Sec. 1. (a) After a surface coal mining and reclamation permit application is approved but before the permit is issued, the applicant must file with the director, on a form prescribed and furnished by the director, a bond for performance payable to the state and conditional upon faithful performance of all the requirements of this […]
Sec. 10. (a) This section applies to the following: (1) A person with a legal interest that might be adversely affected by release of a bond. (2) The responsible officer or head of a federal, state, or local governmental agency that: (A) has jurisdiction by law or special expertise with respect to an environmental, a […]
Sec. 11. (a) If written objections are filed and a hearing requested under section 10 of this chapter, the director shall do the following: (1) Inform all the interested parties of the date, time, and location of the hearing. (2) Publish notice of the information one (1) time each week for two (2) consecutive weeks: […]
Sec. 12. Without prejudice to the rights of the objectors under section 10 of this chapter or the applicant, the director may provide for an informal conference to resolve the written objections. [Pre-1995 Recodification Citation: 13-4.1-6-7(f).] As added by P.L.1-1995, SEC.27.
Sec. 13. The director may release the bond, deposit, or letter of credit in whole or in part if the director is satisfied that the reclamation covered by the bond or deposit or part of the bond or deposit has been accomplished as required by this article according to the following schedule: (1) When the […]
Sec. 14. (a) If a public hearing requested under section 10 of this chapter is not held, the director shall notify the permittee in writing of the decision on the application or bond release within sixty (60) days of the filing of the application. (b) If the director disapproves the application for release of the […]
Sec. 14.3. The director may release the bond, deposit, or letter of credit covering an area that has not been disturbed by surface coal mining activities. A release under this subsection is not subject to the public notice and hearing requirements set forth in sections 7 through 14 of this chapter. As added by P.L.176-1995, […]
Sec. 14.6. (a) This section applies when an applicant or permittee submits a bond, deposit, or letter of credit covering an area that: (1) has been disturbed by surface coal mining activities; and (2) is covered by another bond, deposit, or letter of credit previously submitted by another permittee. (b) Except as provided in subsection […]
Sec. 15. (a) As used in this section, “fund” refers to the post-1977 abandoned mine reclamation fund established by this section. (b) The post-1977 abandoned mine reclamation fund is established. The fund consists of bond forfeiture money collected under section 16 of this chapter and the civil penalties described in IC 14-34-16-9. Unless the prior […]
Sec. 16. (a) The director may order the forfeiture of all or part of a bond for a permit area or an increment of a permit area, regardless of whether the entire area has been disturbed by surface mining activities, if: (1) the permittee does not conduct reclamation operations in accordance with the applicable reclamation […]
Sec. 2. (a) The director shall determine the amount of the bond required for each bonded area. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the director if forfeiture occurs. However, the bond amount may not be less than […]
Sec. 3. Liability under the bond extends for: (1) the duration of the surface coal mining and reclamation operation; and (2) a period coincident with the operator’s responsibility for revegetation requirements in IC 14-34-10. [Pre-1995 Recodification Citation: 13-4.1-6-3.] As added by P.L.1-1995, SEC.27.
Sec. 4. The operator and a corporate surety: (1) licensed to do business in Indiana; and (2) recognized by the treasurer of state as holding a certificate of authority from the United States Department of the Treasury as an acceptable surety on federal bonds; shall execute the bond. [Pre-1995 Recodification Citation: 13-4.1-6-4.] As added by […]
Sec. 5. (a) Instead of a bond, an operator may elect to deposit: (1) cash; (2) negotiable bonds of the United States government or of Indiana; or (3) negotiable certificates of deposit or letters of credit of a bank organized or transacting business in the United States; in an amount or that has a market […]
Sec. 6. The director shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant’s bond periodically as: (1) affected land acreages are increased or decreased; (2) changes occur in the cost of future reclamation; or (3) significant changes occur in the history of the mining and […]
Sec. 7. (a) After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or deposit. As part of the bond release application, the permittee must do the following: (1) Submit copies of letters that the permittee has sent by certified mail to: (A) […]
Sec. 8. If an application for total or partial bond release is filed with the director, the director shall notify appropriate: (1) local governmental bodies; (2) planning agencies; (3) sewage and water treatment authorities; or (4) water companies; in the county in which the surface coal mining operation is located by certified mail at least […]
Sec. 9. Within thirty (30) days of receipt of a bond release application, the director shall conduct an inspection and evaluation of the reclamation work involved. The evaluation must include the following: (1) The degree of difficulty to complete a remaining reclamation. (2) Whether pollution of surface and subsurface water is occurring. (3) The probability […]
