§ 14-37-4-8 — Permit issuance upon compliance with article and rules

(a) Except as provided in section 9 of this
chapter and subject to subsections (b) and (c), if an applicant for a
permit complies with:
(1) this article; and
(2) the rules adopted under this article;
the director shall issue a permit.
(b) The division shall:
(1) maintain a list of parties with experience and interest in
mining commercially minable coal resources who request in
writing to be given notice of the filing of complete permit
applications under this chapter with respect to coal bed methane;
and
(2) give written notice of each complete permit application filed
under this chapter with respect to coal bed methane not later than
fifteen (15) days after the filing date to each party on the list
maintained under subdivision (1), and to each party that files an
affidavit under IC 14-37-7-8.
(c) The notice given under subsection (b)(2) must include at least
the following with respect to each proposed coal bed methane well:
(1) The location, type, and depth.
(2) The coal seam affected.
(d) The director may not issue a permit under this chapter until all
of the following requirements are satisfied:
(1) At least thirty (30) days have elapsed after giving notice under
subsection (b)(2).
(2) Proof of both of the following has been submitted to the
director:
(A) Receipt of the permit application's written notice as
provided under section 8.5(e) of this chapter.
(B) That the applicant complied with the notification to the
surface owner provisions required under IC 32-23-7-6.5. The
applicant may submit as proof a certified mail receipt, the
surface owner's written acknowledgment of receipt of the
notification, or copy of an agreement with the surface owner
establishing different notification terms.
(3) The director has taken into consideration:
(A) comments received during the period referred to in
subdivision (1) from a person interested in the future minability
of a commercially minable coal resource; and
(B) objections made under section 8.5(h) of this chapter.
(4) The applicant has submitted to the director documentation
demonstrating that the commercially minable coal seam outside
the coal bed methane production area is protected adequately for
future underground mining.
(5) The director has issued a finding that the requirements of
subdivisions (1) through (4) and section 8.5 of this chapter have
been met.
(e) Unless waived by the applicant, the director shall issue or deny
a permit under this chapter within fifteen (15) days after the elapse of
the thirty (30) day notice period under subsection (d)(1).
[Pre-1995 Recodification Citation: 13-8-5-8.]

Legislative History

As added by P.L.1-1995, SEC.30. Amended by P.L.140-2011, SEC.6; P.L.109-2015, SEC.34.