Section 312 IAC 25-4-133 - Permit reviews; revisions, renewals, transfer, sale, and assignment of rights granted under permits; approval for transfer, assignment, or sale of permit rights
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 133.
(a) Any person seeking to succeed by transfer, assignment, or sale, to the rights granted by a permit shall, before the date of the transfer, assignment, or sale, establish the following:(1) Obtain the performance bond coverage of the original permittee by accomplishing one (1) of the following: (A) Receive transfer of the original bond.(B) Execute a written agreement with the original permittee and any successor in interest that provides: (i) the bond posted by the original permittee and any successor continues in force on the areas affected by the original permittee and any successor; and(ii) for any supplemental or additional bond required by the director. If an agreement is reached under this clause, the director may release any bond posted by the original permittee or a successor that exceeds what is required by the agreement.(C) Provide sufficient bond to cover the original permit in its entirety from inception to completion of reclamation operations.(D) Use another method that provides the reclamation of all areas affected by the original permittee is assured under bonding coverage at least equal to that of the original permittee.(2) Provide the director with an application for approval of the proposed transfer, assignment, or sale, including the following: (A) The name and address of the existing permittee.(B) The name and address of the person proposing to succeed by the transfer, assignment, or sale and the name and address of that person's resident agent.(C) For surface mining activities, the same information as is required by sections 17 through 19, 20(c), and 22 through 23 of this rule for applications for new permits for those activities.(D) For underground mining activities, the same information as is required by sections 58 through 60, 61(c), and 63 through 64 of this rule for applications for new permits for those activities.(3) Obtain the written approval of the director for transfer, assignment, or sale of rights.(b) A person applying for approval of the transfer, assignment, or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved. The newspaper advertisement shall indicate the name and address of the applicant, the original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent. Any person whose interests are or may be adversely affected, including the head of any local, Indiana, or federal government agency, may submit written comments on the application for approval by the director within thirty (30) days of the last date of the public notice.(c) The director shall not grant approval for a transfer, sale, or assignment of rights under a permit, except, upon a written finding, the following: (1) The person seeking approval shall conduct the operations covered by the permit in accordance with the following: (A) The requirements for permits for special categories of mining under sections 98 through 107 of this rule.(B) The criteria for permit approval or denial under section 115 of this rule.(C) The criteria for permit approval or denial for existing structures under section 116 of this rule.(2) The applicant has submitted a performance bond under subsection (a)(1) that is at least equivalent to the bond of the original permittee.(3) The applicant shall continue to conduct the operations involved in full compliance with the terms and conditions of the original permit unless a new permit is obtained under section 134 of this rule.(4) A surface coal mining and reclamation operation owned or controlled by the applicant is not currently in violation of a federal or state statute, rule, or regulation. If this finding cannot be made, the applicant must establish either of the following: (A) The current violation has been or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation.(B) The applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation. An appeal taken from an order or determination of the department must conform to IC 14-34. If the initial judicial review authority either denies a stay applied for in the appeal or affirms the violation, the applicant shall promptly submit documentation to establish the requirements of clause (A).(5) The written findings required under section 115 of this rule.(d) The director shall notify the permittee, the successor, any person who provides comments under this section, and the Office of Surface Mining of the findings made under subsection (c).
312 IAC 25-4-133
Natural Resources Commission; 312 IAC 25-4-133; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3497, 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