative review of approval or denial of application

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 122.
(a)
				Whenever an application for any permit, revision, or renewal is approved or
				denied under the provisions of this article or IC 14-34, the applicant or any
				person with an interest that is or may be adversely affected shall be entitled
				to a hearing before the commission on such approval or denial upon filing
				within thirty (30) days after receipt of notice of such approval or denial or
				within thirty (30) days after publication of the summary of the decision in the
				newspaper pursuant to section 117(e)(2) of this rule a written request for such
				hearing. Such hearings and appeals therefrom shall be conducted in accordance
				with IC 4-21.5.
(b) Appeal from the
				commission's or director's final determination granting or denying a permit
				shall be as provided in section 123 of this rule.
(c) Where a hearing is requested under
				subsection (a), the commission may, under such conditions as it may prescribe,
				grant appropriate temporary relief pending final determination of the
				proceedings if:
(1) all parties to the
				proceedings are notified and given an opportunity to be heard on a request for
				temporary relief;
(2) the person
				requesting temporary relief shows a substantial likelihood that he or she will
				prevail on the merits of the final determination of the proceeding;
(3) temporary relief will not adversely
				affect the public health or safety or cause significant imminent environmental
				harm to land, air, or water resources; and
(4) the relief sought is not the issuance of
				a permit where a permit has been denied, in whole or in part, by the
				director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-122.1 - Review of director's ownership or control listing or finding

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 122.1.
(a)
				Whenever an ownership or control listing or finding is made by the department
				under section 114 of this rule, the applicant or a person with an interest that
				is or may be adversely affected may challenge the listing or finding by
				submission of a written explanation of the basis for the challenge, along with
				any evidence or explanatory materials, to the director.
(b) The provisions of this section apply only
				to challenges to ownership or control listings or findings. The applicant or a
				person with an interest that is or may be adversely affected may not use these
				provisions to challenge liability or responsibility under any other provision
				of IC 14-34 and this article.
(c)
				When the challenge concerns a violation under the jurisdiction of a different
				regulatory authority, the department must consult the regulatory authority with
				jurisdiction over the violation and the federal Office of Surface Mining
				Applicant Violator/System Office to obtain additional information.
(d) The department may request an
				investigation by the federal Office of Surface Mining Applicant/Violator System
				Office.
(e) At any time, a person
				listed in the applicant/violator system as an owner or controller of a surface
				coal mining operation may request an informal explanation from the federal
				Office of Surface Mining Applicant/Violator System Office as to the ownership
				or control capacities shown in the applicant/violator system. Under
				30 CFR
				773.26, the federal Office of Surface Mining
				Applicant/Violator System Office will provide a response within fourteen (14)
				days of the request describing the ownership or control capacities listed in
				the applicant/violator system.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-122.2 - Burden of proof for ownership or control challenges

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 122.2.
(a) Upon
				challenge of a listing of ownership or control or a finding of ownership or
				control made under section 114 of this rule, the applicant or a person with an
				interest that is or may be adversely affected must prove by a preponderance of
				the evidence that the challenger either:
(1)
				does not own or control the entire surface coal mining operation or relevant
				portion or aspect thereof; or
(2)
				did not own or control the entire operation or relevant portion or aspect
				thereof during the relevant time period.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-122.3 - Written agency decision on challenges to ownership or control

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 122.3.
(a)
				Within sixty (60) days of receipt of a challenge under section 122.1 of this
				rule, the director will review and investigate the evidence and explanatory
				materials submitted and any other reasonably available information bearing on
				the challenge and issue a written decision. The decision will state the
				determination whether the party in question owns or controls the relevant
				surface coal mining operation, or owned or controlled the operation, during the
				relevant time period.
(b) The
				director will promptly provide the challenger with a copy of decision by
				either:
(1) certified mail, return receipt
				requested; or
(2) any means
				consistent with the rules governing service of a summons and
				complaint.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-123 - Administrative and judicial review of decisions by the commission on permit applications; judicial review

