§ 14-34-11-1 — Requirements of permit holders

In addition to other requirements that the
commission establishes by rule after considering the distinct difference
between surface coal mining and underground coal mining and that do
not conflict with or supersede any provision of the federal Mine Safety
and Health Act of 1977, as amended (30 U.S.C. 801 through 960), or
any of its regulations, an operator of an underground coal mining
operation who holds a surface coal mining and reclamation permit shall
do the following:
(1) To the extent technologically and economically feasible and
except in those instances where the mining technology used
requires planned subsidence in a predictable and controlled
manner, adopt measures consistent with known technology to do
the following:
(A) Prevent subsidence causing material damage.
(B) Maximize mine stability.
(C) Maintain the value and reasonably foreseeable use of
surface land.
However, this section does not prohibit the standard method of
room and pillar mining.
(2) Seal all portals, entryways, drifts, shafts, or other openings
between the surface and underground coal mine working when no
longer needed for the conduct of the mining operations.
(3) Fill or seal exploratory holes no longer necessary for mining,
maximizing to the extent technologically and economically
feasible the return of:
(A) mine and processing waste;
(B) tailings; and
(C) any other waste incident to the mining operation;
to the mine workings or excavations.
(4) With respect to surface disposal of mine wastes, tailings, coal
processing wastes, and other wastes in areas other than the mine
workings or excavations the following:
(A) Stabilize all waste piles created by the permittee from
current operations through construction in compacted layers,
including the use of incombustible and impervious materials if
necessary.
(B) Assure the following:
(i) The leachate will not degrade below water quality
standards established under applicable federal and state law
for surface or ground water.
(ii) The final contour of the waste accumulation will be
compatible with natural surroundings.
(iii) The site is stabilized and revegetated according to this
chapter.
(5) Design, locate, construct, operate, maintain, enlarge, modify,
and remove, or abandon, in accordance with the standards and
criteria used by the United States Secretary of the Interior to
ensure that flood control structures are safe and effectively
perform their intended function, all existing and new coal mine
waste piles:
(A) consisting of mine wastes, tailings, coal processing wastes,
or other liquid and solid wastes; and
(B) used temporarily or permanently as dams or embankments.
(6) Establish on regraded areas and all other land affected a
diverse and permanent vegetative cover:
(A) capable of self-regeneration and plant succession; and
(B) at least equal in extent of cover to the natural vegetation of
the area.
(7) Protect offsite areas from damages that may result from the
mining operations.
(8) Eliminate fire hazards and other conditions that constitute a
hazard to the health and safety of the public.
(9) Minimize the disturbances of the prevailing hydrologic
balance at the mine site and in associated offsite areas and to the
quantity of water in surface ground water systems both during and
after coal mining operations and during reclamation by doing the
following:
(A) Avoiding acid or other toxic mine drainage by measures
such as the following:
(i) Preventing or removing water from contact with
toxic-producing deposits.
(ii) Treating drainage to reduce toxic content that adversely
affects downstream water upon release to watercourses.
(iii) Casing, sealing, or otherwise managing boreholes, shafts,
and wells to keep acid or other toxic drainage from entering
ground and surface water.
(B) Conducting surface coal mining operations to:
(i) prevent, to the extent possible using the best technology
currently available, additional contributions, not exceeding
requirements set by state or federal law, of suspended solids
to stream flow or runoff outside the permit area; and
(ii) avoid channel deepening or enlargement;
in operations requiring the discharge of water from mines.
(10) With respect to other surface impacts not specified in this
chapter, including the construction of:
(A) new roads or the improvement or use of existing roads to
gain access to the site of those activities and for haulage;
(B) repair areas;
(C) storage areas;
(D) processing areas;
(E) shipping areas; and
(F) other areas upon which are sited structures, facilities, or
other property or materials on the surface resulting from or
incident to those activities;
operate in accordance with the standards established under IC 14-34-10 for the effects that result from surface coal mining
operations.
(11) To the extent possible using the best technology currently
available the following:
(A) Minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values.
(B) Achieve enhancement of those resources if practicable.
(12) Locate openings for all new drift mines working
acid-producing or iron-producing coal seams in such a manner as
to prevent a gravity discharge of water from the mine unless
another location is approved by the director.
[Pre-1995 Recodification Citation: 13-4.1-9-1.]

Legislative History

As added by P.L.1-1995, SEC.27.