Section 14-34-7-12 - Alternate forms of self-bonds; monitoring of reclamation(a) If a permittee who posted a self-bond under this chapter does not file an application for a Phase I grading release with the department before the second November 1 after the year in which the coal was removed from the site covered by the self-bond, the permittee shall replace the self-bond with an alternate form of bond within ninety (90) days of the November 1 deadline established under this subsection.(b) If:(1) a permittee who posted a self-bond under this chapter files an application for a Phase I grading release with the department before the second November 1 after the year in which the coal was removed from the site covered by the self-bond; but(2) the application is rejected by the department; the permittee shall replace the self-bond with an alternate form of bond not later than ninety (90) days after the denial of the application for a Phase I grading release becomes a final order of the department.
(c) All acreage and structures that are within a permitted area and are used to facilitate active mining and reclamation operations are exempt from subsection (b). Areas described in this subsection include, but are not limited to, the following:(d) For the purposes of subsection (c), the director shall determine what areas are used to facilitate active mining and reclamation operations.(e) A permittee shall submit annual reports to the department in a form that the director considers necessary to facilitate the effective monitoring of acres under self-bonding that have been affected and reclaimed.(f) An area that: (1) is not subject to the time limitations set forth in subsection (b); and(2) has been used for the disposal of: (A) coal combustion fly or bottom ash;(B) flue gas desulfurization byproducts generated by coal combustion units; or(C) coal processing wastes; is no longer eligible for self-bonding ten (10) years after the disturbance of the area or the self-bonding of the area, whichever is later. An alternative form of bond must be posted for the area under IC 14-34-6 not later than ninety (90) days after the area becomes ineligible for self-bonding under this subsection.
(g) Whenever an area is determined to be no longer eligible for self-bonding, and an alternative form of bond is posted under IC 14-34-6, the area:(1) is never again eligible for self-bonding; and(2) may not be bonded by the surface coal mine reclamation bond pool established under IC 14-34-8-3.As added by P.L. 176-1995, SEC.22. Amended by P.L. 2-1997, SEC.55.