INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
(Current as of January, 2001)

IC 14-34 --

CHAPTER 1.          General Provisions
CHAPTER 2.          Regulatory Authority
CHAPTER 3.          Permit Requirements
CHAPTER 4.          Permit Approval or Denial
CHAPTER 5.          Permit Terms
CHAPTER 6.          Bonding
CHAPTER 7.          Self-Bonding
CHAPTER 8.          Bond Pool
CHAPTER 9.          Coal Exploration
CHAPTER 10.         Performance Standards
CHAPTER 11.         Surface Effects of Underground Coal Mining
CHAPTER 12.         Blasting
CHAPTER 13.         Reclamation Fees
CHAPTER 14.         Reclamation Division Fund
CHAPTER 15.         Inspections, Monitoring, and Enforcement
CHAPTER 16.         Penalties
CHAPTER 17.         Judicial Review
CHAPTER 18.         Designation of Land Unsuitable for Surface Coal Mining
CHAPTER 19.         Abandoned Mines



NOTE:
Cross references to OSM's federal regulations appear in double braces to the right of the Rule or Section number,
e.g.,  "RULE 0.5. DEFINITIONS           {{ 30 CFR 701.5 }}".  The cross references were compiled using the
preambles to OSM's approval of amendments to the Indiana regulatory program published in the Federal Register
from the April 8, 1996 Federal Register issue (61 FR 15378), the date OSM approved the recodification of the
Indiana SMCRA, through the June 5, 2000 Federal Register issue (65 FR 5568).

INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 1. General Provisions

IC 14-34-1 ---

IC 14-34-1-1 
Sec. 1. 
This article applies to the following:
     (1) A person who engages in surface coal mining operations, whether or not the person has a permit.
     (2) An agency, a unit, or an instrumentality of federal, state, or local government, including a publicly
     owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage
     in surface coal mining operations.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-1-2
Sec. 2. 
This article does not apply to any of the following activities:
     (1) The extraction of coal by a landowner for the landowner's own noncommercial use from land owned or
     leased by the landowner.
     (2) The extraction of coal as an incidental part of federal, state, or local government financed highway or
     other construction under rules established by the commission.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-1-3
Sec. 3. 
It is the purpose of this article to do the following:
     (1) Implement and enforce the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 through 1328).
     (2) Establish a statewide program to protect society and the environment from the adverse effects of surface
coal mining operations.
     (3) Assure that the rights of surface landowners and other persons with a legal interest in the land or
appurtenances to the land are fully protected from surface coal mining operations.
     (4) Assure that surface mining operations are not conducted where reclamation as required by this article is
not feasible.
     (5) Assure that surface coal mining operations are conducted so as to protect the environment.
     (6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as
possible with the surface coal mining operations.
     (7) Assure that the coal supply essential to the nation's energy requirements and economic and social well-
being is provided and strike a balance between protection of the environment and agricultural productivity and the
nation's need for coal as an essential source of energy.
     (8) Promote the reclamation of mined areas left without adequate reclamation before August 3, 1977, and
that continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or
damage the beneficial use of land or water resources, or endanger the health or safety of the public.
     (9) Assure that appropriate procedures are provided for the public participation in the development,
revision, and enforcement of regulations, standards, reclamation plans, or programs established by the state.
     (10) Wherever necessary, exercise the full reach of state constitutional powers to ensure the protection of
the public interest through effective control of surface coal mining operations.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-1-4
Sec. 4. 
(a) It is the purpose of this article to establish requirements that are not more stringent than the requirements required
to meet the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
(b) The director and the commission may not adopt a rule under this article that is more stringent than corresponding
provisions under the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
(As added by P.L.1-1995, SEC.27.)

IC 14-34-1-5
Sec. 5. 
Notwithstanding IC 4-21.5-3-25(d), under this article an administrative law judge may not impose conditions upon
the participation or testimony of a party or limit discovery, cross-examination, or argument that would cause
implementation of this article to be inconsistent with or not in accordance with the federal Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
(As added by P.L.1-1995, SEC.27.)

INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 2. Regulatory Authority

IC 14-34-2 ---

IC 14-34-2-1 
Sec. 1. 
The commission shall do the following:
     (1) Adopt rules under IC 4-22-2 that do the following:
          (A) Effectuate the purposes of this article.
          (B) Take into account the following:
               (i) I The terrain, climate, biologic, chemical, and other physical conditions in those areas
of Indiana where surface coal mining operations may occur.
               (ii) Land use considerations of the state and the state's political subdivisions.
     (2) Perform all other duties required under this article.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-2-2
Sec. 2. 
(a) The commission shall appoint the following:
     (1) An administrative law judge to conduct proceedings under IC 4-21.5. An administrative law judge is
subject to IC 14-10-2-2. 
     (2) A hearing officer to conduct proceedings under IC 4-22-2.
(b) An administrative law judge is the ultimate authority for the department for any administrative review proceeding
under this article, except for the following:
     (1) Proceedings concerning the approval or disapproval of a permit application or permit renewal under IC
14-34-4-13.
     (2) Proceedings for suspension or revocation of a permit under IC 14-34-15-7.
( c) An order made by an administrative law judge granting or denying temporary relief from a decision of the
director is a final order of the department.
(d) Judicial review of a final order made by an administrative law judge under subsection (b) or ( c) or under IC 13-
4.1-2-1( c) or IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-2-3
Sec. 3. 
The director shall do the following:
     (1) Supervise the administration and enforcement of the following:
          (A) This article.
          (B) The rules adopted under this article.
     (2) Conduct the necessary investigations and inspections for the proper administration of this article.
     (3) Order a person who does not hold a valid permit to conduct operations governed by this article to cease
those operations and reclaim the area affected to the standards required by this article.
     (4) Order compliance with the following:
          (A) The terms of a permit issued under this article.
          (B) This article.
     (5) Have access to all areas under application for a permit or under a permit issued under this article and
without liability to the operator or the property owner.
     (6) Submit to a federal or state agency each report required to be submitted to that agency by law, rule, or
regulation and include the information in the report that the agency requires.
     (7) Develop a policy and procedures manual to standardize the implementation of this article. The manual
shall be distributed to all individuals who implement or enforce this article.
     (8) Do all things necessary to implement this article.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-2-4        {{ SMCRA Sec. 503; 30 CFR 732.17 }}
Sec. 4.
(a) The director may do the following:
     (1) Apply for, accept, and use money from any legal source to aid in carrying out the purposes of this
article.
     (2) Conduct research related to coal mining activities.
     (3) Collect and distribute information relating to mining activities.
     (4) Engage in cooperative projects with an agency of the United States or of a state to carry out the purposes
of this article.
     (5) Request the attorney general to maintain an action in the name of the state in the appropriate court to
restrain interference with the exercise of the right to enter or conduct work on any premises as provided by this
article.
     (6) With the approval of the governor, acquire and transfer land or transfer jurisdiction of the land to a state
agency that can best use the land for public purposes.
     (7) Submit to the federal Office of Surface Mining a formal state program amendment, subject to subsection
(b).
(b) The director may submit a formal amendment to the state program for the regulation of surface coal mining and
reclamation to the federal Office of Surface Mining only after the provisions of the amendment:
     (1) have been approved by the governor; or
     (2) have become law.
(As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.3.)

IC 14-34-2-5
Sec. 5. 
The director may delegate any powers and duties assigned to the director in this article to other employees of the
department.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-2-6             {{ SMCRA Sec. 517(g); 30 CFR Part 705 }}
YAMD.1995
Sec. 6. 
(a) An employee of the department who has a duty under this article may not have a direct or an indirect financial
interest in a surface coal mining operation.
(b) In addition to the filings required under IC 35-44-1, each member of the commission shall file annually with the
director a statement of employment and financial interest on a form prescribed by the department. 
( c) A member of the commission may not participate in a proceeding that may affect the member's direct or indirect
financial interests.
(d) A person who knowingly violates this section commits a Class A misdemeanor.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-2-7
Sec. 7. 
(a) After the commission has adopted rules as required by section 1 of this chapter, any person may petition the
commission to initiate a proceeding for the adoption, amendment, or repeal of a rule adopted to enforce this article.
(b) The petition must set forth facts that the petitioner claims necessitate the adoption, amendment, or repeal of the
rule described in subsection (a).
( c) The petition must specify the petitioner's proposed adoption, amendment, or repeal of a rule.
(d) Upon receipt of the petition, the commission may conduct any necessary investigations and hold a public hearing
that is not subject to IC 4-21.5 to determine whether the petition should be granted. The commission may not hold a
public hearing if the petition is incomplete.
(e) Within ninety (90) days of receipt of the petition, the commission shall either grant or deny the petition. If the
petition is granted, the commission shall adopt, amend, or repeal the rule under IC 4-22-2. The commission shall
send written notice to the petitioner setting forth the reasons for granting or denying the petition.
(As added by P.L.1-1995, SEC.27.)

INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 3. Permit Requirements

IC 14-34-3 ---

IC 14-34-3-1
Sec. 1. 
A person may not open, develop, or operate a new or previously mined or abandoned site for surface coal mining
operations in Indiana without holding a valid surface coal mining and reclamation permit.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-2
Sec. 2. 
A person must make application for a surface coal mining and reclamation permit to the director on a form
prescribed by the director.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-3
Sec. 3. 
An application for a surface coal mining and reclamation permit must include the following:
     (1) The names and addresses of the following:
          (A) The permit applicant.
          (B) Every legal owner of record of the property (surface and mineral) to be mined.
          ( C) The holders of record of any leasehold interest in the property.
          (D) Any purchaser of record of the property under a real estate contract.
          (E) The operator if the operator is a person different from the applicant.
          (F) If a person in clauses (A) through (E) is a business entity other than a single proprietor, the
names and addresses of the principals, officers, and resident agent.
     (2) The names and addresses of the owners of record of all surface and subsurface areas adjacent to any part
of the permit area.
     (3) A statement of each current or previous surface coal mining permit in the United States held by the
applicant, including each pending application, the permit identification, and the state that issued that permit or holds
the pending application.
     (4) If the applicant is a partnership, a corporation, an association, or other business entity, the following
where applicable:
          (A) The names and addresses of every officer, partner, or director or person performing a function
similar to a director of the applicant.
          (B) The name and address of each person owning, of record, at least ten percent (10%) of any class
of voting stock of the applicant.
          ( C) A list of all names under which the applicant, partner, or principal shareholder previously
operated a surface coal mining operation within the United States within:
               (i) the five (5) years preceding the date of submission of the application; or
               (ii) any additional period that the director establishes.
     (5) A statement of whether the applicant or a subsidiary, an affiliate, or a person controlled by or under
common control with the applicant has:
          (A) ever held a federal or state coal mining permit that in:
               (i)the five (5) years preceding the date of submission of the application; or
               (ii) any additional period that the director establishes;
was suspended or revoked or is in the process of revocation; or
          (B) had a mining bond or similar security deposited in lieu of bond forfeited; 
and if so, a brief explanation of the facts involved and identification of the state in which this action occurred.
     (6) A copy of the applicant's advertisement to be published under IC 14-34-4-1. The advertisement must
include the following:
          (A) The names of the property owners involved.
          (B) A description of the exact location and boundaries of the proposed site sufficient so that the
proposed surface coal mining operation is readily locatable by local residents.
          ( C) The location where the application is available for public inspection.
     (7) A description of the following:
          (A) The type and method of surface coal mining operation that exists or is proposed.
          (B) The engineering techniques proposed or used.
          ( C) The equipment used or proposed to be used.
     (8) The anticipated or actual starting and termination dates of each phase of the surface coal mining
operation and the number of acres of land to be affected.
     (9) An accurate map or plan, to an appropriate scale, clearly showing the following:
          (A) The land to be affected as of the date of the application.
          (B) The area of land within the permit area upon which the applicant has the legal right to enter
and commence surface coal mining operations, including the following:
               (i ) A statement of those documents upon which the applicant bases the applicant's legal
right to enter and commence surface coal mining operations on the area affected.
               (ii) Whether that right is the subject of pending court litigation.
     (10) The name of the watershed and location of the surface stream or tributary into which surface and pit
drainage will be discharged.
     (11) A determination of the probable hydrologic consequences of surface coal mining and reclamation
operations, both on and off the mine site, with respect to the following:
          (A) The hydrologic regime.
          (B) The quantity and quality of water in surface and ground water systems, including the dissolved
and suspended solids under seasonal flow conditions.
          ( C)The collection of sufficient data for the mine site and surrounding areas so that an assessment
can be made of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area
and particularly upon water availability.
However, this determination is not required until the time that hydrologic information on the general area before
mining is made available from an appropriate federal or state agency. The permit may not be approved until the
information is available and is incorporated into the application.
     (12) When requested by the director, the climatological factors that are peculiar to the locality of the land to
be affected, including the following:
          (A) The average seasonal precipitation.
          (B) The average direction and velocity of prevailing winds.
          ( C) The seasonal temperature ranges.
     (13) Accurate maps to an appropriate scale clearly showing the land affected on the date of application and
the same information that is set forth on topographical maps of the United States Geological Survey of a scale of
1:24,000 or 1:25,000 or larger, including all manmade features and archeological and historical sites known by the
division of historic preservation and archeology. The map or plan must show the following:
          (A) All boundaries of the land to be affected.
          (B) The boundary lines and names of present owners of record of all surface areas abutting the
permit area.
          ( C) The location of all buildings within one thousand (1,000) feet of the permit area.
     (14) Cross section maps or plans of the land to be affected, including the actual area to be mined, prepared
by or under the direction of and certified by an engineer licensed under IC 25-31 or a geologist licensed under IC 25-
17.6 with assistance from experts in related fields such as land surveying and landscape architecture. The maps or
plans must show pertinent elevation and location of test borings or core samplings and depict the following:
          (A) The nature and depth of the various strata of overburden as required by the commission in the
commission's rules.
          (B) The location and quality of subsurface water if encountered.
          ( C) The nature and thickness of each coal or rider seam above the coal seam to be mined.
          (D) The nature of the stratum immediately beneath the coal seam to be mined.
          (E) All mineral crop lines and the strike and dip of the coal to be mined within the area of land to
be affected.
          (F) Existing or previous surface coal mining limits.
          (G) The location and extent of known workings of each underground coal mine, including mine
openings to the surface. 
          (H) The location of aquifers as required by the commission in the commission's rules.
          (I) The estimated elevation of the water table.
          (J) The location of spoil, waste, or refuse areas and topsoil preservation areas.
          (K) The location of all impoundments for waste or erosion control.
          (L) Each settling or water treatment facility.
          (M) Constructed or natural drainageways and the location of each discharge to a surface body of
water on the area of land to be affected or adjacent to the land to be affected.
          (N) Profiles at appropriate cross sections of the anticipated final surface configuration that will be
achieved under the operator's proposed reclamation plan.
     (15) A statement of the result of test borings or core samplings from the permit area, including the
following:
          (A) Logs of the drill holes.
          (B) The thickness of the coal seam found and an analysis of the chemical properties of that coal.
          ( C) The sulfur content of each coal seam.
          (D) Chemical analysis of potentially acid or toxic forming sections of the overburden.
          (E) A chemical analysis down to and including the deeper of the following:
               (i) The stratum lying immediately underneath the lowest coal seam to be mined.
               (ii) An aquifer below the lowest coal seam to be mined that may be adversely impacted by
mining.
The director may waive the requirement as to the specific application of this clause if the director determines in
writing the requirements are unnecessary.
     (16) For the land in the permit application that a reconnaissance inspection suggests may be prime farmland
and to confirm the exact location of the prime farmland, a soil survey in accordance with the standards established by
the United States Secretary of Agriculture.
     (17) A reclamation plan that meets the requirements of section 12 of this chapter.
     (18) Proof that the applicant is self-insured or has a public liability insurance policy issued by an insurance
company authorized to do business in Indiana in force for the surface coal mining and reclamation operations for
which the permit is sought. The policy must provide for personal injury and property damage protection in an
amount adequate to compensate each person injured as a result of the surface coal mining and reclamation operation.
If a permit is granted, the permittee shall maintain the policy in full force and effect for the duration of the permit or
a renewal.
     (19) A blasting plan that outlines the procedures the operator will use to comply with IC 14-34-12.
     (20) A listing of all notices of violations, and their final resolution, of:
          (A) IC 13-4.1 (before its repeal);
          (B) this article; and
          ( C)  a:
               (i) federal statute or regulation; or
               (ii) state statute or rule enacted or adopted in response to a federal statute or regulation;
pertaining to air or water environmental protection;
incurred by the applicant or a subsidiary, an affiliate, or a person controlled by or under common control with the
applicant in connection with any surface coal mining operation during the three (3) year period before the date of
application.
(As added by P.L.1-1995, SEC.27. Amended by P.L.2-1997, SEC.54; P.L.17-1999, SEC.1.)

