IC 14-34-4-1 Applicant's required notice of application
Sec. 1. At the time of submission of an application for a permit or
revision or renewal of a permit under this article, the applicant shall
do the following:
(1) Place the advertisement submitted as part of the application
under IC 14-34-3-3(6) in a local newspaper of general
circulation in the county in which the proposed surface coal
mining operation is located at least one (1) time a week for four
(4) consecutive weeks.
(2) Mail a copy of the advertisement to each person identified
in the application under IC 14-34-3-3(2).
(3) Mail a copy to every person who has requested notice of
such applications. As added by P.L.1-1995, SEC.27.
IC 14-34-4-2 Director's required notice of application
Sec. 2. (a) The director shall give notice to the following:
(1) Various local governmental bodies, planning agencies,
sewage and water treatment authorities, or water companies in
the county in which the proposed surface coal mining operation
will take place.
(2) All federal or state governmental agencies with authority to
issue permits and licenses applicable to the proposed surface
coal mining and reclamation operation that are part of the
permit coordinating process developed in accordance with
IC 14-34-3-14.
(3) Those agencies with an interest in the proposed operations,
including the following:
(A) The United States Department of Agriculture Natural
Resources Conservation Service district office.
(B) The local United States Army Corps of Engineers
district engineer.
(C) The National Park Service.
(D) State and federal fish and wildlife agencies.
(E) The historic preservation officer.
(b) The notice required by subsection (a) must consist of the
following:
(1) The operator's intention to mine a particularly described
tract of land.
(2) The application's permit number.
(3) Where a copy of the proposed surface coal mining and
reclamation plan may be inspected. As added by P.L.1-1995, SEC.27.
IC 14-34-4-3 Comments concerning applications
Sec. 3. (a) The local bodies, agencies, authorities, or companies
notified under section 2 of this chapter may, within thirty (30) days
of notification, submit written comments concerning the permit
applications with respect to the effect of the proposed surface coal
mining operation on the environment in their area of responsibility.
(b) The director shall immediately do the following:
(1) Transmit the comments to the applicant.
(2) Make the comments available to the public at the same
locations that the permit applications are available. As added by P.L.1-1995, SEC.27.
IC 14-34-4-4 Objections; request for informal conference or public hearing
Sec. 4. (a) A person with an interest that is or may be adversely
affected by a proposed surface coal mining operation or the officer
or head of a federal, state, or local governmental agency or authority
may:
(1) file written objections to the proposed initial or revised
application for a permit for surface coal mining and reclamation
operation with the director; and
(2) request an informal conference or a public hearing under
section 6 of this chapter;
within thirty (30) days after the last publication of the notice required
by sections 1 and 2 of this chapter.
(b) The request for an informal conference or public hearing must
do the following:
(1) State specifically the objections of the person requesting the
conference.
(2) If the person requesting the conference or public hearing is
not the officer or head of a federal, state, or local governmental
agency or authority, identify the interest of the person who is or
may be affected by the proposed surface coal mining operation.
(c) Upon receipt of an objection under subsection (a), the director
shall immediately do the following:
(1) Transmit the objections to the applicant.
(2) Make the objections available to the public. As added by P.L.1-1995, SEC.27.
IC 14-34-4-5 Informal conference or public hearing; access to mining area;
record of proceedings
Sec. 5. (a) If written objections are filed and an informal
conference or a public hearing is requested, the director shall hold
the conference or public hearing in the locality of the proposed
surface coal mining operation within a reasonable time of receipt of
the objections or request. The director shall advertise in a newspaper
of general circulation in the county in which the proposed surface
coal mining operation is located at least two (2) weeks before the
scheduled conference or public hearing the date, time, and location
of the conference or public hearing.
(b) The director may arrange with the applicant, upon request by
any party to the administrative proceeding, access to the proposed
mining area for the purpose of gathering information relevant to the
proceeding.
(c) An electronic or a stenographic record shall be made of the
conference or public hearing, unless waived by all parties. The
director shall maintain the record and have the record accessible to
the parties until final release of the applicant's performance bond.
(d) The director may not hold the conference or public hearing if
any of the following conditions exist:
(1) All parties requesting the conference or public hearing
stipulate agreement before the conference or public hearing and
withdraw their request.
(2) The request fails to comply with the requirements of section
4 of this chapter.
(3) The objections do not concern a matter within the scope of
this article or the commission's rules. As added by P.L.1-1995, SEC.27.
IC 14-34-4-6 Conditions requiring public hearing
Sec. 6. A public hearing shall be held on the proposed initial or
revised application for a permit if any of the following conditions
exist:
(1) The applicant requests a public hearing under section 4 of
this chapter.
(2) A petition is filed with the director requesting a public
hearing that is signed by at least twenty-five (25) individuals
who are at least eighteen (18) years of age and who:
(A) reside in the county where the permitted activity would
take place; or
(B) own real property within one (1) mile of the site of the
proposed or existing permitted activity.
(3) The director orders a public hearing. As added by P.L.1-1995, SEC.27.
IC 14-34-4-7 Approval of application; requirements
Sec. 7. (a) The applicant has the burden of establishing that the
application complies with all the requirements of this article. The
director may not approve a permit or revision application unless the
application affirmatively demonstrates and the director finds the
following:
(1) The permit application is accurate and complete and in
compliance with all the requirements of this article.
(2) The applicant has demonstrated that reclamation as required
by this article can be accomplished under the reclamation plan
contained in the permit application.
(3) The:
(A) assessment of the probable cumulative impact of all
anticipated mining in the area on the hydrologic balance
specified in IC 14-34-3-3 has been made by the director; and
(B) proposed mining operation is designed to prevent
material damage to the hydrologic balance outside the permit
area.
(4) The proposed mining area is not:
(A) included within an area designated unsuitable for surface
coal mining under IC 14-34-18-4; or
(B) within an area under study for that designation in an
administrative proceeding;
unless the applicant demonstrates that before January 1, 1977,
the applicant has made substantial legal and financial
commitments in the operation for which the applicant is
applying for a permit and is in an area where an administrative
proceeding has commenced under IC 14-34-18-4.
(5) If the private mineral estate is severed from the private
surface estate, the applicant has submitted to the director one
(1) of the following:
(A) The written consent of the surface owner to the
extraction of coal by surface mining methods.
(B) A conveyance that expressly grants or reserves the right
to extract the coal by surface mining methods. If the
conveyance does not expressly grant the right to extract coal
by surface mining methods, the surface-subsurface legal
relationship shall be determined in accordance with Indiana
law.
