Indiana § 14-34-4-8 Nonissuance of permit for violations of certain federal and state
statutes

Indiana Statutes

§ 14-34-4-8 — Nonissuance of permit for violations of certain federal and state statutes

Indiana·Art. 34 SURFACE COAL MINING AND RECLAMATION·Ch. 4 Permit Approval or Denial

(a)As used in this section, "applicant" or "operator" includes the following:

(1)The officers, partners, or directors of the applicant or operator.

(2)The officers, partners, or directors of applicants or operators under IC 14-36-1.

(b)The director may not issue a permit to an applicant if the director finds after a hearing conducted in accordance with IC 4-21.5-3 that the applicant or the operator specified in the application controls or has controlled surface coal mining operations with a demonstrated pattern of willful violations of:

(1)the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328);

(2)this article or IC 13-4.1 (before its repeal);

(3)IC 14-36-1 or IC 13-4-6 (before its repeal); or

(4)any state statute enacted in response to P.L.95-

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(a) As used in this section, "applicant" or
"operator" includes the following:
(1) The officers, partners, or directors of the applicant or operator.
(2) The officers, partners, or directors of applicants or operators
under IC 14-36-1.
(b) The director may not issue a permit to an applicant if the director
finds after a hearing conducted in accordance with IC 4-21.5-3 that the
applicant or the operator specified in the application controls or has
controlled surface coal mining operations with a demonstrated pattern
of willful violations of:
(1) the federal Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 through 1328);
(2) this article or IC 13-4.1 (before its repeal);
(3) IC 14-36-1 or IC 13-4-6 (before its repeal); or
(4) any state statute enacted in response to P.L.95-87, the federal
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 through 1328);
of a nature and duration and with the resulting irreparable damage to
the environment that indicates an intent not to comply with this article,
IC 13-4.1 (before its repeal), IC 14-36-1, or IC 13-4-6 (before its
repeal).
[Pre-1995 Recodification Citation: 13-4.1-4-3(c).]

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