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC
				  14-34-15-12
Sec. 123.
(a) Any
				action of the director or the commission is subject to judicial review by a
				court of competent jurisdiction. The court shall comply with IC 4-21.5 in all
				judicial review proceedings. The availability of judicial review under section
				122 of this rule and this section does not limit the operation of rights under
				IC
				14-34-15-12.
(b) The commencement of a judicial review
				proceeding under section 122 of this rule and this section does not operate as
				a stay of the action, order, or decision of the director or the
				commission.
(c) Pending final
				determinations of the judicial review proceeding, the court may grant temporary
				relief if:
(1) all parties to the proceedings
				were notified and given an opportunity to be heard on a request for temporary
				relief;
(2) the person requesting
				the relief shows a substantial likelihood that he or she will prevail on the
				merits of the final determination of the proceeding; and
(3) the temporary relief will not adversely
				affect the public health or safety or cause significant imminent environmental
				harm to land, air, or water resources.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-124 - Administrative and judicial review of improvidently issued permits; general procedures

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 124.
(a) If the
				director has reason to believe that a surface coal mining and reclamation
				permit was improvidently issued, the director shall review the circumstances
				under which the permit was issued, using the criteria in subsection (b). If the
				director finds the permit was improvidently issued, the director shall comply
				with subsection (c).
(b) The
				director shall find that a surface coal mining and reclamation permit was
				improvidently issued if:
(1) under the
				violations review criteria of the regulatory program at the time the permit was
				issued:
(A) the director should not have
				issued the permit because of an unabated violation or a delinquent penalty or
				fee; or
(B) the permit was issued
				on the presumption that a notice of violation was in the process of being
				corrected to the satisfaction of the agency with jurisdiction over the
				violation, but a cessation order subsequently was issued;
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-125 - Administrative and judicial review of decisions by the director on permit applications; judicial review; improvidently issued permits; rescission procedures

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5-3; IC 14-34
Sec. 125.
(a) Where
				the director, under section 124(c)(4) of this rule, elects to rescind an
				improvidently issued permit, the director shall serve on the permittee a notice
				of proposed suspension and rescission that includes the reasons for the finding
				of the director under section 124(b) of this rule and states that, after a
				specified period of time not to exceed ninety (90) days, the permit
				automatically will become suspended, and not to exceed ninety (90) days
				thereafter rescinded, unless within those periods the permittee submits proof,
				and the director finds one (1) of the following:
(1) The finding of the director under section
				124(b) of this rule was erroneous.
(2) The permittee or other person responsible
				has abated the violation on which the finding was based, or paid the penalty or
				fee, to the satisfaction of the responsible agency.
(3) The violation, penalty, or fee is the
				subject of a good faith appeal or of an abatement plan or payment schedule with
				which the permittee or other person responsible is complying to the
				satisfaction of the responsible agency.
(4) Since the finding was made, the permittee
				has severed any ownership or control link with the person responsible for, and
				does not continue to be responsible for, the violation, penalty, or
				fee.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-126 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; review

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 126.
(a) The
				director will review each permit issued and outstanding annually during the
				term of the permit or no less frequent than the middle of the permit
				term.
(b) After this review, the
				director may, by order, require reasonable revision or modification of the
				permit provisions to ensure compliance with IC 14-34 and this
				article.
(c) Copies of the decision
				of the director will be sent to the permittee.
(d) Any order of the director requiring
				revision or modification of permits shall be based upon written findings and
				shall be subject to the provisions for administrative and judicial review of
				sections 122 and 123 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-127 - Permit reviews; revisions, renewals, and transfer, sale, or assignment of rights granted under permits; permit revisions