(6) A surface coal mining operation owned or controlled by the
applicant or a person who owns or controls the applicant is not
in violation of:
(A) this article;
(B) IC 14-36-1;
(C) the federal Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 through 1328);
(D) any federal statute or regulation; or
(E) any state statute or rule enacted or adopted under federal
statute or regulation pertaining to air or water environmental
protection;
unless the applicant submits proof that an existing violation has
been appealed or corrected or is in the process of being
corrected to the satisfaction of the regulatory authority that has
jurisdiction over the violation.
(7) The applicant has, if applicable, satisfied the requirements
for approval of a long term, intensive agricultural postmining
land use.
(8) The applicant has paid all reclamation fees from previous
and existing operations as required by 30 CFR Part 870.
(9) The operation would not affect the continued existence of
endangered or threatened species or result in destruction or
adverse modification of their critical habitats, as determined
under the federal Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(10) If any part of the operation would take place in a floodway,
the operation will not:
(A) result in unreasonably detrimental effects upon the fish,
wildlife, or botanical resources;
(B) adversely affect the efficiency; or
(C) unduly restrict the capacity;
of the floodway.
(b) The director shall make the findings required by subsection (a)
in writing and available to the applicant. The director may base the
findings on information set forth in the application or from
information otherwise available. The director shall set forth in the
written approval or denial the basis of the director's findings. As added by P.L.1-1995, SEC.27.
IC 14-34-4-8 Nonissuance of permit for violations of certain federal and state
statutes
Sec. 8. (a) As used in this section, "applicant" or "operator"
includes the following:
(1) The officers, partners, or directors of the applicant or
operator.
(2) The officers, partners, or directors of applicants or operators
under IC 14-36-1.
(b) The director may not issue a permit to an applicant if the
director finds after a hearing conducted in accordance with
IC 4-21.5-3 that the applicant or the operator specified in the
application controls or has controlled surface coal mining operations
with a demonstrated pattern of willful violations of:
(1) the federal Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 through 1328);
(2) this article or IC 13-4.1 (before its repeal);
(3) IC 14-36-1 or IC 13-4-6 (before its repeal); or
(4) any state statute enacted in response to P.L.95-87, the
federal Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 through 1328);
of a nature and duration and with the resulting irreparable damage to
the environment that indicates an intent not to comply with this
article, IC 13-4.1 (before its repeal), IC 14-36-1, or IC 13-4-6 (before
its repeal). As added by P.L.1-1995, SEC.27.
IC 14-34-4-8.5 Exemptions for unanticipated events or conditions
Sec. 8.5. The:
(1) finding required by section 7(a)(6) of this chapter; and
(2) prohibition on the issuance of a permit in section 8 of this
chapter;
do not apply to a violation resulting from an unanticipated event or
condition at a surface coal mining operation on lands eligible for
remining under a permit held by the applicant. As added by P.L.179-1995, SEC.4.
IC 14-34-4-9 Mining of prime farmland
Sec. 9. (a) This section does not apply to an existing surface coal
mining operation that held a valid permit on August 3, 1977, with
continuous permits since that date.
(b) In addition to finding the application in compliance with
section 7 of this chapter, if the proposed mining area contains prime
farmland under IC 14-34-3-3(16), the director shall, after
consultation with the United States Secretary of Agriculture and
under rules adopted by the commission, grant a permit to mine on
prime farmland if the director finds in writing that the operator has
the technological capability to restore the mined area, within a
reasonable time, to equivalent or higher levels of yield as nonmined
prime farmland in the surrounding area under equivalent levels of
management and can meet the soil reconstruction standards in
IC 14-34-10-2(b)(10). As added by P.L.1-1995, SEC.27.
IC 14-34-4-10 Considerations regarding historic sites and structures; limitation
on enforcement of section and rules
Sec. 10. (a) The director may not approve a permit application
unless, in addition to the findings required by section 7 of this
chapter, the director states in writing that the director has considered
the effects of the proposed mining operation on a place listed on or
eligible for listing on the National Register of Historic Places or the
Indiana state register of historic sites and structures.
(b) If the director considers it appropriate in accordance with rules
adopted by the commission under this section, the director may
impose conditions on a permit for the protection of properties or sites
listed on or eligible for listing on the National Register of Historic
Places or the Indiana state register of historic sites and structures
requiring that:
(1) mining operations not occur in the areas occupied by the
properties or sites; or
(2) measures be implemented to mitigate the effects of the
operation upon those properties or sites before mining.
(c) The commission shall adopt rules under IC 4-22-2 to
implement this section consistent with the following general
principles:
(1) The commission's rules may not prohibit the use of
information from any source and shall recognize the
responsibilities of the state historic preservation officer under
IC 14-21-1-12 and IC 14-21-1-15.
(2) The commission's rules must provide for participation by
professional and amateur archeologists, anthropologists,
historians, or related experts in any:
(A) field investigations;
(B) studies; or
(C) records searches;
required by the director under this section.
(3) The commission's rules must strive to ensure that field
investigations and studies are required only where a substantial
likelihood exists that important and significant archeological or
historic sites are present.
(4) In considering the effect of proposed surface coal mining
and reclamation operations on a property or site eligible for
listing on the National Register of Historic Places, the director
shall consider the following:
(A) Based on information available from the division of
historic preservation and archeology, the relative importance
of the property or site compared to other properties or sites
in Indiana listed on or eligible for listing on the National
Register of Historic Places.
(B) The cost of an investigation of the permit area or site as
estimated by the applicant. A decision that an investigation
is not required may not be based on cost alone.
(5) This section does not authorize rules that impair the
ownership of artifacts or other material found on private land.
(d) The director may do the following:
(1) Investigate the possibility of obtaining available federal or
private:
(A) grants;
(B) subsidies; or
(C) aid;
to defer the cost to private individuals of measures required by
the director under this section.
(2) Apply for any:
(A) grants;
(B) aid; or
(C) subsidies;
that the director determines are available.
(e) In making the finding required by this section, the director
shall take into account the general principles set forth in subsection
(c).
(f) This section and the rules adopted under this section may not
be enforced if and to the extent that any federal court holds that the
federal Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201-1328) does not authorize the requirements of records
searches, field investigations, or other studies in connection with
application for surface coal mining operations. As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.25.
IC 14-34-4-10.5 Good faith effort to identify problems that may result in
unanticipated events or conditions
Sec. 10.5. (a) A person who submits an application for a permit
or for the revision or renewal of a permit under this article shall, to
the extent not otherwise addressed in the permit application, make a
good faith effort to identify potential problems that may result in an
unanticipated event or condition.
(b) An event or condition that arises despite substantial adherence
to the applicable operation and reclamation plan may be considered
unanticipated if it was not identified in the application for the
governing permit. As added by P.L.179-1995, SEC.5.
