reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-146 - Coal preparation plants not within a permit area for a mine; special performance standards

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 146.
Construction, operation, maintenance, modification,
				  reclamation, and removal activities under section 145 of this rule and this
				  section shall comply with the following:
(1) Signs and markers for a coal preparation
				plant shall comply with section 6 of this rule.
(2) Roads, transport facilities, and
				associated structures shall be constructed, maintained, and reclaimed in
				accordance with sections 65 through 68 of this rule.
(3) Any stream or channel realignment shall
				comply with section 15 of this rule.
(4) Any disturbed area related to a coal
				preparation plant shall have sediment control structures, in compliance with
				sections 16 and 17 of this rule, and all discharges from these areas must
				satisfy sections 12 and 13 of this rule and any other applicable Indiana or
				federal law.
(5) Permanent
				impoundments associated with coal preparation plants shall satisfy sections 20
				and 27 of this rule. Dams constructed of or impounding coal processing waste
				shall comply with sections 43 through 45 of this rule.
(6) The use of water wells shall comply with
				section 24 of this rule, and water rights shall be protected under section 25
				of this rule.
(7) Disposal of coal
				processing waste, solid waste, and any excavated materials shall comply with
				sections 36 through 41, 42, and 34 of this rule, respectively.
(8) Discharge structures for diversions and
				sediment control structures shall comply with section 18 of this
				rule.
(9) Air pollution control
				measures associated with fugitive dust emissions shall comply with section
				51(a) of this rule.
(10) Fish,
				wildlife, and related environmental values shall be protected under section 46
				of this rule.
(11) Adverse effects
				upon or resulting from nearby underground coal mining activities shall be
				minimized by appropriate measures, including, but not limited to, compliance
				with sections 26, 35, and 113 of this rule.
(12) Reclamation shall include proper topsoil
				handling procedures, revegetation, and abandonment under sections 11, 48, 50,
				54 through 61, and 62 through 64 of this rule.
(13) Conveyors, buildings, storage bins or
				stockpiles, water treatment facilities, water storage facilities, and any
				structure or system constituting part of a coal preparation plant shall comply
				with sections 5 through 69 of this rule.
(14) A coal preparation plant located on
				prime farmland must satisfy sections 139 through 142 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-147 - In situ processing; special performance standards

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 147.
(a) Any
				person who conducts in situ processing activities shall comply with sections 70
				through 146 of this rule, this section, and section 148 of this rule.
(b) In situ processing activities shall be
				planned and conducted to minimize disturbance to the prevailing hydrologic
				balance by:
(1) avoiding discharge of fluids
				into holes or wells other than as approved by the director;
(2) injecting process recovery fluids only
				into geologic zones or intervals approved as production zones by the
				director;
(3) avoiding annular
				injection between the wall of the drill hole and the casing; and
(4) preventing discharge of process fluid
				into surface waters.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-148 - In situ processing; monitoring

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 148.
(a) Each
				person who conducts in situ processing activities shall monitor the quality and
				quantity of surface and ground water and the subsurface flow and storage
				characteristics, in a manner approved by the director under section 86 of this
				rule, to measure changes in the quantity and quality of water in surface and
				ground water systems in the permit and adjacent areas.
(b) Air and water quality monitoring shall be
				conducted in accordance with monitoring programs approved by the director as
				necessary according to appropriate Indiana and federal air and water quality
				standards.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-149 - Annual report

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC
				  14-34-5-10
Sec. 149.
(a) As
				used in this section, "mined land" means the following:
(1) Land from which coal has been
				extracted.
(2) Land from which
				overburden has been removed.
(3)
				Land upon which overburden or spoil has been deposited to facilitate surface
				coal mining activities. Mined land does not include land where only auger
				mining has occurred as reported in subsection (c)(3)(D).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-1 - Inspections of sites

