Sec. 1. This chapter provides for the proper reclamation of areas of land subjected to surface mining of minerals in accordance with modern standards to do the following: (1) Provide improved land use practice of these areas. (2) Prevent or minimize injurious effects to the people and the natural resources of Indiana, including the need […]
Sec. 10. As used in this chapter, “overburden” means the soil and other materials that lie above a mineral deposit. [Pre-1995 Recodification Citation: 13-4-6-2(d).] As added by P.L.1-1995, SEC.29.
Sec. 11. As used in this chapter, “reclamation” means the rehabilitation of the area of land affected by surface mining under an approved reclamation plan. [Pre-1995 Recodification Citation: 13-4-6-2(b).] As added by P.L.1-1995, SEC.29.
Sec. 12. As used in this chapter, “reclamation plan” means the operator’s written proposal approved by the commission for reclamation of the affected area. The term includes the following: (1) Land use objectives. (2) Specifications for grading. (3) Manner and type of revegetation. (4) The maps and other supporting documents that are required by this […]
Sec. 13. (a) The commission may: (1) grant; (2) suspend; (3) revoke; (4) modify; or (5) release; permits for surface mining under this chapter. (b) The commission shall do the following: (1) Approve or disapprove the applications for permits consistent with the purposes of this chapter. (2) Adopt rules under IC 4-22-2 to carry out […]
Sec. 14. (a) The director shall do the following: (1) Supervise the administration and enforcement of this chapter and the rules adopted under this chapter. (2) Conduct the necessary investigations and inspections for the proper administration of this chapter. (3) Order the ceasing of surface mining operations by a person who does not possess a […]
Sec. 15. (a) As used in this section, “pit” means a tract of land: (1) from which the overburden has been removed or is being removed; and (2) where mine run mineral is being produced in the raw state. (b) A person who engages in surface mining must have a permit from the commission designating […]
Sec. 16. A permit: (1) authorizes the operator to engage in surface mining upon the area of land described in the permit; and (2) is effective for one (1) year from the date of issuance unless revoked or suspended as provided in this chapter. [Pre-1995 Recodification Citation: 13-4-6-5(a) part.] As added by P.L.1-1995, SEC.29.
Sec. 17. An application for a permit must include the following: (1) The description and acreage of affected area under the requested permit. (2) The name of each owner of the surface of the area of land to be affected by the permit. (3) The name of each owner of all surface area within five […]
Sec. 18. An application for a permit must be accompanied by maps on which are indicated the following: (1) The location of the operation. (2) The name of the applicant and date. (3) The boundaries of the area of land affected. (4) The drainage plan on and away from the area of land affected. (5) […]
Sec. 19. The operator may amend any of the information or consent required by section 17 or 18 of this chapter with the approval of the commission at any time upon filing with the commission an amended application. [Pre-1995 Recodification Citation: 13-4-6-5(d).] As added by P.L.1-1995, SEC.29.
Sec. 2. Notwithstanding any other provision of this chapter, except section 3 of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b). [Pre-1995 Recodification Citation: 13-4-6-1.5.] As added by P.L.1-1995, SEC.29.
Sec. 20. Each operator shall pay the following fees, which shall be deposited in the division of reclamation fund: (1) One hundred dollars ($100) for the first application filed each year. (2) One hundred dollars ($100) for each additional application filed in the same year. (3) Fifty dollars ($50) for each acre or fraction of […]
Sec. 21. Contemporaneously with and as a condition precedent to the issuance of a permit, each operator must file with the director a bond payable to the department, conditioned that the operator will faithfully perform all requirements of the commission in accordance with this chapter. A bond must be signed by the operator as principal […]
Sec. 22. The commission shall determine the amount of a penalty bond subject to the following: (1) A bond may not be less than: (A) five thousand dollars ($5,000); or (B) one thousand dollars ($1,000) per acre; whichever is larger. (2) The total bond may not be greater than five thousand dollars ($5,000) per acre. […]
Sec. 23. The commission shall determine the bond amount after evaluation of the following: (1) Previous compliance. (2) Business structure. (3) Previous mining experience. (4) Mining method. (5) Size of operation. (6) Depth of overburden. (7) Geological formation. (8) Attachable real property or other assets within Indiana. (9) Other factors relative to the operator’s ability […]
Sec. 24. An operator may execute a bond without surety if the operator deposits with the director cash or securities that meet the approval of the commission in an amount equal to the surety bond prescribed by section 22 of this chapter. [Pre-1995 Recodification Citation: 13-4-6-5(g) part.] As added by P.L.1-1995, SEC.29.
Sec. 25. The commission may increase the number of acres for which a permit is issued after the permit is issued on receipt of the prescribed fee and additional bond for the additional number of acres. [Pre-1995 Recodification Citation: 13-4-6-5(g) part.] As added by P.L.1-1995, SEC.29.
Sec. 26. Reclamation of an area for which a permit is granted under this chapter shall be conducted as follows: (1) The operator shall grade the affected area to a topography consistent with the land use objectives stated in the plan of reclamation submitted by the operator and approved by the commission. The grading shall […]
Sec. 27. (a) Within sixty (60) days after the earlier of: (1) the expiration of a permit; or (2) the completion or abandonment of the operation for which a permit was issued; the operator shall file with the director a report of the operation licensed on a form prescribed by the director. (b) The report […]