IC 14-34-4-11 Written findings
Sec. 11. (a) If an informal conference or public hearing is held
under section 5 of this chapter, the director shall furnish the applicant
and all parties with written findings:
(1) granting or denying the permit in whole or in part; and
(2) stating the reasons for granting or denying the permit in
whole or in part;
within sixty (60) days of the conference or public hearing.
(b) If the director does not take action on the permit application
within sixty (60) days after the conference or public hearing, the
applicant may do the following:
(1) Consider the permit application disapproved.
(2) Request a hearing under section 13 of this chapter.
(c) The applicant may waive the time limits of this section.
(d) If an informal conference or public hearing is not held under
section 5 of this chapter, the director shall notify the applicant in
writing within a reasonable time established by the commission by
rule and taking into account:
(1) the time needed for proper investigation of the site;
(2) the complexity of the permit application; and
(3) whether or not written objections to the application were
filed;
whether the application has been approved or disapproved in whole
or in part. As added by P.L.1-1995, SEC.27.
IC 14-34-4-12 Notification of applicant of director's decision
Sec. 12. The director shall notify an applicant of the director's
decision regarding the application. If the application is disapproved,
the notification must set forth specific reasons for the application's
disapproval. As added by P.L.1-1995, SEC.27.
IC 14-34-4-13 Hearing on reasons for final determination
Sec. 13. (a) Within thirty (30) days after an applicant is notified
of the approval or disapproval of an application:
(1) the applicant; or
(2) any person with an interest that is or may be adversely
affected;
may request a hearing on the reasons for the final determination. The
request must identify the person's interest that is or may be affected
by the approval or disapproval of the application.
(b) Upon receipt of a request for a hearing under subsection (a),
the commission shall do the following:
(1) Hold a hearing within thirty (30) days of the receipt of the
request.
(2) Notify the applicant and all interested parties of the time and
place of the hearing.
(3) Conduct the hearing and proceedings in accordance with
IC 4-21.5. For all hearings and proceedings commenced after
July 1, 1991, the commission is limited to the record before the
director.
(c) Within thirty (30) days after the hearing, the commission shall
furnish:
(1) the applicant; and
(2) all persons who participated in the hearing;
a written decision and state the reasons for the decision. As added by P.L.1-1995, SEC.27.
IC 14-34-4-14 Issuance of permit
Sec. 14. The director shall issue a permit if all of the following
apply:
(1) The application is approved.
(2) The bonding requirements of IC 14-34-6 are met.
(3) The thirty (30) day period specified under section 13(a) of
this chapter has expired. As added by P.L.1-1995, SEC.27.
IC 14-34-4-15 Permit effective upon issuance
Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under
section 14 of this chapter is effective upon issuance, unless a stay of
the permit has been granted under section 17 of this chapter. As added by P.L.1-1995, SEC.27.
IC 14-34-4-16 Notification of permit issuance
Sec. 16. (a) Within ten (10) days after a permit is issued, the
director shall notify the following persons that a permit has been
issued:
(1) The local government officials in the county in which the
area of land to be affected is located.
(2) Each person identified in the permit application under
IC 14-34-3-3(2).
(3) Each person who has requested a hearing under section 6 of
this chapter.
(4) Each person who has requested such notice.
(b) The notification must include a description of the land's
location. As added by P.L.1-1995, SEC.27.
IC 14-34-4-17 Temporary relief pending final determination
Sec. 17. If a hearing is requested under section 13 of this chapter,
the commission may, under the conditions that the commission
prescribes, grant appropriate temporary relief pending final
determination of the proceedings if the following conditions are met:
(1) All parties to the proceedings are notified and given an
opportunity to be heard on a request for temporary relief.
(2) The person requesting temporary relief shows a substantial
likelihood that the person will prevail on the merits of the final
determination of the proceeding.
(3) Temporary relief will not adversely affect the public health
or safety or cause significant imminent environmental harm to
land, air, or water resources. As added by P.L.1-1995, SEC.27.
IC 14-34-4-18 Conditions of permit
Sec. 18. (a) Each permit issued by the director is subject to
conditions imposed by the director. The conditions must include at
a minimum a requirement for the operator to pay to the federal Office
of Surface Mining all fees owed under 30 CFR Part 870.
(b) The director may issue a permit subject to the condition that
the permittee obtain or maintain in force other licenses or permits
required for the surface coal mining and reclamation operation.
However, the imposition of a condition under this subsection does
not authorize or require the director to administer or enforce the
requirements of any federal law or of any state law other than this
article. As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.5.
IC 14-34-4-1 Applicant's required notice of application
Sec. 1. At the time of submission of an application for a permit or
revision or renewal of a permit under this article, the applicant shall
do the following:
(1) Place the advertisement submitted as part of the application
under IC 14-34-3-3(6) in a local newspaper of general
circulation in the county in which the proposed surface coal
mining operation is located at least one (1) time a week for four
(4) consecutive weeks.
(2) Mail a copy of the advertisement to each person identified
in the application under IC 14-34-3-3(2).
(3) Mail a copy to every person who has requested notice of
such applications. As added by P.L.1-1995, SEC.27.
IC 14-34-4-2 Director's required notice of application
Sec. 2. (a) The director shall give notice to the following:
(1) Various local governmental bodies, planning agencies,
sewage and water treatment authorities, or water companies in
the county in which the proposed surface coal mining operation
will take place.
(2) All federal or state governmental agencies with authority to
issue permits and licenses applicable to the proposed surface
coal mining and reclamation operation that are part of the
permit coordinating process developed in accordance with
IC 14-34-3-14.
(3) Those agencies with an interest in the proposed operations,
including the following:
(A) The United States Department of Agriculture Natural
Resources Conservation Service district office.
(B) The local United States Army Corps of Engineers
district engineer.
(C) The National Park Service.
(D) State and federal fish and wildlife agencies.
(E) The historic preservation officer.
(b) The notice required by subsection (a) must consist of the
following:
(1) The operator's intention to mine a particularly described
tract of land.
(2) The application's permit number.
(3) Where a copy of the proposed surface coal mining and
reclamation plan may be inspected. As added by P.L.1-1995, SEC.27.
IC 14-34-4-3 Comments concerning applications
Sec. 3. (a) The local bodies, agencies, authorities, or companies
notified under section 2 of this chapter may, within thirty (30) days
of notification, submit written comments concerning the permit
applications with respect to the effect of the proposed surface coal
mining operation on the environment in their area of responsibility.
(b) The director shall immediately do the following:
(1) Transmit the comments to the applicant.
(2) Make the comments available to the public at the same
locations that the permit applications are available. As added by P.L.1-1995, SEC.27.