IC 14-34-3-4
Sec. 4. 
The information required by section 3 of this chapter pertaining to coal seams, test borings, core samplings, or soil
samples is available for inspection by any person with an interest that is or may be adversely affected by the surface
coal mining and reclamation operation. However, the information that pertains only to the analysis of the chemical
and physical properties of the coal, except information concerning a mineral or elemental content that is potentially
toxic in the environment and the nature and location of archeological resources on public land and Indian land as
required under the federal Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), is confidential.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-5
Sec. 5. 
Upon the written request of the operator and if the director finds that the probable total annual production at all
locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, a qualified public
or private laboratory designated by the director shall determine the probable hydrologic consequences and the results
of test borings or core samplings required by section 3 of this chapter. The department shall assume the cost of
preparation of the determination made under this section.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-6
Sec. 6. 
Each applicant for a surface coal mining and reclamation permit, amendment, transfer, or renewal shall file an entire
copy of the application, except for the information pertaining to the coal seam, for public inspection in the main
public library in the county in which the proposed mining operation is located or in an appropriate public office in
that county, as approved by the director. The documents may not be recorded.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-7 
Sec. 7. 
An applicant must pay a filing fee of fifty dollars ($50).
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-8
Sec. 8. 
An application remains on file until thirty (30) days after the director's final decision on the application, at which
time the applicant may remove the application.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-9
Sec. 9. 
An accurate and complete copy of an application, except as provided in section 4 of this chapter, must:
     (1) remain on file at the office of the division of reclamation nearest the mining operation; and
     (2) be available for public inspection and copying at reasonable charge during normal business hours.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-10
Sec. 10.
(a) The director may require a permit applicant to submit additional information concerning the identity, location,
and nature of archeological and historic sites in or within one thousand (1,000) feet of the permit area in accordance
with rules adopted by the commission to implement this section.
(b) In the rules implementing this section, the commission shall provide that the director may require a permit
applicant to identify and evaluate important archeological and historic sites through the following:
     (1) Searches of the records of the following:
          (A) Research institutions.
          (B) The state historical preservation office.
     (2) Field investigations.
     (3) Other appropriate investigations according to standards incorporated in the rules.
( c) The commission's rules must be consistent with the principles set forth in IC 14-34-4-10(c).
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-11
Sec. 11.
(a) Whenever the department has assumed the cost of a test or determination required by section 5 of this chapter, the
operator for whom the costs were assumed shall reimburse the department for the costs if any of the following
conditions exist:
     (1) The actual and attributed annual coal production of the operator at all locations exceeds three hundred
thousand (300,000) tons during any consecutive twelve (12) month period either during:
          (A) the term of the permit for which assistance was provided; or
          (B) the first five (5) years after issuance of the permit;
whichever is shorter. 
     (2) False information was given the department in the application for the permit or in reports required by
the department.
     (3) A permit application was not submitted to the department within one (1) year after the date the permittee
received the report for which the cost was assumed.
     (4) The applicant does not begin mining within six (6) months after obtaining the permit.
     (5) The:
          (A) permit is sold, transferred, or assigned to another person; and
          (B) transferee's total actual and attributed production exceeds the three hundred thousand
(300,000) ton annual production limit during any consecutive twelve (12) month period of the remaining term of the
permit.
Under this subdivision the applicant and the applicant's successor are jointly and severally obligated to reimburse the
department.
(b) The department may waive the reimbursement obligation if the department finds that the applicant at all times
acted in good faith.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-12
Sec. 12.
(a) Each reclamation plan submitted as part of a permit application as required by section 3 of this chapter must
include the following, in the degree of detail necessary to demonstrate that reclamation required by this article can be
accomplished:
     (1) The:
          (A) identification of land subject to surface coal mining operations over the estimated life of those
operations; and
          (B) size, sequence, and timing of the sub areas for which it is anticipated that individual permits
for mining will be sought.
     (2) A statement of the condition of the land to be covered by the permit before mining, including the
following:
          (A) The uses existing at the time of the application.
          (B) If the land has a history of previous mining, the uses that preceded mining.
          ( C) The capability of the land before mining to support a variety of uses giving consideration to
the following:
               (i) Soil and foundation characteristics.
               (ii) Topography.    
               (iii) Vegetative cover.
               (iv) If applicable, a soil survey prepared under section 3(16) of this chapter.
          (D) The productivity of the land, including the following:
               (i) Appropriate classification as prime farmland.
               (ii) The average yield of food, fiber, forage, or wood products from the land obtained
under high levels of management.
     (3) The proposed use of the land following reclamation, including the following:
          (A) A discussion of the utility and capacity of the reclaimed land to support a variety of alternative
uses. 
          (B) A discussion of the relationship of that use to existing land use policies and plans.
          ( C) The comments of any owner of the surface and state and local governments or agencies of
state and local governments that would have to initiate, implement, approve, or authorize the proposed use of the
land following reclamation.
     (4) A detailed description of:
          (A) how the proposed postmining land use is to be achieved; and
          (B) the necessary support activities that may be needed to achieve the proposed land use.
     (5) A description of the engineering techniques and the major equipment proposed to be used in the surface
coal mining and reclamation operation.
     (6) Plans for the following:
          (A) The control of surface water drainage and of water accumulation.
          (B) Where appropriate, backfilling, soil stabilization, and compacting, grading, and appropriate
revegetation.
          ( C) Soil reconstruction, replacement, and stabilization under the performance standards in IC 14-
34-10-2(b)(10) for the food, forage, and forest land identified in IC 14-34-10-2(b)(10).
     (7) An estimate of the cost of the reclamation, including a statement as to how the permittee plans to comply
with each of the requirements set out in IC 14-34-10-2.
     (8) The consideration given to maximize the use and conservation of the solid fuel resource recovered so
that reaffecting the land in the future is minimized.
     (9) A detailed estimated timetable for the accomplishment of each major step in the reclamation plan.
     (10) The consideration given to making the surface coal mining and reclamation operation consistent with
the following:
          (A) Surface owner plans.
          (B) Applicable state and local land use plans and programs.
     (11) The steps to be taken to comply with the following:
          (A) Applicable air and water quality laws and rules.
          (B) Applicable health and safety standards.
     (12) The consideration given to developing the reclamation plan in a manner consistent with local physical
environmental and climatological conditions.
     (13) With respect to land contiguous to the area to be covered by the permit, a description of the following:
          (A) The land.
          (B) Interests in the land.
          ( C) Options on interests in the land held by the applicant.
          (D) Pending bids on interests in the land by the applicant.
This information is confidential and not a matter of public record.
     (14) The results of test borings that the applicant has made to the permit area or other equivalent
information and data in a form satisfactory to the director, including the location of subsurface water and an analysis
of the chemical properties. The analysis must include an analysis of the acid-forming properties of the mineral and
overburden. The information that pertains only to the analysis of the chemical and physical properties of the coal,
except information regarding mineral or elemental contents that are potentially toxic in the environment, is
confidential.
     (15) A detailed description of the measures to be taken during the surface coal mining and reclamation
process to assure the protection of the following:
          (A) The quality of surface and ground water systems, both onsite and offsite, from adverse effects
of the mining and reclamation process.
          (B) The rights of present users to that water.
          ( C) The quantity of surface and ground water systems, both onsite and offsite, from adverse
effects of the mining and reclamation process or to provide alternative sources of water where the protection of
quantity cannot be assured.
     (16) Other information that the commission requires by rule.
(b) Unless otherwise provided, information required by this section that is not on public file under Indiana law is
confidential.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-13
Sec. 13. 
To encourage advances in coal mining and reclamation practices or to allow postmining land use for industrial,
commercial, residential, recreational, or public use, the director may, with the approval of the United States
Secretary of the Interior, permit departures in individual cases from the standards established in IC 14-34-10 and IC
14-34-11. The director may permit these departures only if the following conditions exist:
     (1) The experimental practices are:
          (A) potentially more; or
          (B) at least as;
environmentally protective during and after the coal mining operations as those required under commission rules
governing this section.
     (2) The coal mining operations approved for particular land use or other purposes are not larger or more
numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices.
     (3) The experimental practices do not reduce the protection afforded public health and safety below that
provided by commission rules governing this section.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-3-14
Sec. 14. 
The director shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface
coal mining and reclamation operations with applicable requirements of the following:
     (1) The federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
     (2) The federal Fish and Wildlife Coordination Act (16 U.S.C. 661 through 666c).
     (3) The federal Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 through 711).
     (4) The National Historic Preservation Act (16 U.S.C. 470 et seq.).
     (5) The federal Bald Eagle Protection Act (16 U.S.C. 668a).
(As added by P.L.1-1995, SEC.27.)

                                

INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 4. Permit Approval or Denial

IC 14-34-4 ---

IC 14-34-4-1
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
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
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
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
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
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
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        {{ SMCRA Sec. 510(e); 30 CFR 773.15 }}
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
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
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 
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).
(As added by P.L.1-1995, SEC.27.)

IC 14-34-4-10.5          {{ SMCRA Sec. 510(e) [Related Section]; 30 CFR 773.15 }}
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
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
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
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
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
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
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
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       {{ SMCRA 503(a)(6) }}
YAMD.1998
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.)

                                



INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 5. Permit Terms

IC 14-34-5 --

IC 14-34-5-1
Sec. 1. 
(a) A permit issued under IC 14-34-4 is valid for five (5) years unless the director grants a longer period under
subsection ( c).
(b) The director may issue a permit with a validity period exceeding five (5) years if the following conditions are
met:
     (1) The applicant demonstrates that a specified longer period is reasonably needed to obtain necessary
     financing for equipment and the opening of the operation.
     (2) The application is full and complete for the specified longer period.
     (3) The application complies with:
          (A) the standards established by this article; or
          (B) the rules that the commission adopts.
( c) If the director determines that a specified validity period exceeding five (5) years is warranted under subsection
(b)(1), the director may issue a permit for the specified longer period.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-5-2
Sec. 2. 
(a) A permittee may not transfer, assign, or sell the rights granted under a permit without the written approval of the
director.
(b) A successor in interest to a permittee who:
     (1) applies for a new permit within thirty (30) days of succeeding to the interest; and
     (2) obtains the bond coverage of the original permittee;
may continue the surface coal mining and reclamation operations according to the approved mining and reclamation
plan of the original permittee until the successor's application is granted or denied.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-5-3
Sec. 3. 
(a) A permit terminates if the permittee has not commenced the surface coal mining and reclamation operations
covered by the permit within three (3) years of the date of issuance of the permit. With respect to coal to be mined
for use in a synthetic fuel facility or a specific major electric generating facility, the permittee's surface mining
operation commences when construction of the synthetic fuel or generating facility is initiated.
(b) The director may grant a reasonable extension of time to the requirement of subsection (a) upon a showing that
an extension is necessary because of any of the following:
     (1) Litigation that:
          (A) precludes the commencement of operations; or
          (B) threatens substantial economic loss to the permittee.
     (2) Conditions:
          (A) beyond the control; and
          (B) without the fault or negligence;
     of the permittee. 
( c) If a coal lease is issued under the federal Mineral Leasing Act, as amended (30 U.S.C. 187, 193, 201, 203),
extensions of time under subsection (b) may not extend beyond the period allowed for diligent development in
accordance with the federal Mineral Leasing Act, as amended (30 U.S.C. 187, 193, 201, 203).
(As added by P.L.1-1995, SEC.27.)

IC 14-34-5-4
Sec. 4. 
(a) A permittee may, within one hundred twenty (120) days before expiration of the current permit, apply to the
director for renewal of a permit for a period not to exceed the validity period provided for in section 1 of this
chapter.
(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and IC 14-34-4-11, the director shall issue a renewal
permit for the area within the existing permit unless it is established by opponents of the permit renewal and written
findings are made by the director that any of the following conditions exist:
     (1) The terms and conditions of the existing permit were not satisfactorily met.
     (2) The present surface coal mining and reclamation operation does not comply with IC 14-34-10.
     (3) The renewal request substantially jeopardizes the operator's continuing responsibility on existing permit
     areas.
     (4) The operator has not provided evidence that the performance bond in effect for the operation will
     continue in full force and effect for a renewal requested in the application as well as an additional bond the
     director requires under IC 14-34-6.
     (5) The permittee has not provided the director with required additional revised or updated information.
( c) If an application for renewal of a valid permit includes a proposal to extend the surface coal mining and
reclamation operation beyond the boundaries authorized in the existing permit, the part of the application for renewal
that addresses new land areas is subject to the full standards applicable to new applications under this article.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-5-5
Sec. 5. 
(a) During the term of the permit, the permittee may submit an application for a revision of the permit, together with
a revised reclamation plan, to the director. However, except for incidental boundary revisions, a new permit is
required for any extensions to the permit area.
(b) The director may not approve an application for a permit revision unless the director finds the following:
     (1) Reclamation required by this article can be accomplished under the revised reclamation plan.
     (2) The permittee has complied with:
          (A) IC 13-4.1-4 (before its repeal); or
          (B) IC 14-34-4.
( c) The director shall establish guidelines for a determination of the scale or extent of a revision request for which
all permit application information requirements and procedures apply.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-5-6
(Repealed by P.L.75-1998, SEC.14.)

