Section 312 IAC 25-4-118 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit conditionsAuthority: IC 14-34-2-1
Affected: IC 4-21.5-3; IC 14-34-13; IC 14-34-15-1; IC 14-34-15-2; 30 CFR 773.17
Sec. 118.
Each permit issued by the director shall be subject to the following conditions:
(1) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and are subject to the performance bond or other equivalent guarantee in effect under 312 IAC 25-5.(2) The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the director otherwise directs in the permit.(3) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of IC 14-34, and the requirements of this article.(4) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee shall allow the authorized representatives of the director and the Secretary of the Interior to: (A) have the right of entry provided for in IC 14-34-15-1; and(B) be accompanied by private persons for the purpose of conducting an inspection in accordance with IC 14-34-15-2 when the inspection is in response to an alleged violation reported to the director by a private person.(5) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to, the following: (A) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of noncompliance.(B) Immediate implementation of measures necessary to comply.(C) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.(6) As applicable, the permittee shall comply with the requirements of section 41 of this rule and 312 IAC 25-6-5 through 312 IAC 25-6-132 for compliance, modification, or abandonment of existing structures.(7) The operator shall pay all reclamation fees required by IC 14-34-13 for coal produced under the permit for sale, transfer, or use in the manner required by 312 IAC 25-10.(8) Within thirty (30) days after a cessation order is issued under 312 IAC 25-7-5, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall either submit to the director the information in clauses (A) and (B), current to the date the cessation order was issued, or notify the director, in writing, that there has been no change since the immediately preceding submittal of such information: (A) any new information needed to correct or update the information previously submitted to the director by the permittee under sections 17(c) and 58(a)(4) of this rule; or(B) if not previously submitted, the information required from a permit applicant by sections 17(c) and 58(a)(4) of this rule.Natural Resources Commission; 312 IAC 25-4-118; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3491, eff Dec 1, 2001, except subdivision (4); errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2454, eff Jan 1, 2005; 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