Section 312 IAC 25-4-120 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; right of entryAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 120.
(a) A permit must ensure that the requirements of this section are satisfied.(b) Except to the extent the director otherwise directs in the permit that specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application.(c) The permittee shall allow the director, without advance notice or a search warrant, upon presentation of appropriate credentials and without delay, to do the following: (1) Have the rights of entry to, upon, and through any coal exploration or surface coal mining and reclamation operation.(2) Be accompanied by private persons for the purposes of conducting an inspection when the inspection is in response to an alleged violation reported to the director by the private person.(d) The permittee shall conduct surface coal mining and reclamation operations only on those lands specifically designated on the permit maps submitted under sections 26 through 56 or 67 through 97 of this rule and approved for the term of the permit and that are subject to the performance bond in effect under 312 IAC 25-5-1 through 312 IAC 25-5-19.(e) The operator shall pay all reclamation fees required by 30 CFR 870 for coal produced under the permit for sale, transfer, or use, in the manner required by 30 CFR 870.Natural Resources Commission; 312 IAC 25-4-120; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3492, 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