§ 14-34-5-4 — Renewal of permit

(a) A permittee may, within one hundred
twenty (120) days before expiration of the current permit, apply to the
director for renewal of a permit for a period not to exceed the validity
period provided for in section 1 of this chapter.
(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and
IC 14-34-4-11, the director shall issue a renewal permit for the area
within the existing permit unless it is established by opponents of the
permit renewal and written findings are made by the director that any
of the following conditions exist:
(1) The terms and conditions of the existing permit were not
satisfactorily met.
(2) The present surface coal mining and reclamation operation
does not comply with IC 14-34-10.
(3) The renewal request substantially jeopardizes the operator's
continuing responsibility on existing permit areas.
(4) The operator has not provided evidence that the performance
bond in effect for the operation will continue in full force and
effect for a renewal requested in the application as well as an
additional bond the director requires under IC 14-34-6.
(5) The permittee has not provided the director with required
additional revised or updated information.
(c) If an application for renewal of a valid permit includes a
proposal to extend the surface coal mining and reclamation operation
beyond the boundaries authorized in the existing permit, the part of the
application for renewal that addresses new land areas is subject to the
full standards applicable to new applications under this article.
[Pre-1995 Recodification Citation: 13-4.1-5-4.]

Legislative History

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