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-3-5; IC 14-21-1; IC 14-25-4; IC
				  14-34-4-7; IC 14-34-4-13
Sec. 127.
(a) A
				revision to a permit shall be obtained according to the following:
(1) For changes in surface coal mining or
				reclamation operations described in the original application and approved under
				the original permit, when the changes constitute a departure from the method of
				conducting mining or reclamation operations described in the approved permit.
				Changes that constitute a significant departure shall include, but are not
				limited to, those that could result in the operator's inability to comply with
				312 IAC
				25-6-1 through
				312 IAC
				25-6-148 or present a hazard to public health and
				safety.
(2) When required by an
				order issued under section 126 of this rule.
(3) In order to continue operation after the
				cancellation or material reduction of the liability insurance policy, or
				performance bond upon which the original permit was issued.
(4) Permit revisions shall, at a minimum, be
				subject to the requirements of sections 108 through 123 of this rule.
(5) Any extensions to the area covered by a
				permit, except for incidental boundary revisions under subsection (g), shall be
				made by application for a new permit and shall not be approved under section
				126 of this rule, this section, and sections 128 through 134 of this
				rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-128 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; permit renewals, general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 128.
(a) Any
				valid, existing permit issued under this program shall carry with it the right
				of successive renewal upon expiration of the term of the permit in accordance
				with sections 129 through 131 of this rule. Successive renewal shall be
				available only for those areas that were specifically approved by the director
				on the application for the existing permit as within the boundaries of the
				permit.
(b) Permit renewal shall
				not be available for conducting surface coal mining and reclamation operations
				on lands beyond the boundaries of the permit area approved under the existing
				permit except as provided in section 129(b)(2) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-129 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; completed applications

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 129.
(a)
				Complete applications for renewals of a permit shall be made within the time
				prescribed by section 5(b) of this rule. Renewal applications shall be in a
				form and with contents required by the director under this program and in
				accordance with subsection (b)(2), including, at a minimum, the following:
(1) A statement of the name and address of
				the permittee, the term of the renewal requested, the permit number, and a
				description of any changes to the matters set forth in the original application
				for a permit or prior permit renewal.
(2) A copy of the newspaper notice and proof
				of publication of same under section 109(a) of this rule.
(3) Evidence that a liability insurance
				policy will be provided by the applicant for the proposed period of
				renewal.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-130 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; terms

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 130. Any permit renewal shall be for a term not to
				  exceed the period of the original permit established under section 119 of this
				  rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-131 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; approval criteria

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 131.
(a) The
				director shall, upon the basis of a complete application for renewal and
				completion of all procedures required under sections 129 and 130 of this rule,
				issue a renewal of a permit unless it is established and written findings by
				the director are made that:
(1) the terms and
				conditions of the existing permit are not being satisfactorily met;
(2) the present surface coal mining and
				reclamation operations are not in compliance with the environmental protection
				standards under IC 14-34 and 312 IAC 25-6;
(3) the requested renewal substantially
				jeopardizes the operator's continuing responsibility to comply with IC 14-34
				and the regulations on existing areas;
(4) the operator has not provided evidence
				that any performance bond required to be in effect for the operations will
				continue in full force and effect for the proposed period of renewal, as well
				as any additional bond the director might require under 312 IAC 25-5;
				or
(5) any additional revised or
				updated information required by the director has not been provided by the
				applicant.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-132 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; transfer, assignment or sale of permit rights, general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 132.
No transfer, assignment, or sale of the rights granted under
				  any permit issued pursuant to this article shall be made without the prior
				  written approval of the director, in accordance with this section and sections
				  133 through 134 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-133 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; approval for transfer, assignment, or sale of permit rights