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-34-2-1
Affected: IC 14-34-15; IC 14-34-16-7; IC 14-34-16-8
Sec. 1.
(a) The
				director shall conduct inspections as follows:
(1) Except as provided in subsection (f), on
				an irregular basis averaging not less frequently than the following:
(A) One (1) partial inspection per month and
				one (1) complete inspection per calendar quarter for each active surface coal
				mining and reclamation operation.
(B) One (1) partial inspection as frequently
				as is necessary to ensure effective enforcement and one (1) complete inspection
				per calendar quarter for each inactive surface coal mining and reclamation
				operation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-2 - Citizen's request for state inspections

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 5-14-3; IC 14-34;
				  30 CFR
				  842.12
Sec. 2.
(a)
				Whenever, on the basis of any information available to the director, including
				receipt of information from any person, the director has reason to believe that
				an operation is in violation of IC 14-34 and this article, an inspection shall
				be conducted. Such inspection shall be conducted within ten (10) days of
				receipt of the notification.
(b)
				The notification shall consist of a signed, written statement (or an oral
				report followed by a signed, written statement) giving the director reason to
				believe that a violation, a condition, or a practice referred to in subsection
				(a) exists and setting forth a phone number and address where the citizen can
				be contacted.
(c) If the inspection
				results from information provided by any person, that person may accompany the
				director or the director's authorized representative on the
				inspection.
(d) Copies of
				inspection reports, violation notices, and cessation orders, written as a
				result of a citizen's request, will be given to the person who caused the
				inspection to be made and to the permittee alleged to be in
				violation.
(e) The identity of any
				person supplying information to the director relating to a possible violation
				or imminent danger or harm shall remain confidential with the director, if
				requested by that person, unless:
(1) that
				person elects to accompany the inspector on the inspection; or
(2) disclosure is required under IC
				5-14-3.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-3 - Review of adequacy and completeness of inspections

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 3.
Any person who is or may be adversely affected by a surface
				  coal mining operation may notify the director, in writing, of any alleged
				  failure on the part of the director to make adequate and complete inspections.
				  The notification shall include sufficient information to create a reasonable
				  belief that adequate and complete inspections are not being made and that the
				  person is or may be adversely affected by such a failure to inspect. The
				  director shall, within fifteen (15) days of receipt of the notification,
				  determine whether adequate and complete inspections have been made. The fifteen
				  (15) day period may be extended because of factors beyond the control of the
				  director. The director shall also furnish the complainant with a written
				  statement of the reasons for the director's determination that adequate and
				  complete inspections have or have not been conducted. If the director
				  determines that an adequate and complete inspection has not been made, he shall
				  order an inspection. Any person who is or may be adversely affected by a
				  decision not to inspect may request, in writing, the director to review
				  informally an authorized representative's decision not to inspect or to take
				  required enforcement action. The request shall include a statement of how the
				  person is or may be adversely affected and why the decision merits review. The
				  director shall conduct the review and inform the person, in writing, of the
				  results of the review within thirty (30) days of the receipt of the
				  request.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-4 - Availability of records

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 4.
A copy of any record, report, inspection material, or any
				  other information obtained under sections 1 through 3 of this rule, this
				  section, and sections 5 through 10 of this rule other than material designated
				  as confidential, shall be available to the public at the department and at the
				  office of the county recorder in the appropriate county or counties, for the
				  period of time commencing upon issuance until five (5) years after all bonds
				  have been released for the related permitted operation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-5 - State enforcement; cessation orders

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-3-1; IC 14-34-10-2; IC
				  14-34-15-6
Sec. 5.
(a) An
				authorized representative of the director, when conducting an inspection, shall
				immediately order a cessation of the portion of the surface coal mining and
				reclamation operation relevant to the condition, practice, or violation if he
				or she finds any condition or practice, or any violation of IC 14-34-10-2, or
				any condition of a permit required by IC 14-34-3-1, or any condition of an
				exploration approval which condition, practice, or violation:
(1) creates an imminent danger to the health
				or safety of the public; or
(2) is
				causing, or can reasonably be expected to 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 7 - Inspection and Enforcement Procedures › Section 7-6 - State enforcement; notices of violation

