CHAPTER 1. SURFACE MINING RECLAMATION
IC 14-36
ARTICLE 36. RECLAMATION
IC 14-36-1
Chapter 1. Surface Mining Reclamation
IC 14-36-1-1
Purpose of reclamation
Sec. 1. This chapter provides for the proper reclamation of areasof land subjected to surface mining of minerals in accordance withmodern standards to do the following:
(1) Provide improved land use practice of these areas.
(2) Prevent or minimize injurious effects to the people and thenatural resources of Indiana, including the need to do thefollowing:
(A) Protect lakes and streams from pollution.
(B) Decrease soil erosion.
(C) Decrease the hazards of fire.
(D) Improve the aesthetic value of the landscape.
(E) Enhance the development of wildlife resources.
(F) Increase the economic contributions of the affected areasto the welfare of the people of Indiana.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-2
Exemptions
Sec. 2. Notwithstanding any other provision of this chapter,except section 3 of this chapter, this chapter does not apply to coalmining operations if IC 14-34 is applicable to those operations underIC 14-34-1-4(a) or IC 14-34-1-4(b).
As added by P.L.1-1995, SEC.29.
IC 14-36-1-3
Operations subject to certain statutes
Sec. 3. All surface mining operations that operate or haveoperated under a permit issued under this chapter subject to:
(1) Acts 1978, P.L.159;
(2) Acts 1979, P.L.314;
(3) Acts 1980, P.L.101, SECTION 5; or
(4) Acts 1981, P.L.331;
are subject to IC 14-34-15, IC 14-34-16, IC 14-34-17, 30 U.S.C.1252, 30 U.S.C. 1260(d), 30 U.S.C. 1272(e), and 30 CFR 710through 716.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-4
"Affected area" defined
Sec. 4. As used in this chapter, "affected area" means the area ofland:
(1) from which overburden has been removed; (2) upon which cast overburden, mining refuse, or a mineral hasbeen deposited; and
(3) that is disturbed incidental to an operation.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-5
"Cast overburden" defined
Sec. 5. As used in this chapter, "cast overburden" means a bankor deposit of overburden after removal from the overburden's naturalstate.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-6
"Mineral" defined
Sec. 6. As used in this chapter, "mineral" means coal, clay, orshale, including oil shale.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-7
"Mining refuse" defined
Sec. 7. As used in this chapter, "mining refuse" means all wastematerial directly connected with the cleaning and preparation ofsubstances mined by surface mining.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-8
"Operation" defined
Sec. 8. As used in this chapter, "operation" means the premises,facilities, nonpublic roads, and equipment used in the process ofproducing minerals from a surface mine.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-9
"Operator" defined
Sec. 9. As used in this chapter, "operator" means a personengaged in carrying on surface mining operations.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-10
"Overburden" defined
Sec. 10. As used in this chapter, "overburden" means the soil andother materials that lie above a mineral deposit.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-11
"Reclamation" defined
Sec. 11. As used in this chapter, "reclamation" means therehabilitation of the area of land affected by surface mining under anapproved reclamation plan.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-12
"Reclamation plan" defined
Sec. 12. As used in this chapter, "reclamation plan" means theoperator's written proposal approved by the commission forreclamation 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 requiredby this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-13
Commission's powers regarding permits
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 permitsconsistent with the purposes of this chapter.
(2) Adopt rules under IC 4-22-2 to carry out this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-14
Duties of director
Sec. 14. (a) The director shall do the following:
(1) Supervise the administration and enforcement of thischapter and the rules adopted under this chapter.
(2) Conduct the necessary investigations and inspections for theproper administration of this chapter.
(3) Order the ceasing of surface mining operations by a personwho does not possess a valid permit as required by statute.
(4) Order compliance with the terms of a permit issued underthis chapter.
(5) Have access to all parts of the areas under application orunder permit for surface mining without liability to theoperator.
(6) Accept, release, or retain parts of cash or surety bondsrequired by this chapter.
(7) Conduct research related to surface mining.
(8) Collect and disseminate information relating to surfacemining.
(9) Accept and use money from any source to aid in carryingout the purposes of this chapter.
(b) The director may delegate any duty prescribed by subsection(a) to other employees of the department.As added by P.L.1-1995, SEC.29.
IC 14-36-1-15
Permit exemptions
Sec. 15. (a) As used in this section, "pit" means a tract of land:
(1) from which the overburden has been removed or is beingremoved; and
(2) where mine run mineral is being produced in the raw state.
(b) A person who engages in surface mining must have a permitfrom the commission designating the area of land affected by theoperation unless at least one (1) of the following conditions exists:
(1) Minerals regulated under this chapter constitute not morethan twenty-five percent (25%) of the total tonnage of materialsbeing extracted from the pit and the materials are extracted forpurposes of bona fide sale or commercial use.