IC 14-34-4-4 Objections; request for informal conference or public hearing
Sec. 4. (a) A person with an interest that is or may be adversely
affected by a proposed surface coal mining operation or the officer
or head of a federal, state, or local governmental agency or authority
may:
(1) file written objections to the proposed initial or revised
application for a permit for surface coal mining and reclamation
operation with the director; and
(2) request an informal conference or a public hearing under
section 6 of this chapter;
within thirty (30) days after the last publication of the notice required
by sections 1 and 2 of this chapter.
(b) The request for an informal conference or public hearing must
do the following:
(1) State specifically the objections of the person requesting the
conference.
(2) If the person requesting the conference or public hearing is
not the officer or head of a federal, state, or local governmental
agency or authority, identify the interest of the person who is or
may be affected by the proposed surface coal mining operation.
(c) Upon receipt of an objection under subsection (a), the director
shall immediately do the following:
(1) Transmit the objections to the applicant.
(2) Make the objections available to the public. As added by P.L.1-1995, SEC.27.
IC 14-34-4-5 Informal conference or public hearing; access to mining area;
record of proceedings
Sec. 5. (a) If written objections are filed and an informal
conference or a public hearing is requested, the director shall hold
the conference or public hearing in the locality of the proposed
surface coal mining operation within a reasonable time of receipt of
the objections or request. The director shall advertise in a newspaper
of general circulation in the county in which the proposed surface
coal mining operation is located at least two (2) weeks before the
scheduled conference or public hearing the date, time, and location
of the conference or public hearing.
(b) The director may arrange with the applicant, upon request by
any party to the administrative proceeding, access to the proposed
mining area for the purpose of gathering information relevant to the
proceeding.
(c) An electronic or a stenographic record shall be made of the
conference or public hearing, unless waived by all parties. The
director shall maintain the record and have the record accessible to
the parties until final release of the applicant's performance bond.
(d) The director may not hold the conference or public hearing if
any of the following conditions exist:
(1) All parties requesting the conference or public hearing
stipulate agreement before the conference or public hearing and
withdraw their request.
(2) The request fails to comply with the requirements of section
4 of this chapter.
(3) The objections do not concern a matter within the scope of
this article or the commission's rules. As added by P.L.1-1995, SEC.27.
IC 14-34-4-6 Conditions requiring public hearing
Sec. 6. A public hearing shall be held on the proposed initial or
revised application for a permit if any of the following conditions
exist:
(1) The applicant requests a public hearing under section 4 of
this chapter.
(2) A petition is filed with the director requesting a public
hearing that is signed by at least twenty-five (25) individuals
who are at least eighteen (18) years of age and who:
(A) reside in the county where the permitted activity would
take place; or
(B) own real property within one (1) mile of the site of the
proposed or existing permitted activity.
(3) The director orders a public hearing. As added by P.L.1-1995, SEC.27.
IC 14-34-4-7 Approval of application; requirements
Sec. 7. (a) The applicant has the burden of establishing that the
application complies with all the requirements of this article. The
director may not approve a permit or revision application unless the
application affirmatively demonstrates and the director finds the
following:
(1) The permit application is accurate and complete and in
compliance with all the requirements of this article.
(2) The applicant has demonstrated that reclamation as required
by this article can be accomplished under the reclamation plan
contained in the permit application.
(3) The:
(A) assessment of the probable cumulative impact of all
anticipated mining in the area on the hydrologic balance
specified in IC 14-34-3-3 has been made by the director; and
(B) proposed mining operation is designed to prevent
material damage to the hydrologic balance outside the permit
area.
(4) The proposed mining area is not:
(A) included within an area designated unsuitable for surface
coal mining under IC 14-34-18-4; or
(B) within an area under study for that designation in an
administrative proceeding;
unless the applicant demonstrates that before January 1, 1977,
the applicant has made substantial legal and financial
commitments in the operation for which the applicant is
applying for a permit and is in an area where an administrative
proceeding has commenced under IC 14-34-18-4.
(5) If the private mineral estate is severed from the private
surface estate, the applicant has submitted to the director one
(1) of the following:
(A) The written consent of the surface owner to the
extraction of coal by surface mining methods.
(B) A conveyance that expressly grants or reserves the right
to extract the coal by surface mining methods. If the
conveyance does not expressly grant the right to extract coal
by surface mining methods, the surface-subsurface legal
relationship shall be determined in accordance with Indiana
law.
(6) A surface coal mining operation owned or controlled by the
applicant or a person who owns or controls the applicant is not
in violation of:
(A) this article;
(B) IC 14-36-1;
(C) the federal Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 through 1328);
(D) any federal statute or regulation; or
(E) any state statute or rule enacted or adopted under federal
statute or regulation pertaining to air or water environmental
protection;
unless the applicant submits proof that an existing violation has
been appealed or corrected or is in the process of being
corrected to the satisfaction of the regulatory authority that has
jurisdiction over the violation.
(7) The applicant has, if applicable, satisfied the requirements
for approval of a long term, intensive agricultural postmining
land use.
(8) The applicant has paid all reclamation fees from previous
and existing operations as required by 30 CFR Part 870.
(9) The operation would not affect the continued existence of
endangered or threatened species or result in destruction or
adverse modification of their critical habitats, as determined
under the federal Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(10) If any part of the operation would take place in a floodway,
the operation will not:
(A) result in unreasonably detrimental effects upon the fish,
wildlife, or botanical resources;
(B) adversely affect the efficiency; or
(C) unduly restrict the capacity;
of the floodway.
(b) The director shall make the findings required by subsection (a)
in writing and available to the applicant. The director may base the
findings on information set forth in the application or from
information otherwise available. The director shall set forth in the
written approval or denial the basis of the director's findings. As added by P.L.1-1995, SEC.27.
IC 14-34-4-8 Nonissuance of permit for violations of certain federal and state
statutes
Sec. 8. (a) As used in this section, "applicant" or "operator"
includes the following:
(1) The officers, partners, or directors of the applicant or
operator.
(2) The officers, partners, or directors of applicants or operators
under IC 14-36-1.
(b) The director may not issue a permit to an applicant if the
director finds after a hearing conducted in accordance with
IC 4-21.5-3 that the applicant or the operator specified in the
application controls or has controlled surface coal mining operations
with a demonstrated pattern of willful violations of:
(1) the federal Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 through 1328);
(2) this article or IC 13-4.1 (before its repeal);
(3) IC 14-36-1 or IC 13-4-6 (before its repeal); or
(4) any state statute enacted in response to P.L.95-87, the
federal Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 through 1328);
of a nature and duration and with the resulting irreparable damage to
the environment that indicates an intent not to comply with this
article, IC 13-4.1 (before its repeal), IC 14-36-1, or IC 13-4-6 (before
its repeal). As added by P.L.1-1995, SEC.27.