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 133.
(a) Any
				person seeking to succeed by transfer, assignment, or sale, to the rights
				granted by a permit shall, before the date of the transfer, assignment, or
				sale, establish the following:
(1) Obtain the
				performance bond coverage of the original permittee by accomplishing one (1) of
				the following:
(A) Receive transfer of the
				original bond.
(B) Execute a
				written agreement with the original permittee and any successor in interest
				that provides:
(i) the bond posted by the
				original permittee and any successor continues in force on the areas affected
				by the original permittee and any successor; and
(ii) for any supplemental or additional bond
				required by the director. If an agreement is reached under this clause, the
				director may release any bond posted by the original permittee or a successor
				that exceeds what is required by the agreement.
(C) Provide sufficient bond to cover the
				original permit in its entirety from inception to completion of reclamation
				operations.
(D) Use another method
				that provides the reclamation of all areas affected by the original permittee
				is assured under bonding coverage at least equal to that of the original
				permittee.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-134 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; succeeding to rights granted under permit; requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 134.
(a) A
				successor in interest to a permittee who is able to obtain the bond coverage of
				the original permittee may continue surface coal mining and reclamation
				operations according to the approved mining and reclamation plan and permit of
				the original permittee and shall immediately provide notice to the director of
				the consummation of the transfer, assignment, or sale of permit
				rights.
(b) Under section 133(c)(3)
				of this rule, a successor in interest seeking to change the conditions of
				mining or reclamation operations or any of the terms or conditions of the
				original permit shall apply:
(1) for a new
				permit under sections 2 through 123 of this rule if the change involves
				conducting operations outside the original permit area; or
(2) for a revised permit under section 127 of
				this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-135 - Small operator assistance; objective

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC
				  14-34-3-5
Sec. 135.
The objective of this section and sections 136 through 143 of
				  this rule is to meet the intent of IC
				  14-34-3-5
				  by:
(1) providing financial and other
				necessary assistance to qualified small operators; and
(2) assuring that the director shall have
				sufficient information to make a reasonable assessment of the probable
				cumulative impacts of all anticipated mining upon the hydrology of the area and
				particularly upon water availability.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-136 - Small operator assistance; definitions

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 795.3
Sec. 136.
The following definitions apply to section 135 of this rule,
				  this section, and sections 137 through 143 of this rule:
(1) "Monitoring" means the collection of
				environmental data by either continuous or periodic sampling methods.
(2) "Probable cumulative impacts" means the
				expected total:
(A) qualitative and
				quantitative; or
(B) direct and
				indirect; effects of mining and reclamation activities on the hydrologic
				regime.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-137 - Small operator assistance; eligibility for assistance

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  795.6
Sec. 137.
An applicant is eligible for assistance if he or she does the
				  following:
(1) Intends to apply for a
				permit under IC 14-34 and this article.
(2) Establishes that his or her probable
				total attributed production from all locations on which the operator is issued
				the surface coal mining and reclamation permit will not exceed three hundred
				thousand (300,000) tons. Production from the following operations shall be
				attributed to the applicant:
(A) The pro rata
				share, based upon percentage of ownership of applicant, of coal produced by
				operations in which the applicant owns more than a ten percent (10%)
				interest.
(B) The pro rata share,
				based upon percentage of ownership of applicant, of coal produced in other
				operations by persons who own more than ten percent (10%) of the applicant's
				operation.
(C) All coal produced by
				operations owned by persons who directly or indirectly control the applicant by
				reason of ownership, direction of management, or in any other manner.
(D) All coal produced by operations owned by
				members of the applicant's family and the applicant's relatives unless it is
				established that there is no direct or indirect business relationship between
				or among them.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-138 - Small operator assistance; filing for assistance

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  795.7
Sec. 138.
Each application for assistance shall include the following
				  information:
(1) A statement of the
				operator's intent to file a permit application.
(2) The names and addresses of the following:
(A) The permit applicant.
(B) The operator if different from the
				applicant.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-139 - Small operator assistance; application approval and notice