IC 14-34-5-7        {{ SMCRA 511(a)(2) }}
Sec. 7. 
(a) A change in mining or reclamation operations from the approved mining and reclamation plans that would
adversely affect the permittee's compliance with this article is a permit revision subject to review and approval as
provided in this section and sections 8 through 8.4 of this chapter.
(b) A permit revision is either:
     (1) a significant revision subject to sections 8 and 8.1 of this chapter;
     (2) a nonsignificant revision subject to sections 8.2 and 8.3 of this chapter; or
     (3) a minor field revision subject to section 8.4 of this chapter.
( c) Permit revisions may be approved by:
     (1) the director; or
     (2) the director's designated representative.
(d) A permit revision may not be approved unless the permittee demonstrates and the director or the director's
designated representative finds the following:
     (1) That reclamation as required by this article and by the rules adopted by the commission under IC 14-34-
     2-1 can be accomplished.
     (2) That applicable requirements of IC 14-34-4-7 that are pertinent to the permit revision are met.
     (3) That the permit revision complies with all applicable requirements of this article and the rules adopted
     by the commission under IC 14-34-2-1.
(As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.6.)

IC 14-34-5-8        {{ SMCRA 511(a)(2) }}
Sec. 8. 
(a) Unless an application for revision of a permit submitted under section 5 of this chapter is based only on
nonsignificant revisions or minor field revisions, the application may be approved only after the notice and hearing
requirements of this article for issuance of a permit have been fulfilled.
(b) The director may impose other conditions for approval of the application.
(As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.7.)

IC 14-34-5-8.1      {{ SMCRA 511(a)(2) }}
Sec. 8.1. For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is significant if any of the
following conditions exists:
(1) The changes may result in an adverse impact beyond that previously considered, affecting cultural resources that
are listed on or eligible to be listed on:
     (A) the National Register of Historic Places; or
     (B) the register of Indiana historic sites and historic structures established under IC 14-21-1.
(2) Blasting will be used in a manner that is likely to cause adverse impacts beyond that previously considered to
persons or property outside the permit area.
(3) The changes may result in an adverse impact beyond that previously considered, affecting a water supply to
which IC 14-25-4 applies.
(4) The changes:
     (A) require the identification, disturbance, or handling of toxic forming or acid forming materials different
     from those previously considered; and
     (B) have the potential for causing an additional impact not previously considered.
(5) The changes may result in an adverse impact on fish, wildlife, and related environmental values beyond that
previously considered.
(6) The addition of:
     (A) a coal processing facility; or
     (B) a permanent support facility;
is proposed, and the addition of the facility will cause an impact not previously considered, except that the addition
of a temporary coal processing facility used exclusively for crushing and screening need not be considered a
significant revision.
(7) The changes will cause:
     (A) a new or an updated probable hydrologic consequences determination; or
     (B) a cumulative hydrologic impact analysis to be required under IC 14-34-3-3.
(8) A postmining land use will be changed to any of the following:
     (A) A residential land use.
     (B) A commercial or industrial land use.
     ( C) A recreational land use.
     (D) Developed water resources as defined in rules adopted by the commission under IC 14-34-2-1 that meet
     the size criteria of 30 CFR 77.216(a).
(As added by P.L.75-1998, SEC.8. Amended by P.L.1-1999, SEC.41.)

IC 14-34-5-8.2      {{ SMCRA 511(a)(2) }}
Sec. 8.2. For purposes of sections 7, 8, and 8.3 of this chapter, a proposed permit revision is nonsignificant if any of
the following conditions exist:
(1) For surface mines, changes of the:
     (A) direction of mining; or
     (B) location of mining equipment;
within the permit area.
(2) The substitution of mining equipment designed for the same purpose, the use of which is not detrimental to the
achievement of final reclamation or subsidence control. 
(3) For underground mines, any change in the direction or location of mining within the permit area or shadow area
in response to unanticipated events.
(4) A postmining land use change other than a change described in section 8.1(8) of this chapter.
(5) Any other change in the mining or reclamation plan that the director reasonably determines:
     (A) will not have a significant effect:
          (i) on the achievement of final reclamation plans under IC 14-34-3-12;
          (ii) on subsidence control plans; and
          (iii) on the surrounding area;
     (B) does not involve significant delay in achieving final reclamation or significant change in the land use; or
     ( C) is necessitated by unanticipated and unusually adverse weather conditions, other acts of God, strikes, or
     other causes beyond the reasonable control of the permittee, if all steps specified by the director to
     maximize environmental protection are taken.
(As added by P.L.75-1998, SEC.9.)

IC 14-34-5-8.3      {{ SMCRA 511(a)(2) }}
Sec. 8.3. A nonsignificant revision in a mining or reclamation plan must be:
     (1) reviewed; and
     (2) approved in writing;
by the director before it may be implemented.
(As added by P.L.75-1998, SEC.10.)

IC 14-34-5-8.4
Sec. 8.4. 
(a) For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is a minor field revision if the
proposed change:
     (1) does not require technical review or design analysis; and
     (2) is capable of being evaluated in the field by the director's designated delegate for compliance with the
     requirements of section 7(d) of this chapter.
(b) A minor field revision may be approved by a field inspector in an inspection report or on a form signed in the
field.
( c) A minor field revision approved under this section:
     (1) must be properly documented and separately filed; and
     (2) may include the following:
          (A) Soil stockpile location and configurations.
          (B) As-built pond certifications.
          ( C) Minor transportation facilities changes.
          (D) Any of the following for a pond:
               (i) Depth.
               (ii) Shape.
               (iii) Orientation.
          (E) An area for temporary drainage control or temporary water storage.
          (F) Equipment changes.
          (G) Explosive storage areas.
          (H) Minor mine management or support facility locations (except for the disposal or storage of
          refuse).
          (I) Adding United States Natural Resources Conservation Service conservation practices.
          (J) Methods of erosion protection on diversions.
          (K) Temporary cessation of mining.
          (L) Minor diversion location changes.
(As added by P.L.75-1998, SEC.11.)

IC 14-34-5-8.5      {{ SMCRA 511(a)(2) }}
Sec. 8.5. An extension of the area covered by a permit, except for an incidental boundary revision under section 8.6
of this chapter, must be made by applying for a new permit.
(As added by P.L.75-1998, SEC.12.)

IC 14-34-5-8.6      {{ SMCRA 511(a)(2) }}
Sec. 8.6. 
(a) For the area covered by a permit to be extended under this section as an incidental boundary revision, all of the
following must apply:
     (1) The extension may not constitute a significant revision to the method of conduct of mining or
     reclamation operations contemplated by the original permit.
     (2) The extension must be required for the orderly and continuous mining and reclamation operation.
     (3) The extension must adjoin the permit or shadow area acreage.
     (4) The extended area must be mined and reclaimed in conformity with the approved permit plans.
     (5) The area of the extension may not exceed the lesser of:
          (A) ten percent (10%) of the area originally covered by the permit; or
          (B) twenty (20) acres.
(b) The aggregate of all incidental boundary revisions of a permit under this section may not exceed the area
originally covered by the permit by more than fifteen percent (15%). However, the director may waive the limitation
under this subsection if the director finds that:
     (1) all other provisions of this section are met; and
     (2) the interests of the public are not adversely affected.
( c) The aggregate of all incidental boundary revisions of a permit under this section that involve coal removal may
not exceed the area originally covered by the permit by more than ten percent (10%).
(d) To obtain an incidental boundary revision under this section, a permittee must submit to the director an
application containing the following:
     (1) A statement of the size of:
          (A) the original permit area; and
          (B) the additional area that would be added by the boundary revision.
     (2) A statement of the uses that:
          (A) were made of the land before mining; and 
          (B) will be made of the land after mining.
     (3) A showing that the requirements of subsection (a) are met.
     (4) A map showing the additional area to be added by the boundary revision.
     (5) Proof of the permittee's legal right to enter and conduct surface coal mining and reclamation operations
     on the additional area to be added by the boundary revision.
     (6) Any necessary plans that are not contained in the permit already approved.
     (7) A statement indicating whether any areas unsuitable for mining are contained in the permit already
     approved.
(e) An application for an incidental boundary revision may not be approved unless the applicant demonstrates and
the director finds the following:
     (1) That reclamation of the area as required by this article can be accomplished.
     (2) That the application complies with all requirements of this article.
(f) The director shall approve or deny an incidental boundary revision of a permit under this section within thirty
(30) days after the application for the proposed boundary revision is submitted to the director, unless the director
finds that more than thirty (30) days are needed to adequately review the application and make the findings required
by subsection (e).
(g) This section does not alter the general requirements of this article for the submission of fees and bonds.
(As added by P.L.75-1998, SEC.13.)

IC 14-34-5-9
Sec. 9. The director shall, within a time prescribed by rule, review outstanding permits. The director may require
reasonable revision or modification of the permit provisions during the term of the permit if the revision or
modification is based upon a written finding and is subject to the notice and hearing requirements established by IC
14-34-4.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-5-10       {{ No Federal Counterpart }}
Sec. 10. A permittee must submit to the department an annual report that reflects the status of the permittee's mining
and reclamation activities for each permit. The form, content, and date of filing of the report required by this section
shall be prescribed by rule adopted under IC 4-22-2.
(As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.5.)

IC 14-34-5-11
Sec. 11. The director may suspend or revoke the permit of a permittee that does not revise a permit as required by
the director before the expiration of the time fixed to effect the revision.
(As added by P.L.1-1995, SEC.27.)

