CHAPTER 1. SURFACE MINING RECLAMATION
IC 14-36
ARTICLE 36. RECLAMATION
IC 14-36-1
Chapter 1. Surface Mining Reclamation
IC 14-36-1-1
Purpose of reclamation
Sec. 1. This chapter provides for the proper reclamation of areas
of land subjected to surface mining of minerals in accordance with
modern standards to do the following:
(1) Provide improved land use practice of these areas.
(2) Prevent or minimize injurious effects to the people and the
natural resources of Indiana, including the need to do the
following:
(A) Protect lakes and streams from pollution.
(B) Decrease soil erosion.
(C) Decrease the hazards of fire.
(D) Improve the aesthetic value of the landscape.
(E) Enhance the development of wildlife resources.
(F) Increase the economic contributions of the affected areas
to the welfare of the people of Indiana.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-2
Exemptions
Sec. 2. Notwithstanding any other provision of this chapter,
except section 3 of this chapter, this chapter does not apply to coal
mining operations if IC 14-34 is applicable to those operations under
IC 14-34-1-4(a) or IC 14-34-1-4(b).
As added by P.L.1-1995, SEC.29.
IC 14-36-1-3
Operations subject to certain statutes
Sec. 3. All surface mining operations that operate or have
operated under a permit issued under this chapter subject to:
(1) Acts 1978, P.L.159;
(2) Acts 1979, P.L.314;
(3) Acts 1980, P.L.101, SECTION 5; or
(4) Acts 1981, P.L.331;
are subject to IC 14-34-15, IC 14-34-16, IC 14-34-17, 30 U.S.C.
1252, 30 U.S.C. 1260(d), 30 U.S.C. 1272(e), and 30 CFR 710
through 716.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-4
"Affected area" defined
Sec. 4. As used in this chapter, "affected area" means the area of
land:
(1) from which overburden has been removed;
(2) upon which cast overburden, mining refuse, or a mineral has
been deposited; and
(3) that is disturbed incidental to an operation.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-5
"Cast overburden" defined
Sec. 5. As used in this chapter, "cast overburden" means a bank
or deposit of overburden after removal from the overburden's natural
state.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-6
"Mineral" defined
Sec. 6. As used in this chapter, "mineral" means coal, clay, or
shale, including oil shale.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-7
"Mining refuse" defined
Sec. 7. As used in this chapter, "mining refuse" means all waste
material directly connected with the cleaning and preparation of
substances mined by surface mining.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-8
"Operation" defined
Sec. 8. As used in this chapter, "operation" means the premises,
facilities, nonpublic roads, and equipment used in the process of
producing minerals from a surface mine.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-9
"Operator" defined
Sec. 9. As used in this chapter, "operator" means a person
engaged in carrying on surface mining operations.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-10
"Overburden" defined
Sec. 10. As used in this chapter, "overburden" means the soil and
other materials that lie above a mineral deposit.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-11
"Reclamation" defined
Sec. 11. As used in this chapter, "reclamation" means the
rehabilitation of the area of land affected by surface mining under an
approved reclamation plan.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-12
"Reclamation plan" defined
Sec. 12. As used in this chapter, "reclamation plan" means the
operator's written proposal approved by the commission for
reclamation of the affected area. The term includes the following:
(1) Land use objectives.
(2) Specifications for grading.
(3) Manner and type of revegetation.
(4) The maps and other supporting documents that are required
by this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-13
Commission's powers regarding permits
Sec. 13. (a) The commission may:
(1) grant;
(2) suspend;
(3) revoke;
(4) modify; or
(5) release;
permits for surface mining under this chapter.
(b) The commission shall do the following:
(1) Approve or disapprove the applications for permits
consistent with the purposes of this chapter.
(2) Adopt rules under IC 4-22-2 to carry out this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-14
Duties of director
Sec. 14. (a) The director shall do the following:
(1) Supervise the administration and enforcement of this
chapter and the rules adopted under this chapter.