IC 14-34-4-8.5 Exemptions for unanticipated events or conditions
Sec. 8.5. The:
(1) finding required by section 7(a)(6) of this chapter; and
(2) prohibition on the issuance of a permit in section 8 of this
chapter;
do not apply to a violation resulting from an unanticipated event or
condition at a surface coal mining operation on lands eligible for
remining under a permit held by the applicant. As added by P.L.179-1995, SEC.4.
IC 14-34-4-9 Mining of prime farmland
Sec. 9. (a) This section does not apply to an existing surface coal
mining operation that held a valid permit on August 3, 1977, with
continuous permits since that date.
(b) In addition to finding the application in compliance with
section 7 of this chapter, if the proposed mining area contains prime
farmland under IC 14-34-3-3(16), the director shall, after
consultation with the United States Secretary of Agriculture and
under rules adopted by the commission, grant a permit to mine on
prime farmland if the director finds in writing that the operator has
the technological capability to restore the mined area, within a
reasonable time, to equivalent or higher levels of yield as nonmined
prime farmland in the surrounding area under equivalent levels of
management and can meet the soil reconstruction standards in
IC 14-34-10-2(b)(10). As added by P.L.1-1995, SEC.27.
IC 14-34-4-10 Considerations regarding historic sites and structures; limitation
on enforcement of section and rules
Sec. 10. (a) The director may not approve a permit application
unless, in addition to the findings required by section 7 of this
chapter, the director states in writing that the director has considered
the effects of the proposed mining operation on a place listed on or
eligible for listing on the National Register of Historic Places or the
Indiana state register of historic sites and structures.
(b) If the director considers it appropriate in accordance with rules
adopted by the commission under this section, the director may
impose conditions on a permit for the protection of properties or sites
listed on or eligible for listing on the National Register of Historic
Places or the Indiana state register of historic sites and structures
requiring that:
(1) mining operations not occur in the areas occupied by the
properties or sites; or
(2) measures be implemented to mitigate the effects of the
operation upon those properties or sites before mining.
(c) The commission shall adopt rules under IC 4-22-2 to
implement this section consistent with the following general
principles:
(1) The commission's rules may not prohibit the use of
information from any source and shall recognize the
responsibilities of the state historic preservation officer under
IC 14-21-1-12 and IC 14-21-1-15.
(2) The commission's rules must provide for participation by
professional and amateur archeologists, anthropologists,
historians, or related experts in any:
(A) field investigations;
(B) studies; or
(C) records searches;
required by the director under this section.
(3) The commission's rules must strive to ensure that field
investigations and studies are required only where a substantial
likelihood exists that important and significant archeological or
historic sites are present.
(4) In considering the effect of proposed surface coal mining
and reclamation operations on a property or site eligible for
listing on the National Register of Historic Places, the director
shall consider the following:
(A) Based on information available from the division of
historic preservation and archeology, the relative importance
of the property or site compared to other properties or sites
in Indiana listed on or eligible for listing on the National
Register of Historic Places.
(B) The cost of an investigation of the permit area or site as
estimated by the applicant. A decision that an investigation
is not required may not be based on cost alone.
(5) This section does not authorize rules that impair the
ownership of artifacts or other material found on private land.
(d) The director may do the following:
(1) Investigate the possibility of obtaining available federal or
private:
(A) grants;
(B) subsidies; or
(C) aid;
to defer the cost to private individuals of measures required by
the director under this section.
(2) Apply for any:
(A) grants;
(B) aid; or
(C) subsidies;
that the director determines are available.
(e) In making the finding required by this section, the director
shall take into account the general principles set forth in subsection
(c).
(f) This section and the rules adopted under this section may not
be enforced if and to the extent that any federal court holds that the
federal Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201-1328) does not authorize the requirements of records
searches, field investigations, or other studies in connection with
application for surface coal mining operations. As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.25.
IC 14-34-4-10.5 Good faith effort to identify problems that may result in
unanticipated events or conditions
Sec. 10.5. (a) A person who submits an application for a permit
or for the revision or renewal of a permit under this article shall, to
the extent not otherwise addressed in the permit application, make a
good faith effort to identify potential problems that may result in an
unanticipated event or condition.
(b) An event or condition that arises despite substantial adherence
to the applicable operation and reclamation plan may be considered
unanticipated if it was not identified in the application for the
governing permit. As added by P.L.179-1995, SEC.5.
IC 14-34-4-11 Written findings
Sec. 11. (a) If an informal conference or public hearing is held
under section 5 of this chapter, the director shall furnish the applicant
and all parties with written findings:
(1) granting or denying the permit in whole or in part; and
(2) stating the reasons for granting or denying the permit in
whole or in part;
within sixty (60) days of the conference or public hearing.
(b) If the director does not take action on the permit application
within sixty (60) days after the conference or public hearing, the
applicant may do the following:
(1) Consider the permit application disapproved.
(2) Request a hearing under section 13 of this chapter.
(c) The applicant may waive the time limits of this section.
(d) If an informal conference or public hearing is not held under
section 5 of this chapter, the director shall notify the applicant in
writing within a reasonable time established by the commission by
rule and taking into account:
(1) the time needed for proper investigation of the site;
(2) the complexity of the permit application; and
(3) whether or not written objections to the application were
filed;
whether the application has been approved or disapproved in whole
or in part. As added by P.L.1-1995, SEC.27.
IC 14-34-4-12 Notification of applicant of director's decision
Sec. 12. The director shall notify an applicant of the director's
decision regarding the application. If the application is disapproved,
the notification must set forth specific reasons for the application's
disapproval. As added by P.L.1-1995, SEC.27.
IC 14-34-4-13 Hearing on reasons for final determination
Sec. 13. (a) Within thirty (30) days after an applicant is notified
of the approval or disapproval of an application:
(1) the applicant; or
(2) any person with an interest that is or may be adversely
affected;
may request a hearing on the reasons for the final determination. The
request must identify the person's interest that is or may be affected
by the approval or disapproval of the application.
(b) Upon receipt of a request for a hearing under subsection (a),
the commission shall do the following:
(1) Hold a hearing within thirty (30) days of the receipt of the
request.
(2) Notify the applicant and all interested parties of the time and
place of the hearing.
(3) Conduct the hearing and proceedings in accordance with
IC 4-21.5. For all hearings and proceedings commenced after
July 1, 1991, the commission is limited to the record before the
director.
(c) Within thirty (30) days after the hearing, the commission shall
furnish:
(1) the applicant; and
(2) all persons who participated in the hearing;
a written decision and state the reasons for the decision. As added by P.L.1-1995, SEC.27.