(2) The overburden above the mineral seam is insufficient forreclamation under section 26 of this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-16
Permit powers; effective date
Sec. 16. A permit:
(1) authorizes the operator to engage in surface mining upon thearea of land described in the permit; and
(2) is effective for one (1) year from the date of issuance unlessrevoked or suspended as provided in this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-17
Contents of application
Sec. 17. An application for a permit must include the following:
(1) The description and acreage of affected area under therequested permit.
(2) The name of each owner of the surface of the area of land tobe affected by the permit.
(3) The name of each owner of all surface area within fivehundred (500) feet of any part of the affected area.
(4) The name of the owner of the mineral to be mined.
(5) The permanent and temporary post office addresses of theapplicant.
(6) The written consent of the applicant and other persons, ifany, necessary to grant access to the director or the director'sdesignee to the area under application from the date ofapplication until the expiration of a permit granted under theapplication and thereafter for the time that is necessary to assurecompliance with this chapter and the rules adopted under thischapter.
(7) The proposed method of operation, grading work, anddrainage control and a reclamation plan for the affected area,which must meet the requirements of this chapter and the rules
adopted under this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-18
Maps accompanying application
Sec. 18. An application for a permit must be accompanied bymaps 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 landaffected.
(5) All utility and other easements on the area of land affectedand any other information appropriate to the administration ofthis chapter as required by the rules adopted under this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-19
Amendment of information or consent
Sec. 19. The operator may amend any of the information orconsent required by section 17 or 18 of this chapter with the approvalof the commission at any time upon filing with the commission anamended application.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-20
Fees
Sec. 20. Each operator shall pay the following fees, which shallbe deposited in the division of reclamation fund:
(1) One hundred dollars ($100) for the first application filedeach year.
(2) One hundred dollars ($100) for each additional applicationfiled in the same year.
(3) Fifty dollars ($50) for each acre or fraction of an acredescribed in the application.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-21
Performance bond
Sec. 21. Contemporaneously with and as a condition precedent tothe issuance of a permit, each operator must file with the director abond payable to the department, conditioned that the operator willfaithfully perform all requirements of the commission in accordancewith this chapter. A bond must be signed by the operator as principaland by a corporate or individual surety approved by the director.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-22
Penalty bond
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.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-23
Amount of bond
Sec. 23. The commission shall determine the bond amount afterevaluation 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 to accomplishthe intent of this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-24
Bond without surety
Sec. 24. An operator may execute a bond without surety if theoperator deposits with the director cash or securities that meet theapproval of the commission in an amount equal to the surety bondprescribed by section 22 of this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-25
Increasing acres for permit
Sec. 25. The commission may increase the number of acres forwhich a permit is issued after the permit is issued on receipt of theprescribed fee and additional bond for the additional number ofacres.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-26
Reclamation procedures
Sec. 26. Reclamation of an area for which a permit is grantedunder this chapter shall be conducted as follows:
(1) The operator shall grade the affected area to a topographyconsistent with the land use objectives stated in the plan ofreclamation submitted by the operator and approved by thecommission. The grading shall be done in a manner that doesthe following: (A) Minimizes erosion.
(B) Breaks up long, uninterrupted slopes.
(C) Leaves the surface free from large rocks and otherobstructions, wherever practicable, so as to permit theoperation of suitable machinery over the surface.
(2) The operator shall construct earth dams in final cuts of alloperations to create lakes for water impoundment if the lakeswill not interfere with other mining operations or damageadjoining property. The dams shall be constructed in a mannersatisfactory to the director and must receive departmentapproval before bond release. Where acid forming materials arepresent and are not covered by impounded water, the operatorshall cover the materials to a depth of not less than two (2) feetwith earth or nontoxic overburden.
(3) Access roads shall be located and constructed to the width,base, and grade specifications that will minimize erosion anddeterioration and permit use for the purposes set forth in thereclamation plan. Mining refuse may not be used in theconstruction or maintenance of access roads.
(4) The operator shall remove or bury all metal, lumber, orother debris or refuse resulting from the mining operation. Allmaterials used in the mining operation shall be disposed of asrequired before the termination of the operation in the affectedarea.
(5) The operator shall revegetate the affected area described inthe application with seed, plants, or cuttings of trees, shrubs, orgrasses as recommended or approved in writing by the director.The revegetation must conform to the approved land useobjectives stated in the approved plan of reclamation. Theseeding or planting required by this section shall be carried outin accordance with a revegetation plan filed with the directorbefore November 30 of the year preceding planting. Therevegetation plan must include information on the approximatenumbers and kinds of plants or seed to be used together with theseed or plant specifications set forth in rules adopted by thecommission.
