IC 14-34-11
Chapter 11. Surface Effects of Underground Coal Mining
IC 14-34-11-1 Requirements of permit holders
Sec. 1. In addition to other requirements that the commission
establishes by rule after considering the distinct difference between
surface coal mining and underground coal mining and that do not
conflict with or supersede any provision of the federal Mine Safety
and Health Act of 1977, as amended (30 U.S.C. 801 through 960), or
any of its regulations, an operator of an underground coal mining
operation who holds a surface coal mining and reclamation permit
shall do the following:
(1) To the extent technologically and economically feasible and
except in those instances where the mining technology used
requires planned subsidence in a predictable and controlled
manner, adopt measures consistent with known technology to
do the following:
(A) Prevent subsidence causing material damage.
(B) Maximize mine stability.
(C) Maintain the value and reasonably foreseeable use of
surface land.
However, this section does not prohibit the standard method of
room and pillar mining.
(2) Seal all portals, entryways, drifts, shafts, or other openings
between the surface and underground coal mine working when
no longer needed for the conduct of the mining operations.
(3) Fill or seal exploratory holes no longer necessary for
mining, maximizing to the extent technologically and
economically feasible the return of:
(A) mine and processing waste;
(B) tailings; and
(C) any other waste incident to the mining operation;
to the mine workings or excavations.
(4) With respect to surface disposal of mine wastes, tailings,
coal processing wastes, and other wastes in areas other than the
mine workings or excavations the following:
(A) Stabilize all waste piles created by the permittee from
current operations through construction in compacted layers,
including the use of incombustible and impervious materials
if necessary.
(B) Assure the following:
(i) The leachate will not degrade below water quality
standards established under applicable federal and state
law for surface or ground water.
(ii) The final contour of the waste accumulation will be
compatible with natural surroundings.
(iii) The site is stabilized and revegetated according to this
chapter.
(5) Design, locate, construct, operate, maintain, enlarge,
modify, and remove, or abandon, in accordance with the
standards and criteria used by the United States Secretary of the
Interior to ensure that flood control structures are safe and
effectively perform their intended function, all existing and new
coal mine waste piles:
(A) consisting of mine wastes, tailings, coal processing
wastes, or other liquid and solid wastes; and
(B) used temporarily or permanently as dams or
embankments.
(6) Establish on regraded areas and all other land affected a
diverse and permanent vegetative cover:
(A) capable of self-regeneration and plant succession; and
(B) at least equal in extent of cover to the natural vegetation
of the area.
(7) Protect offsite areas from damages that may result from the
mining operations.
(8) Eliminate fire hazards and other conditions that constitute
a hazard to the health and safety of the public.
(9) Minimize the disturbances of the prevailing hydrologic
balance at the mine site and in associated offsite areas and to
the quantity of water in surface ground water systems both
during and after coal mining operations and during reclamation
by doing the following:
(A) Avoiding acid or other toxic mine drainage by measures
such as the following:
(i) Preventing or removing water from contact with
toxic-producing deposits.
(ii) Treating drainage to reduce toxic content that
adversely affects downstream water upon release to
watercourses.
(iii) Casing, sealing, or otherwise managing boreholes,
shafts, and wells to keep acid or other toxic drainage from
entering ground and surface water.
(B) Conducting surface coal mining operations to:
(i) prevent, to the extent possible using the best technology
currently available, additional contributions, not exceeding
requirements set by state or federal law, of suspended
solids to stream flow or runoff outside the permit area; and
(ii) avoid channel deepening or enlargement;
in operations requiring the discharge of water from mines.
(10) With respect to other surface impacts not specified in this
chapter, including the construction of:
(A) new roads or the improvement or use of existing roads
to gain access to the site of those activities and for haulage;
(B) repair areas;
(C) storage areas;
(D) processing areas;
(E) shipping areas; and
(F) other areas upon which are sited structures, facilities, or
other property or materials on the surface resulting from or
incident to those activities;
operate in accordance with the standards established under
IC 14-34-10 for the effects that result from surface coal mining
operations.
(11) To the extent possible using the best technology currently
available the following:
(A) Minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values.
(B) Achieve enhancement of those resources if practicable.
(12) Locate openings for all new drift mines working
acid-producing or iron-producing coal seams in such a manner
as to prevent a gravity discharge of water from the mine unless
another location is approved by the director. As added by P.L.1-1995, SEC.27.
IC 14-34-11-2 Suspension of mining to protect land stability
Sec. 2. To protect the stability of the land, the director shall
suspend underground coal mining:
(1) under urbanized areas, cities, towns, and communities; and
(2) adjacent to industrial or commercial buildings, major
impoundments, or permanent streams;
if the director finds an imminent danger to inhabitants of the
urbanized areas, cities, towns, and communities. As added by P.L.1-1995, SEC.27.
