§ 14-34-8-6 — Suspension from bond pool

(a) Subject to subsection (c), an operator is
suspended from the bond pool if the operator:
(1) fails to pay a fee or civil penalty under:
(A) IC 13-4.1 (before its repeal);
(B) this article; or
(C) the federal Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 through 1328); or
(2) receives a cessation order that is not abated.
(b) If the final release of a bond has not been obtained within ten
(10) years after the date of the last required report of the affected area
for the permit, including new disturbances, the director may require the
operator to:
(1) replace the bond pool liability with bonds acceptable under IC 14-34-6-1; and
(2) withdraw that operation from the bond pool.
If the operator fails to comply with the director's order to withdraw a
mine area from the bond pool, the director may suspend the operator
from the bond pool.
(c) An operator is not suspended from the bond pool if the director
makes a written determination that mitigating circumstances are
present that would not create an unreasonable risk to the bond pool if
the operator's participation continues.
(d) An operator who is suspended from the bond pool shall cease all
surface coal mining operations until the operator furnishes a new
performance bond under IC 14-34-6-1 in an amount calculated under
IC 14-34-6-2 for all disturbed areas and proposed additional mining
areas under the permit. When the new performance bond has been
executed, the bond pool has no additional liability for reclamation on
any part of the area covered by the applicable permit.
[Pre-1995 Recodification Citation: 13-4.1-6.5-6.]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.29.