                                
INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 6. Bonding

IC 14-34-6 --

IC 14-34-6-1
Sec. 1. 
(a) After a surface coal mining and reclamation permit application is approved but before the permit is issued, the
applicant must file with the director, on a form prescribed and furnished by the director, a bond for performance
payable to the state and conditional upon faithful performance of all the requirements of this article and of the
permit. The bond must cover the area of land within the permit area upon which the operator will initiate and
conduct surface coal mining and reclamation operations within the initial term of the permit.
(b) As succeeding increments of surface coal mining and reclamation operations are initiated and conducted within
the permit area, the permittee must file with the director an additional bond to cover those increments in accordance
with this chapter.
( c) If a permittee files a bond that becomes unacceptable under section 4 of this chapter, the permittee must file an
acceptable bond as required by the director.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-2
Sec. 2. 
(a) The director shall determine the amount of the bond required for each bonded area. The amount of the bond must
be sufficient to assure the completion of the reclamation plan if the work had to be performed by the director if
forfeiture occurs. However, the bond amount may not be less than ten thousand dollars ($10,000).
(b) In making a determination of bond amount, the director shall consider the following:
     (1) The reclamation requirements of the approved permit.
     (2) The probable difficulty of reclamation due to factors such as the following:
          (A) Topography.
          (B) Geology of the site.
          ( C) Hydrology.
          (D) Revegetation potential.
     (3) The history of mining and reclamation activities of the applicant.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-3
Sec. 3. Liability under the bond extends for:
(1) the duration of the surface coal mining and reclamation operation; and
(2) a period coincident with the operator's responsibility for revegetation requirements in IC 14-34-10.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-4
Sec. 4. The operator and a corporate surety:
     (1) licensed to do business in Indiana; and 
     (2) recognized by the treasurer of state as holding a certificate of authority from the United States
     Department of the Treasury as an acceptable surety on federal bonds;
shall execute the bond.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-5
Sec. 5. 
(a) Instead of a bond, an operator may elect to deposit:
     (1) cash;
     (2) negotiable bonds of the United States government or of Indiana; or
     (3) negotiable certificates of deposit or letters of credit of a bank organized or transacting business in the
     United States;
in an amount or that has a market value equal to or greater than the amount of the bond required for the bonded area
under the same terms and conditions upon which surety bonds are deposited.
(b) In the alternative, the director may accept the applicant's own bond without separate surety if the applicant
demonstrates to the satisfaction of the department under IC 14-34-7 the following:
     (1) The existence of a suitable agent to receive service of process.
     (2) A history of financial solvency and continuous operation sufficient for authorization to self insure or
     bond the amount.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-6
Sec. 6. The director shall adjust the amount of the bond or deposit required and the terms of each acceptance of the
applicant's bond periodically as:
(1) affected land acreages are increased or decreased;
(2) changes occur in the cost of future reclamation; or
(3) significant changes occur in the history of the mining and reclamation activities of the applicant.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-7
Sec. 7. After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or
deposit. As part of the bond release application, the permittee must do the following:
(1) Submit copies of letters that the permittee has sent by certified mail to:
     (A) adjoining property owners;
     (B) local government bodies;
     ( C) planning agencies;
     (D) sewage and water treatment authorities; or
     (E) water companies;
in the county in which the surface coal mining and reclamation operation is located notifying the entities of the bond
release application.
(2) Within thirty (30) days after filing the bond release application, submit a copy of an advertisement placed at least
one (1) time a week for four (4) successive weeks in a newspaper of general circulation in the county in which the
surface coal mining and reclamation operation is located. The advertisement must contain the following:
     (A) A notification of the precise location of the land affected.
     (B) The number of acres.
     ( C) The permit and the date of approval.
     (D) The amount of the bond filed and the part sought to be released.
     (E) The type and appropriate dates of reclamation work performed.
     (F) A description of the results achieved relating to the operator's approved reclamation plan.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-8
Sec. 8. If an application for total or partial bond release is filed with the director, the director shall notify
appropriate:
     (1) local governmental bodies;
     (2) planning agencies;
     (3) sewage and water treatment authorities; or
     (4) water companies;
in the county in which the surface coal mining operation is located by certified mail at least thirty (30) days before
the release of all or a part of the bond.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-9
Sec. 9. Within thirty (30) days of receipt of a bond release application, the director shall conduct an inspection and
evaluation of the reclamation work involved. The evaluation must include the following:
(1) The degree of difficulty to complete a remaining reclamation.
(2) Whether pollution of surface and subsurface water is occurring.
(3) The probability of continuance or future occurrence of the pollution.
(4) The estimated cost of abating the pollution.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-10
Sec. 10. 
(a) This section applies to the following:
     (1) A person with a legal interest that might be adversely affected by release of a bond.
     (2) The responsible officer or head of a federal, state, or local governmental agency that:
          (A) has jurisdiction by law or special expertise with respect to an environmental, a social, or an
          economic impact involved in the operation; or
          (B) may develop and enforce environmental standards with respect to those operations.
(b) A person described in subsection (a) may do the following:
     (1) File written objections to the proposed release from bond with the director.
     (2) Request a public hearing within thirty (30) days after the last publication of the permittee's notice
     required by section 7 of this chapter.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-11
Sec. 11. 
(a) If written objections are filed and a hearing requested under section 10 of this chapter, the director shall do the
following:
     (1) Inform all the interested parties of the date, time, and location of the hearing.
     (2) Advertise the information in a newspaper of general circulation in the county where the surface coal
     mining and reclamation operation proposed for bond release is located one (1) time each week for two (2)
     consecutive weeks.
(b) The director shall hold the public hearing in accordance with IC 14-34-4-5:
     (1) in the county where the surface coal mining and reclamation operation proposed for bond release is
     located; or
     (2) at the state capital;
at the option of the objector, within thirty (30) days of the request for the hearing.
( c) At a hearing held under this section, the director may inspect the land affected and other surface coal mining
operations carried on by the applicant in the vicinity.
(d) The director shall notify the permittee in writing of the decision and findings of the hearing within thirty (30)
days of the completion of the hearing.
(e) The director's decision is subject to IC 4-21.5.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-12
Sec. 12. Without prejudice to the rights of the objectors under section 10 of this chapter or the applicant, the director
may provide for an informal conference to resolve the written objections.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-13
Sec. 13. The director may release the bond, deposit, or letter of credit in whole or in part if the director is satisfied
that the reclamation covered by the bond or deposit or part of the bond or deposit has been accomplished as required
by this article according to the following schedule:
(1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance
with the approved reclamation plan, the release of sixty percent (60%) of the bond or collateral for the applicable
permit area.
(2) After revegetation is established on the regraded mined land in accordance with the approved reclamation plan.
When determining the amount of bond to be released after successful revegetation has been established, the director
shall retain the amount of bond for the revegetated area that would be sufficient for a third party to cover the cost of
establishing revegetation and for the period specified for operator responsibility in IC 14-34-10 of establishing
revegetation. The director may not release a part of the bond or deposit under this subdivision:
     (A) if the land to which the release would be applicable is contributing suspended solids to stream flow or
     runoff outside the permit area in excess of the requirements set forth in IC 14-34-10-2(b)(13); or
     (B) until soil productivity for prime farmland has returned to equivalent levels of yield as nonmined land of
     the same soil type in the surrounding area under equivalent management practices as determined from the
     soil survey performed under IC 14-34-3-3(16).
If a silt dam is to be retained as a permanent impoundment under IC 14-34-10-2(b)(11), the appropriate part of the
bond may be released under this subdivision if provisions for sound future maintenance by the operator or the
landowner are made with the director.
(3) When the operator has successfully completed all surface coal mining and reclamation activities, the release of
the remaining part of the bond, but not before the expiration of the period specified for operator responsibility in IC
14-34-10. However, the director may not fully release a bond or deposit until all reclamation requirements of this
article are fully met.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-14
Sec. 14. 
(a) If a public hearing requested under section 10 of this chapter is not held, the director shall notify the permittee in
writing of the decision on the application or bond release within sixty (60) days of the filing of the application.
(b) If the director disapproves the application for release of the bond or part of the bond, the director shall notify the
permittee, in writing, stating the following:
     (1) The reasons for disapproval.
     (2) A recommendation as to the corrective actions necessary to secure the release.
     (3) Allowing an opportunity for a public hearing in accordance with IC 4-21.5-3.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-6-14.3          {{ 30 CFR 800.15( c) }}
Sec. 14.3. The director may release the bond, deposit, or letter of credit covering an area that has not been disturbed
by surface coal mining activities. A release under this subsection is not subject to the public notice and hearing
requirements set forth in sections 7 through 14 of this chapter.
(As added by P.L.176-1995, SEC.6.)

IC 14-34-6-14.6          {{ 30 CFR Part 800 [Related Part]; 30 CFR 774.17 [Related Section]  }}
Sec. 14.6. 
(a) This section applies when an applicant or permittee submits a bond, deposit, or letter of credit covering an area
that:
     (1) has been disturbed by surface coal mining activities; and
     (2) is covered by another bond, deposit, or letter of credit previously submitted by another permittee.
(b) Except as provided in subsection ( c), in a situation described in subsection (a):
     (1) the bond, deposit, or letter of credit previously submitted shall be released when the director accepts the
     bond, deposit, or letter of credit submitted by the applicant or permittee; and
     (2) the bond, deposit, or letter of credit submitted by the applicant or permittee:
          (A) is subject to the standards set forth in sections 7 through 14 of this chapter; and
          (B) may not be released under section 14.3 of this chapter.
( c) If two (2) or more persons who are applicants or permittees each file a bond, deposit, or letter of credit covering
the same area, the persons may enter into a written agreement that allocates responsibility among the persons for the
reclamation of the area. If the agreement is approved by the director, the agreement governs the respective
responsibilities of the persons for the reclamation of the area.
(As added by P.L.176-1995, SEC.7.)

IC 14-34-6-15       {{ SMCRA Sec. 518(i); 30 CFR 845.21 }}
Sec. 15. 
(a) As used in this section, "fund" refers to the post-1977 abandoned mine reclamation fund established by this
section.
(b) The post-1977 abandoned mine reclamation fund is established. The fund consists of bond forfeiture money
collected under section 16 of this chapter and the civil penalties described in IC 14-34-16-9. The fund may be used
as follows:
     (1) To effect the restoration of land not otherwise eligible for federal funding on which there has been
     surface mining activity after August 3, 1977.
     (2) To replace domestic water supplies disrupted or affected by a surface coal mining and reclamation
     operation, including the disposal of coal combustion waste (as defined in IC 13-19-3-3), where the surface
     coal mining and reclamation operation has been completed and is no longer subject to IC 14-34.
The money held for this purpose may not exceed an amount established by the department that is sufficient to enable
the director to cover the anticipated cost of restoration.
( c) At least five hundred thousand dollars ($500,000) in the fund is dedicated as collateral for the bond pool under
IC 14-34-8 and may not be used for the restoration of land or replacement of water described in subsection (b).
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund
in the same manner as other public money may be invested. Interest that accrues from these investments shall be
deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(As added by P.L.1-1995, SEC.27. Amended by P.L.63-1999, SEC.1.)