IC 14-34-4-14 Issuance of permit
Sec. 14. The director shall issue a permit if all of the following
apply:
(1) The application is approved.
(2) The bonding requirements of IC 14-34-6 are met.
(3) The thirty (30) day period specified under section 13(a) of
this chapter has expired. As added by P.L.1-1995, SEC.27.
IC 14-34-4-15 Permit effective upon issuance
Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under
section 14 of this chapter is effective upon issuance, unless a stay of
the permit has been granted under section 17 of this chapter. As added by P.L.1-1995, SEC.27.
IC 14-34-4-16 Notification of permit issuance
Sec. 16. (a) Within ten (10) days after a permit is issued, the
director shall notify the following persons that a permit has been
issued:
(1) The local government officials in the county in which the
area of land to be affected is located.
(2) Each person identified in the permit application under
IC 14-34-3-3(2).
(3) Each person who has requested a hearing under section 6 of
this chapter.
(4) Each person who has requested such notice.
(b) The notification must include a description of the land's
location. As added by P.L.1-1995, SEC.27.
IC 14-34-4-17 Temporary relief pending final determination
Sec. 17. If a hearing is requested under section 13 of this chapter,
the commission may, under the conditions that the commission
prescribes, grant appropriate temporary relief pending final
determination of the proceedings if the following conditions are met:
(1) All parties to the proceedings are notified and given an
opportunity to be heard on a request for temporary relief.
(2) The person requesting temporary relief shows a substantial
likelihood that the person will prevail on the merits of the final
determination of the proceeding.
(3) Temporary relief will not adversely affect the public health
or safety or cause significant imminent environmental harm to
land, air, or water resources. As added by P.L.1-1995, SEC.27.
IC 14-34-4-18 Conditions of permit
Sec. 18. (a) Each permit issued by the director is subject to
conditions imposed by the director. The conditions must include at
a minimum a requirement for the operator to pay to the federal Office
of Surface Mining all fees owed under 30 CFR Part 870.
(b) The director may issue a permit subject to the condition that
the permittee obtain or maintain in force other licenses or permits
required for the surface coal mining and reclamation operation.
However, the imposition of a condition under this subsection does
not authorize or require the director to administer or enforce the
requirements of any federal law or of any state law other than this
article. As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.5.
IC 14-34-4-1 Applicant's required notice of application
Sec. 1. At the time of submission of an application for a permit or
revision or renewal of a permit under this article, the applicant shall
do the following:
(1) Place the advertisement submitted as part of the application
under IC 14-34-3-3(6) in a local newspaper of general
circulation in the county in which the proposed surface coal
mining operation is located at least one (1) time a week for four
(4) consecutive weeks.
(2) Mail a copy of the advertisement to each person identified
in the application under IC 14-34-3-3(2).
(3) Mail a copy to every person who has requested notice of
such applications. As added by P.L.1-1995, SEC.27.
IC 14-34-4-2 Director's required notice of application
Sec. 2. (a) The director shall give notice to the following:
(1) Various local governmental bodies, planning agencies,
sewage and water treatment authorities, or water companies in
the county in which the proposed surface coal mining operation
will take place.
(2) All federal or state governmental agencies with authority to
issue permits and licenses applicable to the proposed surface
coal mining and reclamation operation that are part of the
permit coordinating process developed in accordance with
IC 14-34-3-14.
(3) Those agencies with an interest in the proposed operations,
including the following:
(A) The United States Department of Agriculture Natural
Resources Conservation Service district office.
(B) The local United States Army Corps of Engineers
district engineer.
(C) The National Park Service.
(D) State and federal fish and wildlife agencies.
(E) The historic preservation officer.
(b) The notice required by subsection (a) must consist of the
following:
(1) The operator's intention to mine a particularly described
tract of land.
(2) The application's permit number.
(3) Where a copy of the proposed surface coal mining and
reclamation plan may be inspected. As added by P.L.1-1995, SEC.27.
IC 14-34-4-3 Comments concerning applications
Sec. 3. (a) The local bodies, agencies, authorities, or companies
notified under section 2 of this chapter may, within thirty (30) days
of notification, submit written comments concerning the permit
applications with respect to the effect of the proposed surface coal
mining operation on the environment in their area of responsibility.
(b) The director shall immediately do the following:
(1) Transmit the comments to the applicant.
(2) Make the comments available to the public at the same
locations that the permit applications are available. As added by P.L.1-1995, SEC.27.
IC 14-34-4-4 Objections; request for informal conference or public hearing
Sec. 4. (a) A person with an interest that is or may be adversely
affected by a proposed surface coal mining operation or the officer
or head of a federal, state, or local governmental agency or authority
may:
(1) file written objections to the proposed initial or revised
application for a permit for surface coal mining and reclamation
operation with the director; and
(2) request an informal conference or a public hearing under
section 6 of this chapter;
within thirty (30) days after the last publication of the notice required
by sections 1 and 2 of this chapter.
(b) The request for an informal conference or public hearing must
do the following:
(1) State specifically the objections of the person requesting the
conference.
(2) If the person requesting the conference or public hearing is
not the officer or head of a federal, state, or local governmental
agency or authority, identify the interest of the person who is or
may be affected by the proposed surface coal mining operation.
(c) Upon receipt of an objection under subsection (a), the director
shall immediately do the following:
(1) Transmit the objections to the applicant.
(2) Make the objections available to the public. As added by P.L.1-1995, SEC.27.
IC 14-34-4-5 Informal conference or public hearing; access to mining area;
record of proceedings
Sec. 5. (a) If written objections are filed and an informal
conference or a public hearing is requested, the director shall hold
the conference or public hearing in the locality of the proposed
surface coal mining operation within a reasonable time of receipt of
the objections or request. The director shall advertise in a newspaper
of general circulation in the county in which the proposed surface
coal mining operation is located at least two (2) weeks before the
scheduled conference or public hearing the date, time, and location
of the conference or public hearing.
(b) The director may arrange with the applicant, upon request by
any party to the administrative proceeding, access to the proposed
mining area for the purpose of gathering information relevant to the
proceeding.
(c) An electronic or a stenographic record shall be made of the
conference or public hearing, unless waived by all parties. The
director shall maintain the record and have the record accessible to
the parties until final release of the applicant's performance bond.
(d) The director may not hold the conference or public hearing if
any of the following conditions exist:
(1) All parties requesting the conference or public hearing
stipulate agreement before the conference or public hearing and
withdraw their request.
(2) The request fails to comply with the requirements of section
4 of this chapter.
(3) The objections do not concern a matter within the scope of
this article or the commission's rules. As added by P.L.1-1995, SEC.27.