(2) Conduct the necessary investigations and inspections for the
proper administration of this chapter.
(3) Order the ceasing of surface mining operations by a person
who does not possess a valid permit as required by statute.
(4) Order compliance with the terms of a permit issued under
this chapter.
(5) Have access to all parts of the areas under application or
under permit for surface mining without liability to the
operator.
(6) Accept, release, or retain parts of cash or surety bonds
required by this chapter.
(7) Conduct research related to surface mining.
(8) Collect and disseminate information relating to surface
mining.
(9) Accept and use money from any source to aid in carrying
out the purposes of this chapter.
(b) The director may delegate any duty prescribed by subsection
(a) to other employees of the department.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-15
Permit exemptions
Sec. 15. (a) As used in this section, "pit" means a tract of land:
(1) from which the overburden has been removed or is being
removed; and
(2) where mine run mineral is being produced in the raw state.
(b) A person who engages in surface mining must have a permit
from the commission designating the area of land affected by the
operation unless at least one (1) of the following conditions exists:
(1) Minerals regulated under this chapter constitute not more
than twenty-five percent (25%) of the total tonnage of materials
being extracted from the pit and the materials are extracted for
purposes of bona fide sale or commercial use.
(2) The overburden above the mineral seam is insufficient for
reclamation under section 26 of this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-16
Permit powers; effective date
Sec. 16. A permit:
(1) authorizes the operator to engage in surface mining upon the
area of land described in the permit; and
(2) is effective for one (1) year from the date of issuance unless
revoked or suspended as provided in this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-17
Contents of application
Sec. 17. An application for a permit must include the following:
(1) The description and acreage of affected area under the
requested permit.
(2) The name of each owner of the surface of the area of land to
be affected by the permit.
(3) The name of each owner of all surface area within five
hundred (500) feet of any part of the affected area.
(4) The name of the owner of the mineral to be mined.
(5) The permanent and temporary post office addresses of the
applicant.
(6) The written consent of the applicant and other persons, if
any, necessary to grant access to the director or the director's
designee to the area under application from the date of
application until the expiration of a permit granted under the
application and thereafter for the time that is necessary to assure
compliance with this chapter and the rules adopted under this
chapter.
(7) The proposed method of operation, grading work, and
drainage control and a reclamation plan for the affected area,
which must meet the requirements of this chapter and the rules
adopted under this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-18
Maps accompanying application
Sec. 18. An application for a permit must be accompanied by
maps on which are indicated the following:
(1) The location of the operation.
(2) The name of the applicant and date.
(3) The boundaries of the area of land affected.
(4) The drainage plan on and away from the area of land
affected.
(5) All utility and other easements on the area of land affected
and any other information appropriate to the administration of
this chapter as required by the rules adopted under this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-19
Amendment of information or consent
Sec. 19. The operator may amend any of the information or
consent required by section 17 or 18 of this chapter with the approval
of the commission at any time upon filing with the commission an
amended application.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-20
Fees
Sec. 20. Each operator shall pay the following fees, which shall
be deposited in the division of reclamation fund:
(1) One hundred dollars ($100) for the first application filed
each year.
(2) One hundred dollars ($100) for each additional application
filed in the same year.
(3) Fifty dollars ($50) for each acre or fraction of an acre
described in the application.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-21
Performance bond
Sec. 21. Contemporaneously with and as a condition precedent to
the issuance of a permit, each operator must file with the director a
bond payable to the department, conditioned that the operator will
faithfully perform all requirements of the commission in accordance
with this chapter. A bond must be signed by the operator as principal
and by a corporate or individual surety approved by the director.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-22
Penalty bond
Sec. 22. The commission shall determine the amount of a penalty
bond subject to the following:
(1) A bond may not be less than:
(A) five thousand dollars ($5,000); or
(B) one thousand dollars ($1,000) per acre;
whichever is larger.