IC 14-34-6-16
Sec. 16. 
(a) The director may order the forfeiture of all or part of a bond for a permit area or an increment of a permit area,
regardless of whether the entire area has been disturbed by surface mining activities, if:
     (1) the permittee does not conduct reclamation operations in accordance with the applicable reclamation
     plan; or
     (2) the permittee does not fulfill at least one (1) of the conditions under which the bond was posted.
(b) An order issued under subsection (a) or under IC 13-4.1-6-9(a) (before its repeal) is subject to IC 4-21.5-3-6 and
becomes an effective and final order of the director without a proceeding if a request for review of the order is not
filed with the director within fifteen (15) days after the order is served upon:
     (1) the permittee; and
     (2) the person that executed the permittee's bond or other performance guarantee if the permittee filed a
     bond or other performance guarantee under this chapter.
( c) If the forfeited bond is insufficient to pay the entire cost of reclamation, the permittee shall pay the
uncompensated balance necessary for complete reclamation as determined by the director.
(d) If the amount of the forfeited bond exceeds the amount necessary for complete restoration, the excess amount
shall be returned by the director to the person from whom the amount was received.
(e) A person who has forfeited a bond may not be given a permit until:
     (1) the land subject to the forfeiture has been reclaimed without cost to the state; or
     (2) the department has received an amount of money equal to the amount determined by the director to be
     necessary to reclaim the land.
(f) Money collected under this section is appropriated and allotted to the department, at the time of deposit, for
restoration of the site from which the bond was forfeited.
(As added by P.L.1-1995, SEC.27.)

                                


INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 7. Self-Bonding

IC 14-34-7 

IC 14-34-7-0.5      {{ 30 CFR 800.5(b)(5) & (6); 30 CFR 800.21 and 800.23 }}
Sec. 0.5. As used in this chapter, "collateral" means the actual or constructive deposit, as appropriate, with the
director of one (1) or more of the following types of property in support of a self-bond:
(1) A perfected, first-lien security interest in favor of the department of natural resources in real property located in
Indiana that meets the requirements of this chapter.
(2) Securities backed by the full faith and credit of the United States government, or state government securities, that
are:
     (A) acceptable to;
     (B) endorsed to the order of; and
     ( C) placed in the possession of;
the director.
(3) Personal property that is located in Indiana and owned by the applicant, the market value of which is more than
one million dollars ($1,000,000) per property unit.
(As added by P.L.176-1995, SEC.8.)

IC 14-34-7-0.6      {{ No Federal Counterpart }}
Sec. 0.6. As used in this chapter, "comparative balance sheet" means item accounts from a number of the operator's
successive yearly balance sheets arranged side by side in a single statement.
(As added by P.L.176-1995, SEC.9.)

IC 14-34-7-0.7      {{ No Federal Counterpart }}
Sec. 0.7. As used in this chapter, "comparative income statement" means an operator's income statement amounts for
a number of successive yearly periods arranged side by side in a single statement.
(As added by P.L.176-1995, SEC.10.)

IC 14-34-7-1        {{ 3 CFR 800.23(a) }}
Sec. 1. As used in this chapter, "liabilities" means obligations to transfer assets or provide services to other entities in
the future as a result of past transactions. The term does not include amounts that are required to be recorded for
financial accounting purposes under Statement of Financial Accounting Standards number 106 issued by the
Financial Accounting Standards Board and effective December 1990.
(As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.11.)

IC 14-34-7-2
Sec. 2. As used in this chapter, "net worth":
(1) means:
     (A) total assets; minus
     (B) total liabilities; and
(2) is equivalent to owners' equity.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-7-2.5           {{ 30 CFR 705.5 }}
Sec. 2.5. As used in this chapter, "Surface Mining Control and Reclamation Act" means the federal Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
(As added by P.L.176-1995, SEC.12.)

IC 14-34-7-3
Sec. 3. As used in this chapter, "tangible net worth" means:
(1) net worth; minus
(2) intangibles such as goodwill and rights to patents or royalties.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-7-4        {{ 30 CFR 800.23 }}
Sec. 4. 
(a) As used in this section, "current assets" means cash or other assets or resources that are reasonably expected to be
converted to cash or sold or consumed within:
     (1) one (1) year; or
     (2) the normal operating cycle of the business.
(b) As used in this section, "current liabilities" means:
     (1) obligations that are reasonably expected to be paid or liquidated within one (1) year or within the normal
     operating cycle of the business; plus
     (2) dividends payable on preferred stock within:
          (A) one (1) quarter, if declared; or
          (B) one (1) year, if a pattern of declaring dividends each quarter is apparent from past business
          practice.
( c) As used in this section, "fixed assets" means plants and equipment. The term does not include land or coal in
place.
(d) Subject to subsection (f), the director may accept a self-bond from an applicant for a permit if all of the following
conditions are met by the applicant or the applicant's corporate guarantor at the time the self-bond is accepted:
     (1) The applicant designates a suitable agent to receive service of process in Indiana.
     (2) The applicant has been in continuous operation as a business entity for at least five (5) years
     immediately preceding the time of application.
          (A) The director may allow a joint venture or syndicate with less than five (5) years of continuous
          operation to qualify under this requirement if each member of the joint venture or syndicate has
          been in continuous operation for at least five (5) years immediately preceding the time of
          application.
          (B) When calculating the period of continuous operation, the director may exclude periods of
          interruption to the operation of the business entity that:
               (i) were beyond the applicant's control; and
               (ii) do not affect the applicant's likelihood of remaining in business during the proposed
               surface coal mining and reclamation operations.
     (3) The applicant is not subject to any outstanding cessation order issued under IC 13-4.1-11-5 (before its
     repeal), IC 14-34-15-6, or the Surface Mining Control and Reclamation Act. 
     (4) The applicant does not owe any civil penalties under IC 13-4.1-12 (before its repeal), IC 14-34-16, or
     the Surface Mining Control and Reclamation Act.
     (5) The applicant does not owe any fees under this article, IC 13-4.1 (before its repeal), or the Surface
     Mining Control and Reclamation Act, and is not delinquent in the payment of any fees or civil penalties.
     (6) The applicant's permit has never been suspended under this article or IC 13-4.1 (before its repeal), and
     the applicant is not listed on the Applicant Violator System (AVS).
     (7) The applicant submits financial information in sufficient detail to demonstrate that the applicant satisfies
     at least one (1) of the following criteria:
          (A) The applicant has a current rating for the applicant's most recent bond issuance of "A" or
          higher as issued by:
               (i) Moody's Investor Service; or
               (ii) Standard and Poor's Corporation.
          The applicant must identify the rating service used by the applicant and provide any additional
          relevant information concerning how the service arrived at the specific ratings.
          (B) The applicant has the following:
               (i) A tangible net worth of at least ten million dollars ($10,000,000).
               (ii) A ratio of total liabilities to net worth of not more than 2.5:1.
               (iii) A ratio of current assets to current liabilities of at least 1.2:1.
          The ratio requirements set forth in this clause must be met for the year immediately preceding the
          application, and must be documented for the four (4) years preceding the application. An
          explanation shall be included for any year in which the ratios of the applicant did not meet the
          requirements set forth in this clause. The failure of an applicant to meet the ratio requirements set
          forth in this clause for any of the four (4) years preceding the application does not necessarily
          disqualify an applicant for self-bonding under this chapter.
          ( C) The applicant has the following:
               (i) Fixed assets in the United States that total at least twenty million dollars
               ($20,000,000).
               (ii) A ratio of total liabilities to net worth of not more than 2.5:1.
               (iii) A ratio of current assets to current liabilities of at least 1.2:1.
          The ratio requirements set forth in this clause must be met for the applicant's fiscal year
          immediately preceding the application, and must be documented for the four (4) years preceding
          the application. An explanation shall be included for any year in which the ratios of the applicant
          did not meet the requirements set forth in this clause. The failure of an applicant to meet the ratio
          requirements set forth in this clause for any of the four (4) years preceding the application does not
          necessarily disqualify an applicant for self-bonding under this chapter.
     (8) The applicant submits the following:
          (A) Financial statements for the most recently completed fiscal year accompanied by a report
          prepared by an independent certified public accountant:
               (i) in conformity with generally accepted accounting principles; and
               (ii) containing the accountant's audit opinion or review opinion of the financial statements
               with no adverse opinion.
          (B) Unaudited financial statements for completed quarters in the current fiscal year.
          ( C) Comparative financial data from a five (5) year period, that must include a comparative
          income statement and a comparative balance sheet.
          (D) A statement listing:
               (i) every lien filed against any assets of the applicant in any jurisdiction in the United
               States for an amount that is more than two percent (2%) of the applicant's net worth;
               (ii) every action pending against the applicant;
               (iii) every judgment rendered against the applicant within the seven (7) years preceding
               the application that remains unsatisfied and for an amount that is more than two percent
               (2%) of the applicant's net worth; and
               (iv) any petitions or actions in bankruptcy against the applicant, including actions for
               reorganization.
          (E) Additional unaudited information requested by the director.
(e) If an applicant submits financial information to demonstrate that the applicant satisfies the criteria set forth in
subsection (d)(7)(B) or (d)(7)(C), the two (2) ratios set forth in subsection (d)(7)(B) or (d)(7)(C) shall be calculated
with the proposed self-bond amount included in the current liabilities or total liabilities for the year of the
application. The operator may deduct from the total liabilities the costs currently accrued for reclamation that appear
on the balance sheet current in the year of the application.
(f) Notwithstanding subsection (d)(7), the director may not accept a self-bond from an applicant unless the financial
ratios of the applicant are at least as favorable as those listed for the medium performers in the Dun and Bradstreet
listing of Industry Norms and Key Business Ratios.
(g) Each lien, action, and petition listed under subsection (d)(8)(E) must be identified by the named parties, the
jurisdiction in which the matter was filed, the case number, and the final disposition or the current status of any
action still pending.
(As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.13.)