IC 14-34-4-6 Conditions requiring public hearing
Sec. 6. A public hearing shall be held on the proposed initial or
revised application for a permit if any of the following conditions
exist:
(1) The applicant requests a public hearing under section 4 of
this chapter.
(2) A petition is filed with the director requesting a public
hearing that is signed by at least twenty-five (25) individuals
who are at least eighteen (18) years of age and who:
(A) reside in the county where the permitted activity would
take place; or
(B) own real property within one (1) mile of the site of the
proposed or existing permitted activity.
(3) The director orders a public hearing. As added by P.L.1-1995, SEC.27.
IC 14-34-4-7 Approval of application; requirements
Sec. 7. (a) The applicant has the burden of establishing that the
application complies with all the requirements of this article. The
director may not approve a permit or revision application unless the
application affirmatively demonstrates and the director finds the
following:
(1) The permit application is accurate and complete and in
compliance with all the requirements of this article.
(2) The applicant has demonstrated that reclamation as required
by this article can be accomplished under the reclamation plan
contained in the permit application.
(3) The:
(A) assessment of the probable cumulative impact of all
anticipated mining in the area on the hydrologic balance
specified in IC 14-34-3-3 has been made by the director; and
(B) proposed mining operation is designed to prevent
material damage to the hydrologic balance outside the permit
area.
(4) The proposed mining area is not:
(A) included within an area designated unsuitable for surface
coal mining under IC 14-34-18-4; or
(B) within an area under study for that designation in an
administrative proceeding;
unless the applicant demonstrates that before January 1, 1977,
the applicant has made substantial legal and financial
commitments in the operation for which the applicant is
applying for a permit and is in an area where an administrative
proceeding has commenced under IC 14-34-18-4.
(5) If the private mineral estate is severed from the private
surface estate, the applicant has submitted to the director one
(1) of the following:
(A) The written consent of the surface owner to the
extraction of coal by surface mining methods.
(B) A conveyance that expressly grants or reserves the right
to extract the coal by surface mining methods. If the
conveyance does not expressly grant the right to extract coal
by surface mining methods, the surface-subsurface legal
relationship shall be determined in accordance with Indiana
law.
(6) A surface coal mining operation owned or controlled by the
applicant or a person who owns or controls the applicant is not
in violation of:
(A) this article;
(B) IC 14-36-1;
(C) the federal Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 through 1328);
(D) any federal statute or regulation; or
(E) any state statute or rule enacted or adopted under federal
statute or regulation pertaining to air or water environmental
protection;
unless the applicant submits proof that an existing violation has
been appealed or corrected or is in the process of being
corrected to the satisfaction of the regulatory authority that has
jurisdiction over the violation.
(7) The applicant has, if applicable, satisfied the requirements
for approval of a long term, intensive agricultural postmining
land use.
(8) The applicant has paid all reclamation fees from previous
and existing operations as required by 30 CFR Part 870.
(9) The operation would not affect the continued existence of
endangered or threatened species or result in destruction or
adverse modification of their critical habitats, as determined
under the federal Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(10) If any part of the operation would take place in a floodway,
the operation will not:
(A) result in unreasonably detrimental effects upon the fish,
wildlife, or botanical resources;
(B) adversely affect the efficiency; or
(C) unduly restrict the capacity;
of the floodway.
(b) The director shall make the findings required by subsection (a)
in writing and available to the applicant. The director may base the
findings on information set forth in the application or from
information otherwise available. The director shall set forth in the
written approval or denial the basis of the director's findings. As added by P.L.1-1995, SEC.27.
IC 14-34-4-8 Nonissuance of permit for violations of certain federal and state
statutes
Sec. 8. (a) As used in this section, "applicant" or "operator"
includes the following:
(1) The officers, partners, or directors of the applicant or
operator.
(2) The officers, partners, or directors of applicants or operators
under IC 14-36-1.
(b) The director may not issue a permit to an applicant if the
director finds after a hearing conducted in accordance with
IC 4-21.5-3 that the applicant or the operator specified in the
application controls or has controlled surface coal mining operations
with a demonstrated pattern of willful violations of:
(1) the federal Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 through 1328);
(2) this article or IC 13-4.1 (before its repeal);
(3) IC 14-36-1 or IC 13-4-6 (before its repeal); or
(4) any state statute enacted in response to P.L.95-87, the
federal Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 through 1328);
of a nature and duration and with the resulting irreparable damage to
the environment that indicates an intent not to comply with this
article, IC 13-4.1 (before its repeal), IC 14-36-1, or IC 13-4-6 (before
its repeal). As added by P.L.1-1995, SEC.27.
IC 14-34-4-8.5 Exemptions for unanticipated events or conditions
Sec. 8.5. The:
(1) finding required by section 7(a)(6) of this chapter; and
(2) prohibition on the issuance of a permit in section 8 of this
chapter;
do not apply to a violation resulting from an unanticipated event or
condition at a surface coal mining operation on lands eligible for
remining under a permit held by the applicant. As added by P.L.179-1995, SEC.4.
IC 14-34-4-9 Mining of prime farmland
Sec. 9. (a) This section does not apply to an existing surface coal
mining operation that held a valid permit on August 3, 1977, with
continuous permits since that date.
(b) In addition to finding the application in compliance with
section 7 of this chapter, if the proposed mining area contains prime
farmland under IC 14-34-3-3(16), the director shall, after
consultation with the United States Secretary of Agriculture and
under rules adopted by the commission, grant a permit to mine on
prime farmland if the director finds in writing that the operator has
the technological capability to restore the mined area, within a
reasonable time, to equivalent or higher levels of yield as nonmined
prime farmland in the surrounding area under equivalent levels of
management and can meet the soil reconstruction standards in
IC 14-34-10-2(b)(10). As added by P.L.1-1995, SEC.27.
IC 14-34-4-10 Considerations regarding historic sites and structures; limitation
on enforcement of section and rules
Sec. 10. (a) The director may not approve a permit application
unless, in addition to the findings required by section 7 of this
chapter, the director states in writing that the director has considered
the effects of the proposed mining operation on a place listed on or
eligible for listing on the National Register of Historic Places or the
Indiana state register of historic sites and structures.
(b) If the director considers it appropriate in accordance with rules
adopted by the commission under this section, the director may
impose conditions on a permit for the protection of properties or sites
listed on or eligible for listing on the National Register of Historic
Places or the Indiana state register of historic sites and structures
requiring that:
(1) mining operations not occur in the areas occupied by the
properties or sites; or
(2) measures be implemented to mitigate the effects of the
operation upon those properties or sites before mining.
(c) The commission shall adopt rules under IC 4-22-2 to
implement this section consistent with the following general
principles:
(1) The commission's rules may not prohibit the use of
information from any source and shall recognize the
responsibilities of the state historic preservation officer under
IC 14-21-1-12 and IC 14-21-1-15.