(2) The total bond may not be greater than five thousand dollars
($5,000) per acre.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-23
Amount of bond
Sec. 23. The commission shall determine the bond amount after
evaluation of the following:
(1) Previous compliance.
(2) Business structure.
(3) Previous mining experience.
(4) Mining method.
(5) Size of operation.
(6) Depth of overburden.
(7) Geological formation.
(8) Attachable real property or other assets within Indiana.
(9) Other factors relative to the operator's ability to accomplish
the intent of this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-24
Bond without surety
Sec. 24. An operator may execute a bond without surety if the
operator deposits with the director cash or securities that meet the
approval of the commission in an amount equal to the surety bond
prescribed by section 22 of this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-25
Increasing acres for permit
Sec. 25. The commission may increase the number of acres for
which a permit is issued after the permit is issued on receipt of the
prescribed fee and additional bond for the additional number of
acres.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-26
Reclamation procedures
Sec. 26. Reclamation of an area for which a permit is granted
under this chapter shall be conducted as follows:
(1) The operator shall grade the affected area to a topography
consistent with the land use objectives stated in the plan of
reclamation submitted by the operator and approved by the
commission. The grading shall be done in a manner that does
the following:
(A) Minimizes erosion.
(B) Breaks up long, uninterrupted slopes.
(C) Leaves the surface free from large rocks and other
obstructions, wherever practicable, so as to permit the
operation of suitable machinery over the surface.
(2) The operator shall construct earth dams in final cuts of all
operations to create lakes for water impoundment if the lakes
will not interfere with other mining operations or damage
adjoining property. The dams shall be constructed in a manner
satisfactory to the director and must receive department
approval before bond release. Where acid forming materials are
present and are not covered by impounded water, the operator
shall cover the materials to a depth of not less than two (2) feet
with earth or nontoxic overburden.
(3) Access roads shall be located and constructed to the width,
base, and grade specifications that will minimize erosion and
deterioration and permit use for the purposes set forth in the
reclamation plan. Mining refuse may not be used in the
construction or maintenance of access roads.
(4) The operator shall remove or bury all metal, lumber, or
other debris or refuse resulting from the mining operation. All
materials used in the mining operation shall be disposed of as
required before the termination of the operation in the affected
area.
(5) The operator shall revegetate the affected area described in
the application with seed, plants, or cuttings of trees, shrubs, or
grasses as recommended or approved in writing by the director.
The revegetation must conform to the approved land use
objectives stated in the approved plan of reclamation. The
seeding or planting required by this section shall be carried out
in accordance with a revegetation plan filed with the director
before November 30 of the year preceding planting. The
revegetation plan must include information on the approximate
numbers and kinds of plants or seed to be used together with the
seed or plant specifications set forth in rules adopted by the
commission.
(6) The operator shall begin the reclamation of the affected area
as soon as practicable after initiation of mining operations and
consistent with the approved plan of reclamation. The operator
shall carry out the grading requirements set forth in the
reclamation plan and described in subdivision (1) as soon as
practicable after deposit of the overburden and before removal
of reclamation equipment from the mining operation. The
operator shall begin the revegetation set forth in the
revegetation plan as soon as practicable following the mining
operation. Approval of the revegetation plan by the director is
contingent upon the physical and chemical condition of the cast
overburden.
(7) The operator shall treat effluent from the permit area using
the best technology available to prevent additional contributions
not in excess of requirements set by applicable state or federal
law of suspended solids or acid or toxic mine drainage to stream
flow outside the permit area.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-27
Report of operation
Sec. 27. (a) Within sixty (60) days after the earlier of:
(1) the expiration of a permit; or
(2) the completion or abandonment of the operation for which
a permit was issued;
the operator shall file with the director a report of the operation
licensed on a form prescribed by the director.
(b) The report must do the following:
(1) Identify the operator and the permit under which operations
were conducted.
(2) State the county and township in which the area affected by
the operations is located.