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34-1; IC
				  14-34-3-1
Sec. 6.
(a) An
				authorized representative of the director shall issue a notice of violation if,
				on the basis of an inspection, he finds a violation of IC 14-34-1, this
				article, or any condition of a permit issued under IC
				14-34-3-1
				that does not create an imminent danger or harm for which a cessation order
				must be issued under section 5 of this rule.
(b) A notice of violation issued under this
				section shall be in writing, signed by the director or inspector who issues it,
				and shall set forth with particularity the following:
(1) The nature of the violation.
(2) The remedial action required, that may
				include interim steps.
(3) A
				reasonable time for abatement.
(4)
				A reasonable description of the portion of the surface coal mining and
				reclamation operation to which it applies.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-7 - Suspension or revocation of permits

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-15-7
Sec. 7.
(a) Except
				as provided in subsection (d), when the director determines that a pattern of
				violations of any requirements of IC 14-34, this article, or any permit
				conditions required by IC 14-34 exists or has existed, and that the violations
				were caused by the permittee willfully, or through unwarranted failure to
				comply with those requirements or conditions, the director shall issue an order
				to the permittee requiring the permittee to show cause why the permit and a
				right to mine under IC 14-34 should not be suspended or revoked and provide an
				opportunity for a public hearing under IC 4-21.5 and 312 IAC 3. Willful
				violation means an act or omission that violates IC 14-34, this article, or any
				permit condition required by IC 14-34 committed by a person who intends the
				result that actually occurs. Unwarranted failure to comply means the failure of
				the permittee to prevent the occurrence of any violation of the permit or any
				requirement of IC 14-34 or this article, due to indifference, lack of
				diligence, or lack of reasonable care, or the failure to abate any violation of
				such permit or IC 14-34, due to indifference, lack of diligence, or lack of
				reasonable care. Violations by any person conducting surface coal mining
				operations on behalf of the permittee shall be attributed to the permittee
				unless the permittee establishes that they were acts of deliberate
				sabotage.
(b) The director may
				determine that a pattern of violations exists or has existed based on two (2)
				or more inspections of the permit area within any twelve (12) month period
				after considering the circumstances, including the following:
(1) The number of violations, cited on more
				than one (1) occasion of the same or related requirements of IC 14-34, this
				article, or the permit.
(2) The
				number of violations, cited on more than one (1) occasion, of different
				requirements of IC 14-34, this article, or the permit.
(3) The extent to which the violations were
				isolated departures from lawful conduct.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-8 - State enforcement; service on permittee

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 8.
(a) Any
				document issued under sections 5 through 7 of this rule, this section, and
				sections 9 through 12 of this rule shall be served on the permittee, the
				permittee's designated agent, or the individual who, based upon reasonable
				inquiry by the director or the director's authorized representative, appears to
				be in charge of the coal exploration or surface coal mining and reclamation
				operation referred to in the document, promptly after issuance, as follows:
(1) By tendering a copy at the mine office of
				the surface coal mining and reclamation operation to the permittee or the
				permittee's designated agent. Service shall be complete upon tender of the
				notice or order and shall not be deemed incomplete because of refusal to
				accept.
(2) As an alternative to
				subdivision (1), service may be made by sending a copy of the notice or order
				by certified mail to the permittee or the permittee's designated agent. Service
				shall be complete upon receipt of the mail and shall not be deemed incomplete
				because of refusal to accept.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-9 - State enforcement; informal public hearing