IC 14-34-11-3 Damage to buildings or water
Sec. 3. (a) As used in this section, "compensate" means to provide
an amount equal to the full amount of the diminution in value
resulting from the subsidence described in subsection (c)(1). The
term includes the purchase, before the commencement of mining
operations, of a noncancellable premium-prepaid insurance policy.
(b) As used in this section, "repair" includes rehabilitation,
restoration, and replacement.
(c) The operator of an underground coal mining operation
conducted after June 30, 1994, shall do the following:
(1) Promptly repair or compensate for material damage
resulting from subsidence caused to:
(A) any occupied residential dwelling and any structure
related to the occupied residential dwelling; or
(B) any noncommercial building;
due to the operator's underground coal mining operation.
(2) Promptly replace any drinking, domestic, or residential
water supply from a well or spring that:
(A) was in existence before the filing of the operator's
application for a surface coal mining and reclamation permit;
and
(B) has been affected by contamination, diminution, or
interruption resulting from the operator's underground coal
mining operation. As added by P.L.1-1995, SEC.27.
IC 14-34-11-4 Modification of permits and bonds
Sec. 4. All provisions of this article apply to surface impacts
incident to an underground coal mine. However, the director may
modify the:
(1) permit application requirements;
(2) permit approval or denial procedures; and
(3) bond requirements;
to accommodate the distinct difference between surface coal mining
and underground coal mining. As added by P.L.1-1995, SEC.27.
IC 14-34-11
Chapter 11. Surface Effects of Underground Coal Mining
IC 14-34-11-1 Requirements of permit holders
Sec. 1. In addition to other requirements that the commission
establishes by rule after considering the distinct difference between
surface coal mining and underground coal mining and that do not
conflict with or supersede any provision of the federal Mine Safety
and Health Act of 1977, as amended (30 U.S.C. 801 through 960), or
any of its regulations, an operator of an underground coal mining
operation who holds a surface coal mining and reclamation permit
shall do the following:
(1) To the extent technologically and economically feasible and
except in those instances where the mining technology used
requires planned subsidence in a predictable and controlled
manner, adopt measures consistent with known technology to
do the following:
(A) Prevent subsidence causing material damage.
(B) Maximize mine stability.
(C) Maintain the value and reasonably foreseeable use of
surface land.
However, this section does not prohibit the standard method of
room and pillar mining.
(2) Seal all portals, entryways, drifts, shafts, or other openings
between the surface and underground coal mine working when
no longer needed for the conduct of the mining operations.
(3) Fill or seal exploratory holes no longer necessary for
mining, maximizing to the extent technologically and
economically feasible the return of:
(A) mine and processing waste;
(B) tailings; and
(C) any other waste incident to the mining operation;
to the mine workings or excavations.
(4) With respect to surface disposal of mine wastes, tailings,
coal processing wastes, and other wastes in areas other than the
mine workings or excavations the following:
(A) Stabilize all waste piles created by the permittee from
current operations through construction in compacted layers,
including the use of incombustible and impervious materials
if necessary.
(B) Assure the following:
(i) The leachate will not degrade below water quality
standards established under applicable federal and state
law for surface or ground water.
(ii) The final contour of the waste accumulation will be
compatible with natural surroundings.
(iii) The site is stabilized and revegetated according to this
chapter.
(5) Design, locate, construct, operate, maintain, enlarge,
modify, and remove, or abandon, in accordance with the
standards and criteria used by the United States Secretary of the
Interior to ensure that flood control structures are safe and
effectively perform their intended function, all existing and new
coal mine waste piles:
(A) consisting of mine wastes, tailings, coal processing
wastes, or other liquid and solid wastes; and
(B) used temporarily or permanently as dams or
embankments.
(6) Establish on regraded areas and all other land affected a
diverse and permanent vegetative cover:
(A) capable of self-regeneration and plant succession; and
(B) at least equal in extent of cover to the natural vegetation
of the area.
(7) Protect offsite areas from damages that may result from the
mining operations.
(8) Eliminate fire hazards and other conditions that constitute
a hazard to the health and safety of the public.
(9) Minimize the disturbances of the prevailing hydrologic
balance at the mine site and in associated offsite areas and to
the quantity of water in surface ground water systems both
during and after coal mining operations and during reclamation
by doing the following:
(A) Avoiding acid or other toxic mine drainage by measures
such as the following:
(i) Preventing or removing water from contact with
toxic-producing deposits.
(ii) Treating drainage to reduce toxic content that
adversely affects downstream water upon release to
watercourses.
