CHAPTER 1. GENERAL PROVISIONS
IC 14-34
ARTICLE 34. SURFACE COAL MINING ANDRECLAMATION
IC 14-34-1
Chapter 1. General Provisions
IC 14-34-1-1
Application of article
Sec. 1. This article applies to the following:
(1) A person who engages in surface coal mining operations,whether or not the person has a permit.
(2) An agency, a unit, or an instrumentality of federal, state, orlocal government, including a publicly owned utility or publiclyowned corporation of federal, state, or local government, thatproposes to engage in surface coal mining operations.
As added by P.L.1-1995, SEC.27.
IC 14-34-1-2
Exemptions from article
Sec. 2. This article does not apply to any of the followingactivities:
(1) The extraction of coal by a landowner for the landowner'sown noncommercial use from land owned or leased by thelandowner.
(2) The extraction of coal as an incidental part of federal, state,or local government financed highway or other constructionunder rules established by the commission.
As added by P.L.1-1995, SEC.27.
IC 14-34-1-3
Purpose of article
Sec. 3. It is the purpose of this article to do the following:
(1) Implement and enforce the federal Surface Mining Controland Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
(2) Establish a statewide program to protect society and theenvironment from the adverse effects of surface coal miningoperations.
(3) Assure that the rights of surface landowners and otherpersons with a legal interest in the land or appurtenances to theland are fully protected from surface coal mining operations.
(4) Assure that surface mining operations are not conductedwhere reclamation as required by this article is not feasible.
(5) Assure that surface coal mining operations are conducted soas to protect the environment.
(6) Assure that adequate procedures are undertaken to reclaimsurface areas as contemporaneously as possible with the surfacecoal mining operations.
(7) Assure that the coal supply essential to the nation's energy
requirements and economic and social well-being is providedand strike a balance between protection of the environment andagricultural productivity and the nation's need for coal as anessential source of energy.
(8) Promote the reclamation of mined areas left withoutadequate reclamation before August 3, 1977, and that continue,in their unreclaimed condition, to substantially degrade thequality of the environment, prevent or damage the beneficialuse of land or water resources, or endanger the health or safetyof the public.
(9) Assure that appropriate procedures are provided for thepublic participation in the development, revision, andenforcement of regulations, standards, reclamation plans, orprograms established by the state.
(10) Wherever necessary, exercise the full reach of stateconstitutional powers to ensure the protection of the publicinterest through effective control of surface coal miningoperations.
As added by P.L.1-1995, SEC.27.
IC 14-34-1-4
Requirements less stringent than federal requirements
Sec. 4. (a) It is the purpose of this article to establish requirementsthat are not more stringent than the requirements required to meet theFederal Surface Mining Control and Reclamation Act of 1977 (30U.S.C. 1201 through 1328).
(b) The director and the commission may not adopt a rule underthis article that is more stringent than corresponding provisions underthe Federal Surface Mining Control and Reclamation Act of 1977(30 U.S.C. 1201 through 1328).
As added by P.L.1-1995, SEC.27.
IC 14-34-1-5
Limitations on administrative law judge
Sec. 5. Notwithstanding IC 4-21.5-3-25(d), under this article anadministrative law judge may not impose conditions upon theparticipation or testimony of a party or limit discovery,cross-examination, or argument that would cause implementation ofthis article to be inconsistent with or not in accordance with thefederal Surface Mining Control and Reclamation Act of 1977 (30U.S.C. 1201 through 1328).
As added by P.L.1-1995, SEC.27.