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 9.
(a) Except as
				provided in subsections (b) through (c), a notice of violation or cessation
				order that requires cessation of all or any portion of the surface coal mining
				operation expressly or by necessary implication shall expire within thirty (30)
				days after it is served unless an informal public hearing has been held within
				that time. The hearing shall be held at or reasonably close to the mine site so
				that it may be viewed during the hearing or at any other location acceptable to
				the director and the person to whom the notice or order was issued. Expiration
				of a notice or order shall not affect the director's right to assess civil
				penalties for the violations mentioned in the notice or order under sections 13
				through 21 of this rule (civil penalties).
(b) A notice of violation or cessation order
				shall not expire as provided in subsection (a), if the condition, practice, or
				violation in question has been abated or if the informal public hearing has
				been waived.
(c) The director shall
				give as much advance notice as is practicable of the time, place, and subject
				matter of the informal public hearing to:
(1)
				the person to whom the notice or order was issued; and
(2) any person who filed a report which led
				to that notice or order.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-10 - State enforcement; formal review of citations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC
				  14-34-15-9
Sec. 10.
(a) A
				person issued a notice of violation or cessation order under sections 5 through
				6 of this rule, or a person having an interest that is or may be adversely
				affected by the issuance, modification, vacation, or termination of a notice or
				order, may request in writing, a review of that action and request a hearing
				under IC 4-21.5 within thirty (30) days of issuance of that notice or order or
				of its modification, vacation, or termination. The filing of an application for
				review and request for a hearing shall not operate as a stay of any notice or
				order, or of any modification, termination, or vacation of the notice or order.
				The director may consolidate this hearing with a hearing requested pursuant to
				section 20 of this rule.
(b)
				Pending completion of the hearing, the operator may file with the director a
				written request for temporary relief pursuant to IC
				14-34-15-9(e).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-11 - State enforcement; inability to comply

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 11.
(a) No
				cessation order or notice of violation issued under section 5 or 6 of this rule
				may be vacated because of inability to comply.
(b) Inability to comply may not be considered
				in determining whether a pattern of violation exists.
(c) Unless caused by lack of diligence,
				inability to comply may be considered only in mitigation of the amount of civil
				penalty under sections 13 through 21 of this rule and of the duration of the
				suspension of a permit under section 7 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-12 - State enforcement; injunctive relief

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 12.
The director may request the attorney general to institute a
				  civil action for relief, including a permanent or temporary injunction,
				  restraining order, or any other appropriate relief from a court of competent
				  jurisdiction whenever that person or his or her agent:
(1) violates fails, or refuses to comply with
				any order or decision of the commission, department, or director under IC
				14-34;
(2) interferes with,
				hinders, or delays the director or an authorized representative of the director
				in carrying out the director's duties under IC 14-34;
(3) refuses to admit an authorized
				representative of the director to a mine;
(4) refuses to permit inspection of a mine by
				an authorized representative of the director;
(5) refuses to furnish any information or
				report required to be furnished by IC 14-34 or this article;
(6) refuses to permit access to or copying of
				any required records; or
(7)
				refuses to permit inspection of monitoring equipment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-13 - Civil penalties; when assessed

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 13.
(a) The
				director shall assess a penalty for a violation that leads to the issuance of a
				cessation order.
(b) The director
				shall assess a penalty for each notice of violation, if the violation is
				assigned thirty-one (31) points or more under the point system described in
				section 15 of this rule.
(c) The
				director may assess a penalty for each notice of violation assigned thirty (30)
				points or less under the point system described in section 15 of this rule. In
				determining whether to assess a penalty, the director shall consider the
				factors listed in section 14 of this rule.
(d) The director shall assess a penalty of
				five thousand dollars ($5,000) for each day a person conducts a surface coal
				mining operation for which no permit has been approved by the director.
				Provided, however, where a permit has been approved by the director but surface
				coal mining operations are conducted beyond the permit boundary, or in portions
				of the permit area as to which permit conditions remain to be satisfied, the
				penalty shall be determined as provided in subsections (a) through (c).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-14 - Civil penalties; penalty determinations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 14.
The director shall determine the amount of penalty, if any,
				  to be assessed by considering the following factors, and assigning points to
				  each factor as follows:
(1) The
				director shall assign up to thirty (30) points based on the permittee's history
				of previous violations at the particular coal exploration or surface coal
				mining operation during the preceding twelve (12) months. One (1) point shall
				be assigned for each past violation contained in a notice of violation. Five
				(5) points shall be assigned for each violation contained in a cessation order.
				Points shall be assigned as follows:
(A) A
				violation shall not be counted, if the notice or order is the subject of
				pending administrative or judicial review or if the time to request such review
				or to appeal any administrative or judicial decision has not expired.
(B) No violation for which the notice or
				order has been vacated shall be counted.
(C) Each violation shall be counted without
				regard to whether it led to a civil penalty assessment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-15 - Civil penalties; penalty determination; point system

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 15.
Except as provided in sections 13(d) and 16(b) of this rule,
				  the director shall determine the amount of civil penalty, by converting the
				  total number of points assigned under section 14 of this rule to a dollar
				  amount, according to the following schedule:
Points
Dollars
1
20
2
40
3
60
4
80
5
100
6
120
7
140
8
160
9
180
10
200
11
220
12
240
13
260
14
280
15
300
16
320
17
340
18
360
19
380
20
400
21
420
22
440
23
460
24
480
25
500
26
600
27
700
28
800
29
900
30
1,000
31
1,100
32
1,200
33
1,300
34
1,400
35
1,500
36
1,600
37
1,700
38
1,800
39
1,900
40
2,000
41
2,100
42
2,200
43
2,300
44
2,400
45
2,500
46
2,600
47
2,700
48
2,800
49
2,900
50
3,000
51
3,100
52
3,200
53
3,300
54
3,400
55
3,500
56
3,600
57
3,700
58
3,800
59
3,900
60
4,000
61
4,100
62
4,200
63
4,300
64
4,400
65
4,500
66
4,600
67
4,700
68
4,800
69
4,900
70
5,000
and above
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-16 - Civil penalties; assessment of separate violations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC
				  14-34-15-9;
				  IC
				  14-34-17-1
Sec. 16.
(a) The
				director may assess separately a civil penalty for each day from the date of
				issuance of the notice of violation or cessation order to the date set for
				abatement of the violation. In determining whether to make such an assessment,
				the director shall consider the factors listed in section 14 of this rule and
				may consider the extent to which the operator gained any economic benefit as a
				result of a failure to comply.
(b)
				Whenever a violation contained in a notice of violation or cessation order has
				not been abated within the abatement period set in the notice or order, a civil
				penalty of not less than seven hundred fifty dollars ($750) shall be assessed
				for each day during which such failure continues, for a maximum of thirty (30)
				days except that, if the operator initiates review proceedings with respect to
				the violation, the abatement period shall be extended as follows:
(1) If suspension of the abatement
				requirements of the notice or order is ordered in a temporary relief proceeding
				under IC
				14-34-15-9(e)
				 after a determination that the operator will
				suffer irreparable loss or damage from the application of the requirements, the
				period permitted for abatement shall not end until the date on which the
				administrative law judge issues a final order with respect to the violation in
				question.
(2) If the operator
				initiates review proceedings under IC
				14-34-17-1
				with respect to the violation in which the obligations to abate are suspended
				by the court, the daily assessment of a penalty shall not be made for any
				period before entry of a final order by the court.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-17 - Civil penalties; waiver

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 17.
The director, upon the director's own initiative or upon
				  written request, may waive the civil penalty for a notice of violation, in
				  whole or in part, if he or she determines that, taking into account exceptional
				  factors present in the particular case, the penalty would be demonstrably
				  unjust. However, the director shall not waive the penalty on the basis of an
				  argument that a reduction in the proposed penalty could be used to abate
				  violations of IC 14-34, this article, or any condition of a permit or
				  exploration approval. The basis for every waiver shall be fully explained and
				  documented in the records of the case.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-18 - Civil penalties; procedures for assessment

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 18.
(a) If the
				operator believes there are special circumstances surrounding a violation for
				which a notice of violation or cessation order has been issued, and the
				operator wants the director to consider this information before making an
				initial determination of the amount of civil penalty as provided in subsection
				(b), the operator may, within fifteen (15) days of service of the notice or
				order, submit written information about the violation to the director and to
				the inspector who issued the notice of violation or cessation order. This
				information should relate to the four (4) factors set forth in section 14 of
				this rule. The director shall consider any information so submitted in
				determining the amount of the penalty. Whether or not the operator submits
				information under this subsection, the operator may, pursuant to section 19 of
				this rule, request an assessment conference to review the assessment that the
				director will serve under subsection (b).
(b) The director shall serve a copy of the
				proposed assessment and a statement of the basis for the proposed penalty,
				including an evaluation of the four (4) factors set forth in section 14 of this
				rule, on the operator by certified mail within thirty (30) days of the issuance
				of the notice or order.
(1) If the mail is
				offered at the address of the person set forth in the entrance sign, or at any
				address at which that person is in fact located, and if he or she refuses to
				accept delivery of or to collect such mail, the requirements of this subsection
				shall be deemed to have been complied with upon such tender.
(2) Failure by the director to serve any
				proposed assessment within thirty (30) days shall not be grounds for dismissal
				of all or part of such assessment unless the person against whom the proposed
				penalty has been assessed does the following:
(A) Proves actual prejudice as a result of
				the delay.
(B) Makes a timely
				objection to the delay. An objection shall be timely only if made in the normal
				course of administrative review.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-19 - Civil penalties; procedures for assessment conference

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 19.
(a) The
				director shall arrange for a conference to review the proposed assessment or
				reassessment, upon written request of the operator, if the request is mailed
				within fifteen (15) days from the date the proposed assessment or reassessment
				is received.
(b) Requirements for
				an assessment conference are as follows:
(1)
				The director shall assign a conference officer to hold the assessment
				conference. The assessment conference shall be held within sixty (60) days from
				the date of issuance of the provided assessment or the end of the abatement
				period, whichever is later. Failure by the director to hold an assessment
				conference within sixty (60) days is not a basis for dismissal of all or part
				of an assessment unless the person against whom the proposed penalty has been
				assessed proves actual prejudice as a result of the delay. An assessment
				conference is not governed by IC 4-21.5.
(2) The director shall post notice of the
				time and place of the conference at the office closest to the mine at least
				five (5) days prior to the conference. Any person shall have the right to
				attend and participate in the conference.
(3) The conference officer shall consider all
				information relevant to the violation. Within thirty (30) days after the
				conference is held, the conference officer shall either:
(A) settle the issues, in which case a
				settlement agreement shall be prepared and signed by the conference officer on
				behalf of the director and by the operator; or
(B) affirm, raise, lower, or vacate the
				penalty.
(4) An increase
				or reduction of a proposed penalty assessment of more than twenty-five percent
				(25%) and more than five hundred dollars ($500) shall not be final and binding
				on the director until approved by the director or a designee of the
				director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-20 - Civil penalties; hearing request

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 20.
The person charged with the violation may contest the
				  proposed penalty or the fact of the violation by submitting a petition and an
				  amount equal to the proposed penalty or, if a conference has been held, the
				  reassessed or affirmed penalty to the director or the director's authorized
				  delegate (to be held in escrow as provided in section 21(b) of this rule)
				  within thirty (30) days from receipt of the proposed assessment, reassessment,
				  or the conference officer's action. The director, or the director's authorized
				  delegate, shall hold the payment in escrow pending completion of the
				  administrative and judicial review process. The fact of the violation may not
				  be contested if it has been decided in a review proceeding commenced under
				  section 10 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-21 - Civil penalties; final assessment and payment

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 21.
(a) If the
				operator fails to request a hearing as provided in section 20 of this rule, the
				proposed assessment shall become a final order of the director and the penalty
				assessed shall become due and payable upon expiration of the time allowed to
				request a hearing.
(b) If any party
				requests judicial review of a final order of the director, the proposed penalty
				shall continue to be held in escrow until completion of the review. Otherwise,
				subject to subsection (c), the escrow funds shall be transferred to the
				director in payment of the penalty and the escrow shall end.
(c) If the final decision in the
				administrative and judicial review results in an order reducing or eliminating
				the proposed penalty assessed under sections 13 through 20 of this rule and
				this section, the director shall, within thirty (30) days of receipt of the
				order, refund to the person assessed all or part of the escrowed amount, with
				interest from the date of payment into escrow to the date of the refund at the
				rate of six percent (6%), or at the prevailing United States Department of the
				Treasury rate, whichever is greater.
(d) Where final review results in an order
				increasing the penalty, the operator shall pay the difference to the director
				within thirty (30) days after the order is mailed to such operator.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-22 - Termination of jurisdiction