(6) The operator shall begin the reclamation of the affected areaas soon as practicable after initiation of mining operations andconsistent with the approved plan of reclamation. The operatorshall carry out the grading requirements set forth in thereclamation plan and described in subdivision (1) as soon aspracticable after deposit of the overburden and before removalof reclamation equipment from the mining operation. Theoperator shall begin the revegetation set forth in therevegetation plan as soon as practicable following the miningoperation. Approval of the revegetation plan by the director iscontingent upon the physical and chemical condition of the castoverburden.
(7) The operator shall treat effluent from the permit area usingthe best technology available to prevent additional contributions
not in excess of requirements set by applicable state or federallaw of suspended solids or acid or toxic mine drainage to streamflow outside the permit area.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-27
Report of operation
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 whicha permit was issued;
the operator shall file with the director a report of the operationlicensed on a form prescribed by the director.
(b) The report must do the following:
(1) Identify the operator and the permit under which operationswere conducted.
(2) State the county and township in which the area affected bythe operations is located.
(3) Describe the area of land affected by the operation withinthe time covered by the report with sufficient certainty so thatthe land may be located and distinguished from other land. Amap shall be attached to the report certified by a surveyorregistered under Indiana law showing the boundary lines of thearea of land affected by the operation within the time coveredby the report.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-28
Charge against bond; release of bond; refund of fees
Sec. 28. (a) Upon receipt of the operator's affected area report thedirector shall charge against the surety bonds or other securities ondeposit in connection with the operation covered by the report theamount required by section 22 of this chapter for each acre of landin the area of land affected by the operation within the time coveredby the report. The director shall issue to the operator and thedirector's surety a release of any parts of the surety bonds or othersecurity on deposit in connection with the operation against which acharge has not been made.
(b) If the report shows that the number of acres of land comprisingthe area of land affected is smaller than the number of acres of landfor which the operator has paid to the director a permit fee inconnection with the permit authorizing the operation covered by thereport, the operator is entitled to a refund in the amount of the feespaid for acres not affected.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-29
Retention of bond for revegetation
Sec. 29. (a) Upon the completion of the grading requirements, thecommission shall grant a partial release of the bond. The amount of
bond retained for revegetation must be adequate to cover thesatisfactory reclamation of the area. The remainder of the bond shallcontinue to be posted until satisfactory vegetative cover has beenestablished but not for more than fifteen (15) years.
(b) If the bond is forfeited, the director shall expend the bond ina reclamation program for the area of land for which the bond wasposted.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-30
Noncompliance
Sec. 30. (a) If the director finds that any of the requirements of:
(1) this chapter;
(2) the rules adopted under this chapter; or
(3) an order of the director or the commission;
have not been complied with within the time limits set by thedirector, the commission, or this chapter, the director shall cause anotice of noncompliance to be served upon the operator.
(b) A notice of noncompliance:
(1) shall be served by registered or certified mail addressed tothe permanent address shown on the application for a permit;and
(2) must specify in what respects the operator has failed tocomply with:
(A) this chapter; or
(B) the rules or orders of the director or the commission.
(c) If the operator has not reached an agreement with the directoror otherwise complied with the requirements set forth in the noticeof noncompliance within time limits set in the notice:
(1) the director shall advise the commission; and
(2) a hearing shall be held to determine whether the permit ofthe operator should be modified, suspended, or revoked.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-31
Modification, suspension, or revocation of permit
Sec. 31. (a) The commission may modify, suspend, or revoke apermit under IC 4-21.5 if the commission finds that the operatorholding the permit has failed to comply with any of the following:
(1) The terms of this chapter.
(2) A rule of the commission.
(3) An order of the director.
(b) Upon revocation, the bond insuring compliance with therevoked permit is forfeited.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-32
Applicability of IC 4-21.5
Sec. 32. IC 4-21.5 applies to this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-33
Operator with revoked permit
Sec. 33. An operator whose permit has been revoked under thischapter is not eligible to:
(1) receive another permit; or
(2) have a suspended permit reinstated;
until the operator has complied with all the requirements of thischapter with respect to all revoked permits issued to the operator.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-34
Operator with forfeited bond
Sec. 34. An operator who has forfeited a bond may not receive apermit unless:
(1) the land for which the bond was forfeited has beenreclaimed without cost to the state; or
(2) the operator has paid to the department the amount that thecommission finds is adequate to reclaim the land.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-35
Commission refusing to issue permit
Sec. 35. The commission:
(1) may refuse to issue a permit to an operator whose permit thecommission has repeatedly suspended for noncompliance orviolation of:
(A) this chapter; or
(B) IC 13-4-6 (before its repeal); and
(2) shall refuse to issue a permit to an operator whose permithas been revoked more than three (3) times.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-36
Repealed
(Repealed by P.L.66-2006, SEC.30.)
IC 14-36-1-37
Violations
Sec. 37. A person who violates this chapter commits a Class Ainfraction.
As added by P.L.1-1995, SEC.29.