(iii) Casing, sealing, or otherwise managing boreholes,
shafts, and wells to keep acid or other toxic drainage from
entering ground and surface water.
(B) Conducting surface coal mining operations to:
(i) prevent, to the extent possible using the best technology
currently available, additional contributions, not exceeding
requirements set by state or federal law, of suspended
solids to stream flow or runoff outside the permit area; and
(ii) avoid channel deepening or enlargement;
in operations requiring the discharge of water from mines.
(10) With respect to other surface impacts not specified in this
chapter, including the construction of:
(A) new roads or the improvement or use of existing roads
to gain access to the site of those activities and for haulage;
(B) repair areas;
(C) storage areas;
(D) processing areas;
(E) shipping areas; and
(F) other areas upon which are sited structures, facilities, or
other property or materials on the surface resulting from or
incident to those activities;
operate in accordance with the standards established under
IC 14-34-10 for the effects that result from surface coal mining
operations.
(11) To the extent possible using the best technology currently
available the following:
(A) Minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values.
(B) Achieve enhancement of those resources if practicable.
(12) Locate openings for all new drift mines working
acid-producing or iron-producing coal seams in such a manner
as to prevent a gravity discharge of water from the mine unless
another location is approved by the director. As added by P.L.1-1995, SEC.27.
IC 14-34-11-2 Suspension of mining to protect land stability
Sec. 2. To protect the stability of the land, the director shall
suspend underground coal mining:
(1) under urbanized areas, cities, towns, and communities; and
(2) adjacent to industrial or commercial buildings, major
impoundments, or permanent streams;
if the director finds an imminent danger to inhabitants of the
urbanized areas, cities, towns, and communities. As added by P.L.1-1995, SEC.27.
IC 14-34-11-3 Damage to buildings or water
Sec. 3. (a) As used in this section, "compensate" means to provide
an amount equal to the full amount of the diminution in value
resulting from the subsidence described in subsection (c)(1). The
term includes the purchase, before the commencement of mining
operations, of a noncancellable premium-prepaid insurance policy.
(b) As used in this section, "repair" includes rehabilitation,
restoration, and replacement.
(c) The operator of an underground coal mining operation
conducted after June 30, 1994, shall do the following:
(1) Promptly repair or compensate for material damage
resulting from subsidence caused to:
(A) any occupied residential dwelling and any structure
related to the occupied residential dwelling; or
(B) any noncommercial building;
due to the operator's underground coal mining operation.
(2) Promptly replace any drinking, domestic, or residential
water supply from a well or spring that:
(A) was in existence before the filing of the operator's
application for a surface coal mining and reclamation permit;
and
(B) has been affected by contamination, diminution, or
interruption resulting from the operator's underground coal
mining operation. As added by P.L.1-1995, SEC.27.
IC 14-34-11-4 Modification of permits and bonds
Sec. 4. All provisions of this article apply to surface impacts
incident to an underground coal mine. However, the director may
modify the:
(1) permit application requirements;
(2) permit approval or denial procedures; and
(3) bond requirements;
to accommodate the distinct difference between surface coal mining
and underground coal mining. As added by P.L.1-1995, SEC.27.
IC 14-34-11
Chapter 11. Surface Effects of Underground Coal Mining
IC 14-34-11-1 Requirements of permit holders
Sec. 1. In addition to other requirements that the commission
establishes by rule after considering the distinct difference between
surface coal mining and underground coal mining and that do not
conflict with or supersede any provision of the federal Mine Safety
and Health Act of 1977, as amended (30 U.S.C. 801 through 960), or
any of its regulations, an operator of an underground coal mining
operation who holds a surface coal mining and reclamation permit
shall do the following:
(1) To the extent technologically and economically feasible and
except in those instances where the mining technology used
requires planned subsidence in a predictable and controlled
manner, adopt measures consistent with known technology to
do the following:
(A) Prevent subsidence causing material damage.
(B) Maximize mine stability.
(C) Maintain the value and reasonably foreseeable use of
surface land.
However, this section does not prohibit the standard method of
room and pillar mining.
(2) Seal all portals, entryways, drifts, shafts, or other openings
between the surface and underground coal mine working when
no longer needed for the conduct of the mining operations.
(3) Fill or seal exploratory holes no longer necessary for
mining, maximizing to the extent technologically and
economically feasible the return of:
(A) mine and processing waste;
(B) tailings; and
(C) any other waste incident to the mining operation;
to the mine workings or excavations.
(4) With respect to surface disposal of mine wastes, tailings,
coal processing wastes, and other wastes in areas other than the
mine workings or excavations the following:
(A) Stabilize all waste piles created by the permittee from
current operations through construction in compacted layers,
including the use of incombustible and impervious materials
if necessary.
