Section 312 IAC 25-10-3 - Fee paymentAuthority: IC 14-34-2-1
Affected: IC 14-34-13
Sec. 3.
(a) Each operator shall pay the reclamation fee concurrently with the federal reclamation fee under the Federal Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232 ) and not later than thirty (30) days after the end of each calendar quarter beginning with the third calendar quarter of 1991.(b) Each operator shall use a coal production and reclamation fee report form (Form DOR-1), as set out in the Division of Reclamation, Reclamation Fee Handbook, revised August 1991, developed by the director to report the tonnage of coal produced and to calculate the reclamation fee due during the applicable calendar quarter.(c) Each quarterly report of coal production shall be accompanied by a copy of OSM-1 and a check or money order made payable to the department in the amount of the reclamation fee owed for that quarter. Payments shall be made in person or mailed to the Jasonville office of the division of reclamation. Wire transfer, if available, can be used for payment of the reclamation fee, and the operator shall submit a copy of Form DOR-1 within five (5) days of the transfer.(d) Operators failing to submit the required report or to make reclamation fee payments by the thirtieth day after the end of the calendar quarter will be subject to a notice of violation and civil penalty assessments. Failure to comply with the terms of the notice of violation will result in the issuance of a cessation order for the failure to abate the notice of violation and an order to show cause why the permit should not be suspended or revoked. Delinquent payments made shall be credited against the civil penalty first, if assessed, and the reclamation fee second. Daily civil penalty amounts may be assessed.Natural Resources Commission; 312 IAC 25-10-3; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3611, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA