Sec. 1. (a) To aid in the enforcement of this article, the director shall require each permittee to establish and maintain the information and records required by the commission by rule. (b) Each permittee shall do the following: (1) Perform the following administrative duties: (A) Establish and maintain appropriate records. (B) Make monthly reports to […]
Sec. 10. Whenever an order is issued: (1) under this chapter or under IC 13-4.1-11 (before its repeal); or (2) as a result of an administrative proceeding under this article or under IC 13-4.1 (before its repeal) instituted at the request of a person; the court, resulting from judicial review, or the commission may assess […]
Sec. 11. 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 order, in an appropriate court in the county in which the surface coal mining and reclamation operation is located if a person does any of the following: […]
Sec. 12. (a) In addition to other remedies available under statutory or common law, a person with an interest that is or may be adversely affected may commence a civil action on the person’s own behalf to compel compliance with this article against any of the following: (1) A person allegedly in violation of: (A) […]
Sec. 13. (a) A person who is or may be adversely affected by a surface mining operation may notify the director or any representative of the director responsible for conducting the inspection, in writing, of a violation of this article that the person has reason to believe exists at the surface mining site. (b) The […]
Sec. 14. (a) The commission shall by rule establish procedures to ensure that adequate and complete inspections are made. (b) A person may notify the director of a failure to make an inspection, after which the director shall determine whether an adequate and complete inspection has been made. (c) The director shall furnish the person […]
Sec. 15. (a) A person whose person or property is injured through the violation by an operator of a rule, an order, or a permit issued under: (1) IC 13-4.1 (before its repeal); or (2) this article; may bring an action for damages, including reasonable attorney’s and expert witness fees. The action must be brought […]
Sec. 16. A person subject to this article who: (1) is entitled to request a hearing under IC 4-21.5-3; or (2) has an interest that may be adversely affected by the outcome of a hearing under IC 4-21.5-3; may intervene in the hearing. [Pre-1995 Recodification Citation: 13-4.1-11-12.] As added by P.L.1-1995, SEC.27.
Sec. 2. (a) For those surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use either on or off the mining site, the director shall specify the following: (1) Monitoring sites to record the quantity and quality of surface drainage above […]
Sec. 3. (a) The director shall inspect the surface coal mining and reclamation operation covered by a permit issued under this article on an irregular basis with, at a minimum, the following: (1) One (1) partial inspection per month. (2) One (1) complete inspection per calendar quarter. (b) In addition to the inspections conducted under […]
Sec. 4. (a) Following completion of the inspections required under section 3 of this chapter, the inspector shall file an inspection report. The inspection report must include information sufficient to allow the director to enforce the requirements and carry out the purposes of this article. (b) A copy of any record, report, inspection material, or […]
Sec. 5. (a) If, due to an inspection under section 3 of this chapter, the director or an inspector determines a violation of: (1) this article; or (2) a rule adopted under this article; has occurred, the director or inspector shall notify the permittee in writing of the violation and make a reasonable attempt to […]
Sec. 6. (a) As used in this section, “imminent danger to the health or safety of the public” means the existence of: (1) a condition; (2) a practice; or (3) a violation of a permit or other requirement of this article; in a surface coal mining and reclamation operation that could reasonably be expected to […]
Sec. 7. (a) As used in this section, “unwarranted failure to comply” means the failure of a permittee to: (1) prevent the occurrence of a violation of: (A) the permittee’s permit; or (B) a requirement of this article; or (2) abate a violation of: (A) the permit; or (B) this article; due to indifference, lack […]
Sec. 8. (a) The director or inspector, as appropriate, shall sign each written notice or order issued under this chapter and promptly deliver the notice or order to the permittee. The notice or order must set forth with particularity the following: (1) The nature of the violation. (2) The remedial action required. (3) The time […]
Sec. 9. (a) Any person having an interest that is or may be adversely affected by the issuance under this chapter or under IC 13-4.1-11 (before its repeal) of: (1) a notice of violation; (2) a cessation order; (3) the modification of a notice of violation or a cessation order; (4) the vacation of a […]
