§ 14-29-3-3 — Conditions of permit; removal of sand from Lake Michigan prohibited

Indiana § 14-29-3-3

• Jurisdiction: Indiana
• Art. 29: RIVERS, STREAMS, AND WATERWAYS
• Ch. 3: Sand and Gravel Permits

Text

(a) A permit issued under this chapter must
include the following conditions:
(1) The permittee shall give bond in the amount and with surety
approved by the department for full and prompt compliance with
the terms and conditions of the permit.
(2) The permittee shall, monthly or quarterly as the department
stipulates, make to the department a verified report and full
account and payment for all mineral or substance taken during the
preceding month or quarter.
(3) The department may, at any time in reasonable hours, inspect
the following:
(A) All books, papers, and records of the permittee relating to
the account.
(B) The works and workings of the permittee.
(4) The department may revoke or suspend the permit for the
failure of the permittee to comply with this chapter or with the
terms and conditions of the permit.
(5) Subject to suspension or revocation, the permit will remain in
force for the period that the department determines, not to exceed
five (5) years from the date of issuance. However, the permit may
be renewed by the permittee by written application filed with the
department six (6) months before expiration of the permit.
(6) The works, workings, and operations under the permit must
not do any of the following:
(A) Impede the navigation of the water.
(B) Damage or endanger a bridge, highway, railroad, public
work, utility, or the property of a riparian owner or adjoining
proprietor or adjacent permittee.
(C) Endanger the lives of individuals.
(7) The permittee shall take the measures, to be determined by the
department and stipulated in the permit, that are reasonable to
avoid the damage and danger.
(8) Except as provided in subsections (c) and (d), if the permittee
takes sand from the bed or from under the bed of Lake Michigan,
the sand may only be deposited on the beach of Lake Michigan
and may not be removed to any other place or used for any other
purpose.
(b) The department may also prescribe other reasonable conditions
in the permit that are in the best interests of the state.
(c) A permittee that, in accordance with permit conditions, dredges
not more than ten (10) cubic yards of sand from the bed or from under
the bed of Lake Michigan within a period of thirty (30) days is exempt
from subsection (a)(8) with respect to that quantity of sand.
(d) Notwithstanding subsection (a)(8), if the director determines that
sand taken from the bed or from under the bed of Lake Michigan
contains a toxic material (as defined in IC 13-11-2-233) or a substance
that is potentially harmful to human health or to the environment, the
sand shall be disposed of in a manner consistent with IC 13-22.
[Pre-1995 Recodification Citation: 14-3-1-14.5(d).]

Legislative History

As added by P.L.1-1995, SEC.22. Amended by P.L.51-2018, SEC.1.