Section 14-37-4-8 - Permit issuance upon compliance with article and rules(a) Except as provided in section 9 of this chapter and subject to subsections (b) and (c), if an applicant for a permit complies with:(2) the rules adopted under this article; the director shall issue a permit.
(b) The division shall: (1) maintain a list of parties with experience and interest in mining commercially minable coal resources who request in writing to be given notice of the filing of complete permit applications under this chapter with respect to coal bed methane; and(2) give written notice of each complete permit application filed under this chapter with respect to coal bed methane not later than fifteen (15) days after the filing date to each party on the list maintained under subdivision (1), and to each party that files an affidavit under IC 14-37-7-8.(c) The notice given under subsection (b)(2) must include at least the following with respect to each proposed coal bed methane well:(1) The location, type, and depth.(2) The coal seam affected.(d) The director may not issue a permit under this chapter until all of the following requirements are satisfied:(1) At least thirty (30) days have elapsed after giving notice under subsection (b)(2).(2) Proof of both of the following has been submitted to the director: (A) Receipt of the permit application's written notice as provided under section 8.5(e) of this chapter.(B) That the applicant complied with the notification to the surface owner provisions required under IC 32-23-7-6.5. The applicant may submit as proof a certified mail receipt, the surface owner's written acknowledgment of receipt of the notification, or copy of an agreement with the surface owner establishing different notification terms.(3) The director has taken into consideration:(A) comments received during the period referred to in subdivision (1) from a person interested in the future minability of a commercially minable coal resource; and(B) objections made under section 8.5(h) of this chapter.(4) The applicant has submitted to the director documentation demonstrating that the commercially minable coal seam outside the coal bed methane production area is protected adequately for future underground mining.(5) The director has issued a finding that the requirements of subdivisions (1) through (4) and section 8.5 of this chapter have been met.(e) Unless waived by the applicant, the director shall issue or deny a permit under this chapter within fifteen (15) days after the elapse of the thirty (30) day notice period under subsection (d)(1).Pre-1995 Recodification Citation: 13-8-5-8.
Amended by P.L. 109-2015, SEC. 34, eff. 5/4/2015.Amended by P.L. 140-2011, SEC. 6, eff. 7/1/2011.As added by P.L. 1-1995, SEC.30.