(2) The commission's rules must provide for participation by
professional and amateur archeologists, anthropologists,
historians, or related experts in any:
(A) field investigations;
(B) studies; or
(C) records searches;
required by the director under this section.
(3) The commission's rules must strive to ensure that field
investigations and studies are required only where a substantial
likelihood exists that important and significant archeological or
historic sites are present.
(4) In considering the effect of proposed surface coal mining
and reclamation operations on a property or site eligible for
listing on the National Register of Historic Places, the director
shall consider the following:
(A) Based on information available from the division of
historic preservation and archeology, the relative importance
of the property or site compared to other properties or sites
in Indiana listed on or eligible for listing on the National
Register of Historic Places.
(B) The cost of an investigation of the permit area or site as
estimated by the applicant. A decision that an investigation
is not required may not be based on cost alone.
(5) This section does not authorize rules that impair the
ownership of artifacts or other material found on private land.
(d) The director may do the following:
(1) Investigate the possibility of obtaining available federal or
private:
(A) grants;
(B) subsidies; or
(C) aid;
to defer the cost to private individuals of measures required by
the director under this section.
(2) Apply for any:
(A) grants;
(B) aid; or
(C) subsidies;
that the director determines are available.
(e) In making the finding required by this section, the director
shall take into account the general principles set forth in subsection
(c).
(f) This section and the rules adopted under this section may not
be enforced if and to the extent that any federal court holds that the
federal Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201-1328) does not authorize the requirements of records
searches, field investigations, or other studies in connection with
application for surface coal mining operations. As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.25.
IC 14-34-4-10.5 Good faith effort to identify problems that may result in
unanticipated events or conditions
Sec. 10.5. (a) A person who submits an application for a permit
or for the revision or renewal of a permit under this article shall, to
the extent not otherwise addressed in the permit application, make a
good faith effort to identify potential problems that may result in an
unanticipated event or condition.
(b) An event or condition that arises despite substantial adherence
to the applicable operation and reclamation plan may be considered
unanticipated if it was not identified in the application for the
governing permit. As added by P.L.179-1995, SEC.5.
IC 14-34-4-11 Written findings
Sec. 11. (a) If an informal conference or public hearing is held
under section 5 of this chapter, the director shall furnish the applicant
and all parties with written findings:
(1) granting or denying the permit in whole or in part; and
(2) stating the reasons for granting or denying the permit in
whole or in part;
within sixty (60) days of the conference or public hearing.
(b) If the director does not take action on the permit application
within sixty (60) days after the conference or public hearing, the
applicant may do the following:
(1) Consider the permit application disapproved.
(2) Request a hearing under section 13 of this chapter.
(c) The applicant may waive the time limits of this section.
(d) If an informal conference or public hearing is not held under
section 5 of this chapter, the director shall notify the applicant in
writing within a reasonable time established by the commission by
rule and taking into account:
(1) the time needed for proper investigation of the site;
(2) the complexity of the permit application; and
(3) whether or not written objections to the application were
filed;
whether the application has been approved or disapproved in whole
or in part. As added by P.L.1-1995, SEC.27.
IC 14-34-4-12 Notification of applicant of director's decision
Sec. 12. The director shall notify an applicant of the director's
decision regarding the application. If the application is disapproved,
the notification must set forth specific reasons for the application's
disapproval. As added by P.L.1-1995, SEC.27.
IC 14-34-4-13 Hearing on reasons for final determination
Sec. 13. (a) Within thirty (30) days after an applicant is notified
of the approval or disapproval of an application:
(1) the applicant; or
(2) any person with an interest that is or may be adversely
affected;
may request a hearing on the reasons for the final determination. The
request must identify the person's interest that is or may be affected
by the approval or disapproval of the application.
(b) Upon receipt of a request for a hearing under subsection (a),
the commission shall do the following:
(1) Hold a hearing within thirty (30) days of the receipt of the
request.
(2) Notify the applicant and all interested parties of the time and
place of the hearing.
(3) Conduct the hearing and proceedings in accordance with
IC 4-21.5. For all hearings and proceedings commenced after
July 1, 1991, the commission is limited to the record before the
director.
(c) Within thirty (30) days after the hearing, the commission shall
furnish:
(1) the applicant; and
(2) all persons who participated in the hearing;
a written decision and state the reasons for the decision. As added by P.L.1-1995, SEC.27.
IC 14-34-4-14 Issuance of permit
Sec. 14. The director shall issue a permit if all of the following
apply:
(1) The application is approved.
(2) The bonding requirements of IC 14-34-6 are met.
(3) The thirty (30) day period specified under section 13(a) of
this chapter has expired. As added by P.L.1-1995, SEC.27.
IC 14-34-4-15 Permit effective upon issuance
Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under
section 14 of this chapter is effective upon issuance, unless a stay of
the permit has been granted under section 17 of this chapter. As added by P.L.1-1995, SEC.27.
IC 14-34-4-16 Notification of permit issuance
Sec. 16. (a) Within ten (10) days after a permit is issued, the
director shall notify the following persons that a permit has been
issued:
(1) The local government officials in the county in which the
area of land to be affected is located.
(2) Each person identified in the permit application under
IC 14-34-3-3(2).
(3) Each person who has requested a hearing under section 6 of
this chapter.
(4) Each person who has requested such notice.
(b) The notification must include a description of the land's
location. As added by P.L.1-1995, SEC.27.
IC 14-34-4-17 Temporary relief pending final determination
Sec. 17. If a hearing is requested under section 13 of this chapter,
the commission may, under the conditions that the commission
prescribes, grant appropriate temporary relief pending final
determination of the proceedings if the following conditions are met:
(1) All parties to the proceedings are notified and given an
opportunity to be heard on a request for temporary relief.
(2) The person requesting temporary relief shows a substantial
likelihood that the person will prevail on the merits of the final
determination of the proceeding.
(3) Temporary relief will not adversely affect the public health
or safety or cause significant imminent environmental harm to
land, air, or water resources. As added by P.L.1-1995, SEC.27.
IC 14-34-4-18 Conditions of permit
Sec. 18. (a) Each permit issued by the director is subject to
conditions imposed by the director. The conditions must include at
a minimum a requirement for the operator to pay to the federal Office
of Surface Mining all fees owed under 30 CFR Part 870.
(b) The director may issue a permit subject to the condition that
the permittee obtain or maintain in force other licenses or permits
required for the surface coal mining and reclamation operation.
However, the imposition of a condition under this subsection does
not authorize or require the director to administer or enforce the
requirements of any federal law or of any state law other than this
article. As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.5.
