Sec. 10. (a) An applicant shall submit, in addition to the financial information required under section 4 of this chapter, a report prepared by a qualified independent public accounting consultant selected from a list of public accounting consultants approved by the director. The director shall consider the information in the report when deciding whether to accept the self-bond of an applicant. (b) The director may also require reports described in subsection (a) after the director accepts the applicant's self-bond, but not more than one (1) time every three (3) years while the self-bond is posted, except as provided in subsection (d). (c) A consultant who prepares a report under this section must: (1) verify that the financial information required under section 4 of this chapter was prepared in accordance with generally accepted accounting principles; (2) verify that the accounting principles referred to in subdivision (1) were applied consistently for each year of the period for which the information is submitted; (3) state the amount of, and reason for, any restatement of the financial information referred to in subdivision (1) that is necessary to meet the requirements of subdivision (2); and (4) state whether any information reviewed during the preparation of the report would lead the consultant to conclude that the applicant would not meet the requirements of section 4 of this chapter at the end of each of the three (3) fiscal years ending after the calendar month in which the report is completed. (d) If the consultant who prepares a report under this section is unable to provide the information required by subsection (c)(4), the applicant for whom the report is prepared shall submit an updated report annually. (e) An applicant shall submit a report required under this section not later than ninety (90) days after the director notifies the applicant or permittee that the report is required. (f) If an applicant fails to submit a report required under subsection (a), the director shall refuse to accept the self-bond of the applicant until the applicant files the report. (g) If a permittee who has posted a self-bond under this chapter fails to submit a report required under subsection (b), the director may require the permittee to post an alternate form of bond not later than ninety (90) days after the deadline for the submission of the report. As added by P.L.176-1995, SEC.20.
IC 14-34-7-11 Incremental self-bonds; coverage of deferred grading areas Sec. 11. (a) The director may not accept an applicant's self-bond under this chapter in an increment unless, when the self-bond is initially approved under this chapter, the total area of the increment is one hundred percent (100%) self-bonded. (b) When a self-bond is initially accepted from a permit applicant under this chapter, the self-bond may cover areas subject to the permit on which, as of July 1, 1995, grading has been deferred. (c) After a self-bond is accepted under this chapter: (1) coverage under the self-bond continues on any area subject to a grading deferral that is in existence on July 1, 1995, if the grading deferral is subsequently extended beyond its original term; but (2) an area subject to the permit as to which a grading deferral is granted after July 1, 1995, may not be covered by self-bonding. (d) An area described in subsection (c)(2): (1) must be covered by another form of bond allowed under IC 14-34-6; and (2) may not be covered by the surface coal mine reclamation bond pool established by IC 14-34-8. As added by P.L.176-1995, SEC.21.