Sec. 1. At the time of submission of an application for a permit or revision or renewal of a permit under this article, the applicant shall do the following: (1) Place the advertisement submitted as part of the application under IC 14-34-3-3(6) in a local newspaper of general circulation in the county in which the […]
Sec. 10. (a) The director may not approve a permit application unless, in addition to the findings required by section 7 of this chapter, the director states in writing that the director has considered the effects of the proposed mining operation on a place listed on or eligible for listing on the National Register of […]
Sec. 10.5. (a) A person who submits an application for a permit or for the revision or renewal of a permit under this article shall, to the extent not otherwise addressed in the permit application, make a good faith effort to identify potential problems that may result in an unanticipated event or condition. (b) An […]
Sec. 11. (a) If an informal conference or public hearing is held under section 5 of this chapter, the director shall furnish the applicant and all parties with written findings: (1) granting or denying the permit in whole or in part; and (2) stating the reasons for granting or denying the permit in whole or […]
Sec. 12. The director shall notify an applicant of the director’s decision regarding the application. If the application is disapproved, the notification must set forth specific reasons for the application’s disapproval. [Pre-1995 Recodification Citation: 13-4.1-4-5(a).] As added by P.L.1-1995, SEC.27.
Sec. 13. (a) Within thirty (30) days after an applicant is notified of the approval or disapproval of an application: (1) the applicant; or (2) any person with an interest that is or may be adversely affected; may request a hearing on the reasons for the final determination. The request must identify the person’s interest […]
Sec. 14. The director shall issue a permit if all of the following apply: (1) The application is approved. (2) The bonding requirements of IC 14-34-6 are met. (3) The thirty (30) day period specified under section 13(a) of this chapter has expired. [Pre-1995 Recodification Citation: 13-4.1-4-5.1.] As added by P.L.1-1995, SEC.27.
Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under section 14 of this chapter is effective upon issuance, unless a stay of the permit has been granted under section 17 of this chapter. [Pre-1995 Recodification Citation: 13-4.1-4-5.2.] As added by P.L.1-1995, SEC.27.
Sec. 16. (a) Within ten (10) days after a permit is issued, the director shall notify the following persons that a permit has been issued: (1) The local government officials in the county in which the area of land to be affected is located. (2) Each person identified in the permit application under IC 14-34-3-3(2). […]
Sec. 17. If a hearing is requested under section 13 of this chapter, the commission may, under the conditions that the commission prescribes, grant appropriate temporary relief pending final determination of the proceedings if the following conditions are met: (1) All parties to the proceedings are notified and given an opportunity to be heard on […]
Sec. 18. (a) Each permit issued by the director is subject to conditions imposed by the director. The conditions must include at a minimum a requirement for the operator to pay to the federal Office of Surface Mining all fees owed under 30 CFR Part 870. (b) The director may issue a permit subject to […]
Sec. 2. (a) The director shall give notice to the following: (1) Various local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies in the county in which the proposed surface coal mining operation will take place. (2) All federal or state governmental agencies with authority to issue permits and licenses applicable […]
Sec. 3. (a) The local bodies, agencies, authorities, or companies notified under section 2 of this chapter may, within thirty (30) days of notification, submit written comments concerning the permit applications with respect to the effect of the proposed surface coal mining operation on the environment in their area of responsibility. (b) The director shall […]
Sec. 4. (a) A person with an interest that is or may be adversely affected by a proposed surface coal mining operation or the officer or head of a federal, state, or local governmental agency or authority may: (1) file written objections to the proposed initial or revised application for a permit for surface coal […]
Sec. 5. (a) If written objections are filed and an informal conference or a public hearing is requested, the director shall hold the conference or public hearing in the locality of the proposed surface coal mining operation within a reasonable time of receipt of the objections or request. The director shall advertise in a newspaper […]
Sec. 6. A public hearing shall be held on the proposed initial or revised application for a permit if any of the following conditions exist: (1) The applicant requests a public hearing under section 4 of this chapter. (2) A petition is filed with the director requesting a public hearing that is signed by at […]
Sec. 7. (a) The applicant has the burden of establishing that the application complies with all the requirements of this article. The director may not approve a permit or revision application unless the application affirmatively demonstrates and the director finds the following: (1) The permit application is accurate and complete and in compliance with all […]
Sec. 8. (a) As used in this section, “applicant” or “operator” includes the following: (1) The officers, partners, or directors of the applicant or operator. (2) The officers, partners, or directors of applicants or operators under IC 14-36-1. (b) The director may not issue a permit to an applicant if the director finds after a […]
Sec. 8.5. The: (1) finding required by section 7(a)(6) of this chapter; and (2) prohibition on the issuance of a permit in section 8 of this chapter; do not apply to a violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligible for remining under a permit held […]
Sec. 9. (a) This section does not apply to an existing surface coal mining operation that held a valid permit on August 3, 1977, with continuous permits since that date. (b) In addition to finding the application in compliance with section 7 of this chapter, if the proposed mining area contains prime farmland under IC […]