IC 14-34-7-4.1      {{ 30 CFR 800.23 }}
Sec. 4.1. 
(a) Before January 1, 1996, all self-bonds in effect on July 1, 1995, must be replaced in one (1) of the following
ways:
     (1) The self-bond may be replaced by another form of bond allowed under IC 13-4.1-6.
     (2) The self-bonded permittee may reapply for self-bonding under this chapter.
(b) If the application of a permittee submitted under subsection (a)(2) is not accepted, the permittee must replace its
self-bond with another form of bond allowed under IC 14-34-6.
(As added by P.L.176-1995, SEC.14.)

IC 14-34-7-5        {{ 30 CFR 800.23 }}
Sec. 5.
(a) A written guarantee accepted under this section is referred to as a "corporate guarantee".
(b) The director may accept a corporate guarantee for an applicant's self-bond from a corporate guarantor if, at the
time the self-bond is accepted, the following conditions are met:
     (1) The guarantee is in writing.
     (2) The applicant satisfies the requirements of section 4(d)(1), 4(d)(2), and 4(d)(8) of this chapter.
     (3) The guarantor meets the conditions imposed upon an applicant under section 4 of this chapter.
( c) The terms of a corporate guarantee must provide for the following:
     (1) If the applicant fails to complete the reclamation plan, the guarantor shall complete the reclamation plan
     or the guarantor is liable under the indemnity agreement to provide money to the department sufficient to
     complete the reclamation plan, but not to exceed the bond amount.
     (2) The corporate guarantee remains in force unless:
          (A) the guarantor sends notice of cancellation by certified mail to:
               (i) the applicant; and
               (ii) the director;
          at least ninety (90) days before the cancellation date; and
          (B) the director accepts the cancellation.
     (3) A notice of cancellation of a corporate guarantee may be accepted by the director if:
          (A) the applicant obtains a suitable replacement bond allowed under IC 13-4.1-6 (before its repeal)
          or IC 14-34-6 before the cancellation date; or
          (B) the land or parts of the land for which the self-bond was accepted have not been disturbed.
(As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.15.)

IC 14-34-7-6
Sec. 6. 
(a) For the director to accept an applicant's self-bond, the total amount of the outstanding and proposed self-bonds of
the applicant for surface coal mining and reclamation operations in the United States may not exceed twenty-five
percent (25%) of the applicant's tangible net worth in the United States.
(b) For the director to accept a corporate guarantee, the total amount of the corporate guarantor's present and
proposed self-bonds and guaranteed self-bonds for surface coal mining and reclamation operations in the United
States may not exceed twenty-five percent (25%) of the guarantor's tangible net worth in the United States.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-7-7        {{ 30 CFR 800.23; 30 CFR 800.50 }}
Sec. 7. If the director accepts an applicant's self-bond, an indemnity agreement shall be submitted to the director. The
indemnity agreement must meet the following requirements:
(1) The indemnity agreement must provide in express terms that the persons or parties bound by the agreement are
liable to the director for all costs incurred by the director:
     (A) in pursuing forfeiture of any self-bonds posted by the permittee for whom the indemnity agreement was
     submitted; and
     (B) in reclaiming those areas at which the permittee for whom the indemnity agreement was submitted
     retains excess monetary liability to the director under IC 14-34-6-16(c).
(2) The indemnity agreement must:
     (A) be executed by all persons and parties who are to be bound by the agreement, including the corporate
     guarantor; and
     (B) bind each party jointly and severally.
(3) A corporation applying for a self-bond and a corporate guarantor guaranteeing a self-bond must submit an
indemnity agreement signed by two (2) corporate officers who are authorized to bind the corporation. The director
must be given a copy of the authorization and an affidavit certifying that the indemnity agreement is valid under all
applicable state and federal laws. A corporate guarantor must give the director a copy of the corporate authorization
demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement.
(4) If the applicant is a partnership, joint venture, or syndicate, the agreement must bind each partner or party who
has a beneficial interest, directly or indirectly, in the applicant.
(5) The applicant or corporate guarantor must complete the approved reclamation plan for the land as to which a
bond has been forfeited for failure to reclaim or pay to the director an amount necessary to complete the approved
reclamation plan, not to exceed the bond amount.
(6) All bonds and guarantees must be indemnified corporately and personally by all principals.
(As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.16.)

IC 14-34-7-7.1      {{ 30 CFR 800.21; 30 CFR 800.23 [Related Section] }}
Sec. 7.1. 
(a) If an application for self-bonding is rejected based on the information required by section 4 of this chapter or
limitations set forth in section 4 of this chapter, the applicant may offer collateral (as defined in section 0.5 of this
chapter) and an indemnity agreement to support the applicant's self-bond application. An indemnity agreement
offered under this subsection is subject to the requirements of section 7 of this chapter. 
(b) The following information must be provided about collateral offered under subsection (a) to support a self-bond:
     (1) The value of the property. The property must be valued at the difference between the fair market value
     of the property and reasonable expenses the department anticipates incurring in selling the property. The
     fair market value must be determined by an appraiser proposed by the applicant. The director may reject an
     appraiser proposed by the applicant. An appraisal of property must be performed expeditiously and a copy
     of the appraisal must be furnished to the director and the applicant. The applicant must pay the cost of the
     appraisal.
     (2) A description of the property, indicating that the property is satisfactory for deposit under this section,
     and a statement of:
          (A) all liens, encumbrances, or adverse judgments imposed on the property; and
          (B) any pending litigation relating to the property.
( c) The director has full discretion in accepting collateral offered under subsection (a) to support a self-bond.
(d) Real property offered as collateral under subsection (a) may not include lands that are in the process of being
mined or reclaimed or lands that are the subject of an application under this chapter. The operator may offer land that
was formerly subject to a bond if the bond has been released.
(e) Securities offered as collateral under subsection (a) may include only securities that meet the definition of
collateral set forth in section 0.5 of this chapter.
(f) Personal property offered as collateral under subsection (a) must be in the possession of the operator, must be
unencumbered, and may not include the following:
     (1) Property that is already being used as collateral.
     (2) Goods that the operator sells in the ordinary course of business.
     (3) Fixtures.
     (4) Certificates of deposit that are not federally insured or that are issued by a depository that is
     unacceptable to the director.
(g) Evidence of ownership of property offered as collateral under subsection (a) must be submitted in one (1) of the
following forms:
     (1) If the property offered is real property, the interest of the applicant must be evidenced by a title
     certificate or similar evidence of title and encumbrance prepared by an abstract office that is:
          (A) authorized to transact business in Indiana; and
          (B) satisfactory to the director.
     (2) If the property offered is a security, the operator's interest must be evidenced by possession of the
     original or a notarized copy of the certificate or a certified statement of account from a brokerage house.
     (3) If the property offered is personal property, evidence of ownership must be submitted in a form that:
          (A) is satisfactory to the director; and
          (B) affirmatively establishes unencumbered title to the property of the operator.
(h) An applicant that offers personal property as collateral under subsection (a), in addition to submitting the
evidence required by subsection (g), must satisfy the financial requirements set forth in section 4(d)(7)(B) and
4(d)(7)(C) of this chapter.
(i) If the director accepts personal property from an applicant as collateral under subsection (a), the director shall
require the following:
     (1) Quarterly and annual maintenance reports prepared by the applicant.
     (2) A perfected, first lien security interest in the property in favor of the department of natural resources.
     The security interest must be perfected through:
          (A) the filing of a financing statement; or
          (B) surrender of possession of the collateral to the department under subsection (k).
(j) If the director accepts personal property from an applicant as collateral under subsection (a), the director may
require quarterly or annual inspections of the personal property by a qualified representative of the department.
(k) If the director accepts personal property from an applicant as collateral under subsection (a), the director shall, as
applicable, require:
     (1) possession by the department of the personal property; or
     (2) a mortgage or security agreement executed by the applicant in favor of the department.
(l) The property interest conveyed under subsection (k) vests in the department to secure the right and power to sell
or otherwise dispose of the property by public or private proceedings so as to ensure reclamation of the affected
lands in accordance with the reclamation plan.
(m) A mortgage executed under subsection (k)(2) must be executed and recorded so as to be first in time and
constitute notice of the interest of the department in the property to any prospective subsequent purchaser of the
property.
(n) Any income received from the collateral during the period when the collateral is in the possession of the
department shall be remitted to the applicant.
(o) If collateral is left in the possession of the applicant, the security agreement executed under subsection (k)(2)
must require that, upon default, the applicant shall assemble the collateral and make it available to the department at
a place designated by the department that is reasonably convenient to both parties. All costs of transporting and
assembling the collateral shall be borne by the applicant.
(p) With the consent of the director, an applicant may substitute other property for any property accepted and held as
collateral under this section. Property may be substituted under this subsection only if:
     (1) all the information required concerning property originally submitted as collateral is provided
     concerning the proposed substitute collateral; and
     (2) all requirements of this section are met with respect to the proposed substitute collateral so that all
     obligations relating to mining operations are secured under all periods of time.
(q) If collateral is posted under subsection (a) to support a self-bond, the applicant shall:
     (1) notify all persons that have an interest in the collateral of the posting of the collateral and of all other
     actions affecting the collateral; and
     (2) provide copies of the notices provided under subdivision (1) to the director.
(As added by P.L.176-1995, SEC.17.)

IC 14-34-7-8        {{ 30 CFR 800.23 }}
Sec. 8. The director shall require self-bonded applicants and corporate guarantors to submit:
(1) an update of the information required under section 4(d)(7), 4(d)(8), and 4(f) of this chapter within ninety (90)
days after the close of each fiscal year; and
(2) information required under section 4(d)(8)(B) of this chapter on a quarterly basis not later than sixty (60) days
after the end of each quarter;
following the issuance of the self-bond or corporate guarantee.
(As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.18.)

IC 14-34-7-9
Sec. 9. 
(a) If at any time during the period when a self-bond is posted, the financial conditions of the applicant or the
corporate guarantor change so that the criteria of sections 4(d)(7), 4(f), and 6 of this chapter are no longer satisfied,
the permittee shall do the following:
     (1) Notify the director immediately.
     (2) Within ninety (90) days of the change in financial condition post an alternate form of bond in the same
     amount as the self-bond.
(b) If the applicant does not post an alternate form of bond within ninety (90) days of the change in financial
condition, the applicant must cease coal extraction and immediately begin reclamation.
(As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.19.)