(3) Describe the area of land affected by the operation within
the time covered by the report with sufficient certainty so that
the land may be located and distinguished from other land. A
map shall be attached to the report certified by a surveyor
registered under Indiana law showing the boundary lines of the
area of land affected by the operation within the time covered
by the report.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-28
Charge against bond; release of bond; refund of fees
Sec. 28. (a) Upon receipt of the operator's affected area report the
director shall charge against the surety bonds or other securities on
deposit in connection with the operation covered by the report the
amount required by section 22 of this chapter for each acre of land
in the area of land affected by the operation within the time covered
by the report. The director shall issue to the operator and the
director's surety a release of any parts of the surety bonds or other
security on deposit in connection with the operation against which a
charge has not been made.
(b) If the report shows that the number of acres of land comprising
the area of land affected is smaller than the number of acres of land
for which the operator has paid to the director a permit fee in
connection with the permit authorizing the operation covered by the
report, the operator is entitled to a refund in the amount of the fees
paid for acres not affected.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-29
Retention of bond for revegetation
Sec. 29. (a) Upon the completion of the grading requirements, the
commission shall grant a partial release of the bond. The amount of
bond retained for revegetation must be adequate to cover the
satisfactory reclamation of the area. The remainder of the bond shall
continue to be posted until satisfactory vegetative cover has been
established but not for more than fifteen (15) years.
(b) If the bond is forfeited, the director shall expend the bond in
a reclamation program for the area of land for which the bond was
posted.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-30
Noncompliance
Sec. 30. (a) If the director finds that any of the requirements of:
(1) this chapter;
(2) the rules adopted under this chapter; or
(3) an order of the director or the commission;
have not been complied with within the time limits set by the
director, the commission, or this chapter, the director shall cause a
notice of noncompliance to be served upon the operator.
(b) A notice of noncompliance:
(1) shall be served by registered or certified mail addressed to
the permanent address shown on the application for a permit;
and
(2) must specify in what respects the operator has failed to
comply with:
(A) this chapter; or
(B) the rules or orders of the director or the commission.
(c) If the operator has not reached an agreement with the director
or otherwise complied with the requirements set forth in the notice
of noncompliance within time limits set in the notice:
(1) the director shall advise the commission; and
(2) a hearing shall be held to determine whether the permit of
the operator should be modified, suspended, or revoked.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-31
Modification, suspension, or revocation of permit
Sec. 31. (a) The commission may modify, suspend, or revoke a
permit under IC 4-21.5 if the commission finds that the operator
holding the permit has failed to comply with any of the following:
(1) The terms of this chapter.
(2) A rule of the commission.
(3) An order of the director.
(b) Upon revocation, the bond insuring compliance with the
revoked permit is forfeited.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-32
Applicability of IC 4-21.5
Sec. 32. IC 4-21.5 applies to this chapter.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-33
Operator with revoked permit
Sec. 33. An operator whose permit has been revoked under this
chapter is not eligible to:
(1) receive another permit; or
(2) have a suspended permit reinstated;
until the operator has complied with all the requirements of this
chapter with respect to all revoked permits issued to the operator.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-34
Operator with forfeited bond
Sec. 34. An operator who has forfeited a bond may not receive a
permit unless:
(1) the land for which the bond was forfeited has been
reclaimed without cost to the state; or
(2) the operator has paid to the department the amount that the
commission finds is adequate to reclaim the land.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-35
Commission refusing to issue permit
Sec. 35. The commission:
(1) may refuse to issue a permit to an operator whose permit the
commission has repeatedly suspended for noncompliance or
violation of:
(A) this chapter; or
(B) IC 13-4-6 (before its repeal); and
(2) shall refuse to issue a permit to an operator whose permit
has been revoked more than three (3) times.
As added by P.L.1-1995, SEC.29.
IC 14-36-1-36
Repealed
(Repealed by P.L.66-2006, SEC.30.)
IC 14-36-1-37
Violations
Sec. 37. A person who violates this chapter commits a Class A
infraction.
As added by P.L.1-1995, SEC.29.