§ 14-34-5-3 — Termination of permit for nonuse; extension of time

Indiana § 14-34-5-3

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 5: Permit Terms

Text

(a) A permit terminates if the permittee has not
commenced the surface coal mining and reclamation operations
covered by the permit within three (3) years of the date of issuance of
the permit. With respect to coal to be mined for use in a synthetic fuel
facility or a specific major electric generating facility, the permittee's
surface mining operation commences when construction of the
synthetic fuel or generating facility is initiated.
(b) The director may grant a reasonable extension of time to the
requirement of subsection (a) upon a showing that an extension is
necessary because of any of the following:
(1) Litigation that:
(A) precludes the commencement of operations; or
(B) threatens substantial economic loss to the permittee.
(2) Conditions:
(A) beyond the control; and
(B) without the fault or negligence;
of the permittee.
(c) If a coal lease is issued under the federal Mineral Leasing Act,
as amended (30 U.S.C. 187, 193, 201, 203), extensions of time under
subsection (b) may not extend beyond the period allowed for diligent
development in accordance with the federal Mineral Leasing Act, as
amended (30 U.S.C. 187, 193, 201, 203).
[Pre-1995 Recodification Citation: 13-4.1-5-3.]

Legislative History

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