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  795.8
Sec. 139.
(a) If the
				program administrator finds the applicant eligible, the program administrator
				shall inform the applicant in writing that the application is
				approved.
(b) If the program
				administrator finds the applicant ineligible, the program administrator shall
				inform the applicant, in writing, that the application is denied and shall
				state the reasons for denial.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-140 - Small operator assistance; program services and data requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  795.9
Sec. 140.
(a) To the
				extent possible with available funds, the program administrator shall select
				and pay a qualified laboratory to make the determination and statement and
				provide other services referenced in subsection (b) for eligible operators who
				request assistance. Data collection and analysis may proceed concurrently with
				the development of mining and reclamation plans by the operator.
(b) The program administrator shall determine
				the data needed for each applicant or group of applicants. Data collected and
				the results provided to the program administrator shall be sufficient to
				satisfy the requirements for the following:
(1) The determination of the probable
				hydrologic consequences of the surface mining and reclamation operation in the
				proposed permit area and adjacent areas, including the engineering analyses and
				designs necessary for the determination in accordance with sections 47 and 85
				of this rule, and any other applicable provisions of this article.
(2) The drilling and statement of the results
				of test borings or core samplings from the proposed permit area, in accordance
				with sections 30 and 71 of this rule and any other applicable provisions of
				this article.
(3) The development
				of cross section maps and plans required by sections 38 and 79 of this
				rule.
(4) The collection of
				archaeological and historic information and related plans required by sections
				27, 37, 68, and 78 of this rule and any other archaeological and historic
				information required by the director.
(5) Preblast surveys required by section 42
				of this rule.
(6) The collection of
				site-specific resources information, the production of protection and
				enhancement plans for fish and wildlife habitats required by sections 46 and 70
				of this rule, and information and plans for any other environmental values
				required by the director under IC 14-34 or this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-141 - Small operator assistance; qualified laboratories

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  795.10
Sec. 141.
(a) To be
				designated a qualified laboratory, a firm shall demonstrate the following:
(1) It is staffed with experienced,
				professional, or technical personnel in the fields applicable to the work to be
				performed.
(2) It has adequate
				space for material preparation and cleaning and sterilizing equipment and has
				stationary equipment, storage, and space to accommodate workloads during peak
				periods.
(3) It meets applicable
				federal or Indiana safety and health requirements.
(4) It has analytical, monitoring, and
				measuring equipment capable of meeting applicable standards.
(5) It has the capability of collecting
				necessary field samples and making hydrologic field measurements and analytical
				laboratory determinations by acceptable hydrologic, geologic, or analytical
				methods in accordance with the requirements of sections 28 through 32, 47, and
				69 through 73 of this rule, and any other applicable provisions of this
				article. Other appropriate methods or guidelines for data acquisition may be
				approved by the program administrator.
(6) It has the capability of performing
				services for either the determination or statement referenced in section 140 of
				this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-142 - Small operator assistance; assistance funding

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR 795.11
Sec. 142.
(a) Funds
				specifically authorized for the Small Operator Assistance Program shall be used
				to provide the services specified in section 140 of this rule and shall not be
				used to cover administrative expenses.
(b) The program administrator shall establish
				a formula for allocating funds to provide services for eligible small operators
				if available funds are less than those required to provide the services under
				this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-143 - Small operator assistance; applicant liability

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR 795.12
Sec. 143.
(a) A coal
				operator who has received assistance under sections 135 through 141 of this
				rule and this section shall reimburse the director for the cost of the services
				rendered if any of the following occurs:
(1)
				The applicant submits false information, fails to submit a permit application
				within one (1) year from the date of receipt of the approved laboratory report,
				or fails to mine after obtaining a permit.
(2) The program administrator finds that the
				operator's actual and attributed annual production of coal for all locations
				exceeds three hundred thousand (300,000) tons during the twelve (12) months
				immediately following the date on which the operator is issued the surface coal
				mining and reclamation permit.
(3)
				The permit is sold, transferred, or assigned to another person and the
				transferee's total actual and attributed production exceeds the three hundred
				thousand (300,000) ton production limit during the twelve (12) months
				immediately following the date on which the permit was originally issued. Under
				this section the applicant and its successor are jointly and severally
				obligated to reimburse the director.
(4) The applicant does not begin mining
				within six (6) months after obtaining the permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-1 - General requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec.1. This rule sets forth requirements for bonding and
				  insuring surface coal mining and reclamation operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-2 - Objectives

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 2.
The objective of this rule is to set forth the requirements
				  and responsibilities for filing and maintaining bonds and insurance for surface
				  coal mining and reclamation operations in accordance with IC 14-34.