IC 14-34-7-10       {{ No Federal Counterpart; 30 CFR 800.23 [Related Section] }}
Sec. 10. 
(a) An applicant shall submit, in addition to the financial information required under section 4 of this chapter, a
report prepared by a qualified independent public accounting consultant selected from a list of public accounting
consultants approved by the director. The director shall consider the information in the report when deciding whether
to accept the self-bond of an applicant.
(b) The director may also require reports described in subsection (a) after the director accepts the applicant's self-
bond, but not more than one (1) time every three (3) years while the self-bond is posted, except as provided in
subsection (d).
( c) A consultant who prepares a report under this section must:
     (1) verify that the financial information required under section 4 of this chapter was prepared in accordance
     with generally accepted accounting principles;
     (2) verify that the accounting principles referred to in subdivision (1) were applied consistently for each
     year of the period for which the information is submitted;
     (3) state the amount of, and reason for, any restatement of the financial information referred to in
     subdivision (1) that is necessary to meet the requirements of subdivision (2); and
     (4) state whether any information reviewed during the preparation of the report would lead the consultant to
     conclude that the applicant would not meet the requirements of section 4 of this chapter at the end of each
     of the three (3) fiscal years ending after the calendar month in which the report is completed.
(d) If the consultant who prepares a report under this section is unable to provide the information required by
subsection (c)(4), the applicant for whom the report is prepared shall submit an updated report annually.
(e) An applicant shall submit a report required under this section not later than ninety (90) days after the director
notifies the applicant or permittee that the report is required.
(f) If an applicant fails to submit a report required under subsection (a), the director shall refuse to accept the self-
bond of the applicant until the applicant files the report.
(g) If a permittee who has posted a self-bond under this chapter fails to submit a report required under subsection (b),
the director may require the permittee to post an alternate form of bond not later than ninety (90) days after the
deadline for the submission of the report.
(As added by P.L.176-1995, SEC.20.)

IC 14-34-7-11       {{ 30 CFR 800.23 [Related Section] }}
Sec. 11. 
(a) The director may not accept an applicant's self-bond under this chapter in an increment unless, when the self-
bond is initially approved under this chapter, the total area of the increment is one hundred percent (100%) self-
bonded.
(b) When a self-bond is initially accepted from a permit applicant under this chapter, the self-bond may cover areas
subject to the permit on which, as of July 1, 1995, grading has been deferred.
( c) After a self-bond is accepted under this chapter:
     (1) coverage under the self-bond continues on any area subject to a grading deferral that is in existence on
     July 1, 1995, if the grading deferral is subsequently extended beyond its original term; but
     (2) an area subject to the permit as to which a grading deferral is granted after July 1, 1995, may not be
     covered by self-bonding.
(d) An area described in subsection (c)(2):
     (1) must be covered by another form of bond allowed under IC 14-34-6; and
     (2) may not be covered by the surface coal mine reclamation bond pool established by IC 14-34-8.
(As added by P.L.176-1995, SEC.21.)

IC 14-34-7-12       {{ 30 CFR 800.23 [Related Section] }}
Sec. 12. 
(a) If a permittee who posted a self-bond under this chapter does not file an application for a Phase I grading release
with the department before the second November 1 after the year in which the coal was removed from the site
covered by the self-bond, the permittee shall replace the self-bond with an alternate form of bond within ninety (90)
days of the November 1 deadline established under this subsection.
(b) If:
     (1) a permittee who posted a self-bond under this chapter files an application for a Phase I grading release
     with the department before the second November 1 after the year in which the coal was removed from the
     site covered by the self-bond; but
     (2) the application is rejected by the department;
the permittee shall replace the self-bond with an alternate form of bond not later than ninety (90) days after the denial
of the application for a Phase I grading release becomes a final order of the department.
( c) All acreage and structures that are within a permitted area and are used to facilitate active mining and
reclamation operations are exempt from subsection (b). Areas described in this subsection include, but are not
limited to, the following:
     (1) Processing sites.
     (2) Tipples.
     (3) Railroad sidings.
     (4) Buildings.
     (5) Haul roads.
     (6) Topsoil stockpiles.
     (7) Sediment ponds.
(d) For the purposes of subsection ( c), the director shall determine what areas are used to facilitate active mining
and reclamation operations.
(e) A permittee shall submit annual reports to the department in a form that the director considers necessary to
facilitate the effective monitoring of acres under self-bonding that have been affected and reclaimed.
(f) An area that:
     (1) is not subject to the time limitations set forth in subsection (b); and
     (2) has been used for the disposal of:
          (A) coal combustion fly or bottom ash;
          (B) flue gas desulfurization byproducts generated by coal combustion units; or
          ( C) coal processing wastes;
     is no longer eligible for self-bonding ten (10) years after the disturbance of the area or the self-bonding of
     the area, whichever is later. An alternative form of bond must be posted for the area under IC 14-34-6 not
     later than ninety (90) days after the area becomes ineligible for self-bonding under this subsection.
(g) Whenever an area is determined to be no longer eligible for self-bonding, and an alternative form of bond is
posted under IC 14-34-6, the area:
     (1) is never again eligible for self-bonding; and
     (2) may not be bonded by the surface coal mine reclamation bond pool established under IC 14-34-8-3.
(As added by P.L.176-1995, SEC.22. Amended by P.L.2-1997, SEC.55.)

IC 14-34-7-13       {{ No Federal Counterpart }}
Sec. 13. For purposes of IC 1-1-1-8, if the amendments to IC 14-34-7-1, as amended by SEA 125-1995, are held
invalid or otherwise unenforceable, the other amendments to IC 14-34-7 made by SEA 125-1995 are also void.
(As added by P.L.176-1995, SEC.23.)

                                

INDIANA CODE
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 34. SURFACE COAL MINING AND RECLAMATION
Chapter 8. Bond Pool

IC 14-34-8

IC 14-34-8-1
Sec. 1. As used in this chapter, "bond pool" refers to the surface coal mine reclamation bond pool established by this
chapter.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-8-2
Sec. 2. As used in this chapter, "committee" refers to the surface coal mine reclamation bond pool committee
established by this chapter.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-8-3
Sec. 3. The surface coal mine reclamation bond pool is established to be used for surface coal mine reclamation
under this chapter. The department shall administer the bond pool.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-8-4
Sec. 4. 
(a) As used in this section, "mining" includes contract mining.
(b) As used in this section, "operator" includes a predecessor in interest, subsidiaries, and affiliates as approved by
the director.
( c) Participation in the bond pool is open to each operator applying for a permit under this article who, after May 3,
1978, has a five (5) year history of mining within Indiana and who meets the following conditions:
     (1) Is not subject to an outstanding cessation order issued under:
          (A) IC 13-4.1-11-5 (before its repeal); or
          (B) IC 14-34-15-6.
     (2) Does not owe a civil penalty under:
          (A) IC 13-4.1-12 (before its repeal);
          (B) IC 14-34-16; or
          ( C) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through
          1328).
     (3) Does not:
          (A) owe a fee:
               (i) under IC 13-4.1 (before its repeal);
               (ii) under this article; or
               (iii) collected under the federal Surface Mining Control and Reclamation Act of 1977 (30
               U.S.C. 1201 through 1328); or
          (B) have a history of delinquency in the payment of fees or civil penalties.
     (4) Has never been suspended under:
          (A) IC 13-4.1-6.5-6 (before its repeal); or
          (B) section 6 of this chapter.
(d) Participation in the bond pool is:
     (1) optional for each permit application;
     (2) subject to approval by the director; and
     (3) not effective until the entrance fee has been paid in full. 
(e) The director may, based on all available information, disapprove an application that may create an unreasonable
risk to the bond pool.
(f) This chapter does not preclude compliance with IC 14-34-6 instead of participation in the bond pool before
commencement of participation in the bond pool.
(g) Commencement of participation in the bond pool for the applicable permit constitutes an irrevocable
commitment to participate in the bond pool for the applicable permit for the duration of the surface coal mining
operations covered under the permit.
(h) An operator may apply for participation in the bond pool on a bond increment area under an existing permit.
Commencement of participation in the bond pool for the bond increment area, within an existing permit, constitutes
an irrevocable commitment to participate in the bond pool for the duration of that surface coal mining permit.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-8-5
Sec. 5. 
(a) An application for participation in the bond pool must be accompanied by an entrance fee of one thousand dollars
($1,000). The fees collected under this section shall be deposited in the post-1977 abandoned mine reclamation fund
under IC 14-34-6-15 and dedicated as collateral for the bond pool. The entrance fee is not required on subsequent
permits or bond increments after an operator has been accepted for participation in the bond pool.
(b) In addition to the initial payments to the bond pool under subsection (a), an operator electing to participate in the
bond pool must furnish a bond in an amount adequate to ensure phase I reclamation, except as provided in
subsection (c).
( c) The director may accept:
     (1) the bond of an operator without separate surety under the self-bonding provisions of IC 14-34-7; or
     (2) deposits in lieu of bond under IC 14-34-6-5.
(d) Subject to subsection (e), fees and payments under this chapter are:
     (1) not refundable; and
     (2) in addition to all other fees required under this article.
(e) The entrance fee required under subsection (a) is refundable if the application is rejected.
(f) Bond pool participants may post incremental bonds under IC 14-34-6-1. The bonds may be posted in increments
according to a schedule contained in the approved permit application.
(As added by P.L.1-1995, SEC.27.)

IC 14-34-8-6
Sec. 6. 
(a) Subject to subsection (b), an operator is suspended from the bond pool if the operator:
     (1) fails to pay a fee or civil penalty under:
          (A) IC 13-4.1 (before its repeal);
          (B) this article; or
          ( C) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through
          1328); or 
     (2) receives a cessation order that is not abated.
(b) An operator is not suspended from the bond pool if the director makes a written determination that mitigating
circumstances are present that would not create an unreasonable risk to the bond pool if the operator's participation
continues.
( c) An operator who is suspended from the bond pool shall cease all surface coal mining operations until the
operator furnishes a new performance bond under IC 14-34-6-1 in an amount calculated under IC 14-34-6-2 for all
disturbed areas and proposed additional mining areas under the permit. When the new performance bond has been
executed, the bond pool has no additional liability for reclamation on any part of the area covered by the applicable
permit.