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 22.
(a) The
				director may terminate jurisdiction over the reclaimed site of a completed
				surface coal mining and reclamation operation, or increment thereof, when the
				director determines, in writing, that, under the:
(1) interim program, all requirements imposed
				under 30 CFR Subchapter B, pursuant to IC 14-34, have been successfully
				completed; or
(2) permanent
				program, all requirements imposed under this article have been successfully
				completed or, where a performance bond was required, the director has made a
				final decision in accordance with
				312 IAC
				25-5-16 to release the performance bond
				fully.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-23 - Individual civil penalties; definitions

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 23.
(a) The
				definitions in this section apply to sections 24 through 27 of this
				rule.
(b) "Knowingly" means that an
				individual knew or had reason to know in authorizing, ordering, or carrying out
				an act or omission on the part of a corporate permittee that such act or
				omission constituted a violation, failure, or refusal.
(c) "Violation, failure, or refusal" means
				either of the following:
(1) A violation of a
				condition of a permit issued under IC 14-34 or this article.
(2) A failure or refusal to comply with any
				order issued under IC 14-34 or this article, or any order incorporated in a
				final decision issued by the department under IC 14-34 or this article, except
				an order incorporated in a decision issued under IC 14-34 or this
				article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-24 - Individual civil penalties; timing for assessment

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 24.
(a) Except
				as provided in subsection (b), the director may assess an individual civil
				penalty against any corporate director, officer, or agent of a corporate
				permittee who knowingly and willfully authorized, ordered, or carried out a
				violation, failure, or refusal as defined in section 23(c) of this
				rule.
(b) The director shall not
				assess an individual civil penalty in situations resulting from a permit
				violation by a corporate permittee until a cessation order has been issued to
				the corporate permittee for the violation, and the cessation order has remained
				unabated for thirty (30) days.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-25 - Individual civil penalties; amount

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 25.
(a) When
				determining the amount of an individual civil penalty assessed under section 24
				of this rule, the director shall consider the criteria specified in IC 14-34,
				including each of the following:
(1) The
				individual's history of authorizing, ordering, or carrying out previous
				violations, failures, or refusals, as defined in section 23(c) of this rule, at
				the particular surface coal mining operation.
(2) The seriousness of the violation,
				failure, or refusal as defined in section 23(c) of this rule (as indicated by
				the extent of damage and the cost of reclamation), including any irreparable
				harm to the environment and any hazard to the health or safety of the
				public.
(3) The individual charged
				makes an affirmative demonstration of good faith in attempting to achieve rapid
				compliance after notice of the violation, failure, or refusal as defined in
				section 23(c) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-26 - Individual civil penalties; procedure for assessment

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 26.
(a) The
				director shall serve on each individual to be assessed an individual civil
				penalty a notice of proposed individual civil penalty assessment which shall
				include each of the following:
(1) A narrative
				explanation of the reasons for the penalty.
(2) The amount to be assessed.
(3) A copy of any underlying notice of
				violation and cessation order.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 7 - Inspection and Enforcement Procedures › Section 7-27 - Individual civil penalties; payment of penalty

