§ 14-34-8-4 — Participation in bond pool

(a) As used in this section, "mining" includes
contract mining.
(b) As used in this section, "operator" includes a predecessor in
interest, subsidiaries, and affiliates as approved by the director.
(c) Participation in the bond pool is open to each operator applying
for a permit under this article who, after May 3, 1978, has a five (5)
year history of mining within Indiana and who meets the following
conditions:
(1) Is not subject to an outstanding cessation order issued under:
(A) IC 13-4.1-11-5 (before its repeal); or
(B) IC 14-34-15-6.
(2) Does not owe a civil penalty under:
(A) IC 13-4.1-12 (before its repeal);
(B) IC 14-34-16; or
(C) the federal Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 through 1328).
(3) Does not:
(A) owe a fee:
(i) under IC 13-4.1 (before its repeal);
(ii) under this article; or
(iii) collected under the federal Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 through 1328); or
(B) have a history of delinquency in the payment of fees or civil
penalties.
(4) Has never been suspended under:
(A) IC 13-4.1-6.5-6 (before its repeal); or
(B) section 6 of this chapter.
(d) Participation in the bond pool is:
(1) optional for each permit application;
(2) subject to approval by the director; and
(3) not effective until the entrance fee has been paid in full.
(e) The director may, based on all available information, disapprove
an application that may create an unreasonable risk to the bond pool.
(f) This chapter does not preclude compliance with IC 14-34-6
instead of participation in the bond pool before commencement of
participation in the bond pool.
(g) Commencement of participation in the bond pool for the
applicable permit constitutes an irrevocable commitment to participate
in the bond pool for the applicable permit for the duration of the
surface coal mining operations covered under the permit, unless the
operator has replaced all bond pool liability with bonds acceptable
under IC 14-34-6-1.
(h) An operator may apply for participation in the bond pool on a
bond increment area under an existing permit. Commencement of
participation in the bond pool for the bond increment area, within an
existing permit, constitutes an irrevocable commitment to participate
in the bond pool for the duration of that surface coal mining permit,
unless the operator has replaced all bond pool liability with bonds
acceptable under IC 14-34-6-1.
[Pre-1995 Recodification Citation: 13-4.1-6.5-4.]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.28.