Indiana § 14-34-6-7 Release of bond or deposit; publication of notice

Indiana Statutes

§ 14-34-6-7 — Release of bond or deposit; publication of notice

Indiana·Art. 34 SURFACE COAL MINING AND RECLAMATION·Ch. 6 Bonding

(a)After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or deposit. As part of the bond release application, the permittee must do the following:

(1)Submit copies of letters that the permittee has sent by certified mail to:

(A)adjoining property owners;

(B)local government bodies;

(C)planning agencies;

(D)sewage and water treatment authorities; or

(E)water companies; in the county in which the surface coal mining and reclamation operation is located notifying the entities of the bond release application.

(2)Within thirty (30) days after filing the bond release application, submit a copy of an advertisement placed at least one

(1)time a week for four (4) successive weeks in a newspaper of general circulation in the county in w

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(a) After a permit is issued, the permittee may
apply to the director for the release of all or part of the bond or deposit.
As part of the bond release application, the permittee must do the
following:
(1) Submit copies of letters that the permittee has sent by certified
mail to:
(A) adjoining property owners;
(B) local government bodies;
(C) planning agencies;
(D) sewage and water treatment authorities; or
(E) water companies;
in the county in which the surface coal mining and reclamation
operation is located notifying the entities of the bond release
application.
(2) Within thirty (30) days after filing the bond release
application, submit a copy of an advertisement placed at least one
(1) time a week for four (4) successive weeks in a newspaper of
general circulation in the county in which the surface coal mining
and reclamation operation is located. The advertisement must
contain the following:
(A) A notification of the precise location of the land affected.
(B) The number of acres.
(C) The permit and the date of approval.
(D) The amount of the bond filed and the part sought to be
released.
(E) The type and appropriate dates of reclamation work
performed.
(F) A description of the results achieved relating to the
operator's approved reclamation plan.
(b) The director may initiate an application for the release of a bond.
If a bond release application is initiated by the director, the department
shall perform the notification and certification requirements otherwise
imposed on the permittee under this section and section 8 of this
chapter. However, the department may provide notice by publication
under subsection (a)(2):
(1) with each publication of notice in the newspaper described in
subsection (a)(2); or
(2) with the first publication of notice in the newspaper described
in subsection (a)(2) and the three (3) subsequent publications of
notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county in which the surface
coal mining and reclamation operation is located.
[Pre-1995 Recodification Citation: 13-4.1-6-7(a).]

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