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 27.
(a) If a
				notice of proposed individual civil penalty assessment becomes a final order in
				the absence of a petition for review or abatement agreement, the penalty shall
				be due upon issuance of the final order.
(b) If an individual named in a notice of
				proposed individual civil penalty assessment files a petition for review in
				accordance with section 26 of this rule, the penalty shall be due upon issuance
				of a final administrative order affirming, increasing, or decreasing the
				proposed penalty.
(c) Where the
				director and the corporate permittee or individual have agreed in writing on a
				plan for the abatement of or compliance with the unabated order, an individual
				named in a notice of proposed individual civil penalty assessment may postpone
				payment until receiving either a final order from the director stating that the
				penalty is due on the date of such final order, or written notice that
				abatement or compliance is satisfactory and the penalty has been
				withdrawn.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-1 - Responsibility of director

Current through July 10, 2024
Authority: IC 14-34-1-3
Affected: IC 14-34-2-6
Sec. 1.
(a) The
				director shall do the following:
(1) Provide
				advice, assistance, and guidance to all employees required to file statements
				pursuant to section 4(a) of this rule.
(2) Review, within required time limits, the
				statement of employment and financial interests and supplements filed by each
				employee to determine if the employee has correctly identified those listed
				employment and financial interests that constitute a direct or indirect
				financial interest in an underground or surface coal mining
				operation.
(3) Resolve prohibited
				financial interest situations by ordering or initiating remedial action or by
				reporting the violations to the director of the Office of Surface Mining (OSM)
				who is responsible for initiating action to impose the penalties of IC
				14-34.
(4) Certify on each
				Statement of Employment and Financial Interests that:
(A) a review has been made;
(B) prohibited financial interests have been
				resolved; and
(C) no other
				prohibited interests have been identified from the statement.
(5) Submit to the director of OSM
				such data that may be requested to enable preparation of the required annual
				report to Congress.
(6) Submit to
				the director of OSM the listings of positions as required by section 4(b)(1)
				and 4(b)(3) of this rule.
(7)
				Furnish a blank statement forty-five (45) days in advance of the filing date
				established by
				30
				CFR 705.13(a) to each
				employee required to file a statement.
(8) Inform annually each employee required to
				file a statement of the name, address, and telephone number of the person whom
				they may contact for advice and counseling.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-2 - Definitions

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 2.
The following definitions apply throughout this rule:
(1) "Act" means IC 14-34.
(2) "Coal mining operation" means the
				business of:
(A) developing, producing,
				preparing, or loading bituminous coal, subbituminous coal, anthracite, or
				lignite; or
(B) reclaiming the
				areas upon which such activities occur.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-3 - Penalties

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 3.
(a) Any
				person who knowingly violates IC
				14-34-2-6
				commits a Class A misdemeanor.
(b)
				Any person who knowingly violates IC
				14-34-2-6 may
				also be punished under Section 417(g) of the Surface Mining Control and
				Reclamation Act of 1977, Public Law 95-87.
(c) IC
				14-34-2-6
				makes compliance with the financial interest requirements a condition of
				employment for employees of the department who perform any functions or duties
				under IC 14-34.
(d) An employee who
				fails to file the required statement will be considered in violation of the
				intended employment provisions of IC
				14-34-2-6 and
				will be subject to removal from his or her position.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 8 - Restriction on Financial Interest of State Employees › Section 8-4 - Filing requirements

Current through July 10, 2024
Authority: IC
				  14-34-1-3
Affected: IC
				  14-34-2-6
Sec. 4.
(a) Any
				employee who performs any function or duty under IC 14-34 or this article is
				required to file a statement of employment and financial interests. Members of
				a board (including the commission or advisory board) established under Indiana
				statute or rule to represent multiple interests, who perform a function or duty
				under IC 14-34 or this article, must file a statement of employment and
				financial interests.
(b) An
				employee who occupies a position that has been determined by the director not
				to involve performance of any function or duty under IC 14-34 or this article
				is not required to file a statement. The director shall:
(1) prepare a list of those positions within
				the department's division of reclamation that do not involve performance of any
				functions or duties under IC 14-34 or this article;
(2) prepare a list of the divisions within
				the department that have no employees performing functions or duties under IC
				14-34 or this article; and
(3) for
				divisions within the department that have some employees performing functions
				or duties under IC 14-34 or this article, prepare a list of those positions
				required to file a statement of employment and financial interests.