(B) Assure the following:
(i) The leachate will not degrade below water quality
standards established under applicable federal and state
law for surface or ground water.
(ii) The final contour of the waste accumulation will be
compatible with natural surroundings.
(iii) The site is stabilized and revegetated according to this
chapter.
(5) Design, locate, construct, operate, maintain, enlarge,
modify, and remove, or abandon, in accordance with the
standards and criteria used by the United States Secretary of the
Interior to ensure that flood control structures are safe and
effectively perform their intended function, all existing and new
coal mine waste piles:
(A) consisting of mine wastes, tailings, coal processing
wastes, or other liquid and solid wastes; and
(B) used temporarily or permanently as dams or
embankments.
(6) Establish on regraded areas and all other land affected a
diverse and permanent vegetative cover:
(A) capable of self-regeneration and plant succession; and
(B) at least equal in extent of cover to the natural vegetation
of the area.
(7) Protect offsite areas from damages that may result from the
mining operations.
(8) Eliminate fire hazards and other conditions that constitute
a hazard to the health and safety of the public.
(9) Minimize the disturbances of the prevailing hydrologic
balance at the mine site and in associated offsite areas and to
the quantity of water in surface ground water systems both
during and after coal mining operations and during reclamation
by doing the following:
(A) Avoiding acid or other toxic mine drainage by measures
such as the following:
(i) Preventing or removing water from contact with
toxic-producing deposits.
(ii) Treating drainage to reduce toxic content that
adversely affects downstream water upon release to
watercourses.
(iii) Casing, sealing, or otherwise managing boreholes,
shafts, and wells to keep acid or other toxic drainage from
entering ground and surface water.
(B) Conducting surface coal mining operations to:
(i) prevent, to the extent possible using the best technology
currently available, additional contributions, not exceeding
requirements set by state or federal law, of suspended
solids to stream flow or runoff outside the permit area; and
(ii) avoid channel deepening or enlargement;
in operations requiring the discharge of water from mines.
(10) With respect to other surface impacts not specified in this
chapter, including the construction of:
(A) new roads or the improvement or use of existing roads
to gain access to the site of those activities and for haulage;
(B) repair areas;
(C) storage areas;
(D) processing areas;
(E) shipping areas; and
(F) other areas upon which are sited structures, facilities, or
other property or materials on the surface resulting from or
incident to those activities;
operate in accordance with the standards established under
IC 14-34-10 for the effects that result from surface coal mining
operations.
(11) To the extent possible using the best technology currently
available the following:
(A) Minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values.
(B) Achieve enhancement of those resources if practicable.
(12) Locate openings for all new drift mines working
acid-producing or iron-producing coal seams in such a manner
as to prevent a gravity discharge of water from the mine unless
another location is approved by the director. As added by P.L.1-1995, SEC.27.
IC 14-34-11-2 Suspension of mining to protect land stability
Sec. 2. To protect the stability of the land, the director shall
suspend underground coal mining:
(1) under urbanized areas, cities, towns, and communities; and
(2) adjacent to industrial or commercial buildings, major
impoundments, or permanent streams;
if the director finds an imminent danger to inhabitants of the
urbanized areas, cities, towns, and communities. As added by P.L.1-1995, SEC.27.
IC 14-34-11-3 Damage to buildings or water
Sec. 3. (a) As used in this section, "compensate" means to provide
an amount equal to the full amount of the diminution in value
resulting from the subsidence described in subsection (c)(1). The
term includes the purchase, before the commencement of mining
operations, of a noncancellable premium-prepaid insurance policy.
(b) As used in this section, "repair" includes rehabilitation,
restoration, and replacement.
(c) The operator of an underground coal mining operation
conducted after June 30, 1994, shall do the following:
(1) Promptly repair or compensate for material damage
resulting from subsidence caused to:
(A) any occupied residential dwelling and any structure
related to the occupied residential dwelling; or
(B) any noncommercial building;
due to the operator's underground coal mining operation.
(2) Promptly replace any drinking, domestic, or residential
water supply from a well or spring that:
(A) was in existence before the filing of the operator's
application for a surface coal mining and reclamation permit;
and
(B) has been affected by contamination, diminution, or
interruption resulting from the operator's underground coal
mining operation. As added by P.L.1-1995, SEC.27.
IC 14-34-11-4 Modification of permits and bonds
Sec. 4. All provisions of this article apply to surface impacts
incident to an underground coal mine. However, the director may
modify the:
(1) permit application requirements;
(2) permit approval or denial procedures; and
(3) bond requirements;
to accommodate the distinct difference between surface coal mining
and underground coal mining. As added by P.L.1-1995, SEC.27.
