§ 14-34-6-16 — Forfeiture of bond

(a) The director may order the forfeiture of
all or part of a bond for a permit area or an increment of a permit area,
regardless of whether the entire area has been disturbed by surface
mining activities, if:
(1) the permittee does not conduct reclamation operations in
accordance with the applicable reclamation plan; or
(2) the permittee does not fulfill at least one (1) of the conditions
under which the bond was posted.
(b) An order issued under subsection (a) or under IC 13-4.1-6-9(a)
(before its repeal) is subject to IC 4-21.5-3-6 and becomes an effective
and final order of the director without a proceeding if a request for
review of the order is not filed with the director within fifteen (15) days
after the order is served upon:
(1) the permittee; and
(2) the person that executed the permittee's bond or other
performance guarantee if the permittee filed a bond or other
performance guarantee under this chapter.
(c) If the forfeited bond is insufficient to pay the entire cost of
reclamation, the permittee shall pay the uncompensated balance
necessary for complete reclamation as determined by the director.
(d) If the amount of the forfeited bond exceeds the amount
necessary for complete restoration, the excess amount shall be returned
by the director to the person from whom the amount was received.
(e) A person who has forfeited a bond may not be given a permit
until:
(1) the land subject to the forfeiture has been reclaimed without
cost to the state; or
(2) the department has received an amount of money equal to the
amount determined by the director to be necessary to reclaim the
land.
(f) Money collected under this section is appropriated and allotted
to the department, at the time of deposit, for restoration of the site from
which the bond was forfeited.
[Pre-1995 Recodification Citation: 13-4.1-6-9.]

Legislative History

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