Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 1. This chapter provides for the proper reclamation of areas of land subjected to surface mining of minerals in accordance with modern standards to do the following: (1) Provide improved land use practice of these areas. (2) Prevent or minimize injurious effects to the peopl…

Sec. 10. As used in this chapter, "overburden" means the soil and other materials that lie above a mineral deposit. [Pre-1995 Recodification Citation: 13-4-6-2(d).] As added by P.L.1-1995, SEC.29.

Sec. 11. As used in this chapter, "reclamation" means the rehabilitation of the area of land affected by surface mining under an approved reclamation plan. [Pre-1995 Recodification Citation: 13-4-6-2(b).] As added by P.L.1-1995, SEC.29.

Sec. 12. As used in this chapter, "reclamation plan" means the operator's written proposal approved by the commission for reclamation of the affected area. The term includes the following: (1) Land use objectives. (2) Specifications for grading. (3) Manner and type of revegetatio…

Sec. 13. (a) The commission may: (1) grant; (2) suspend; (3) revoke; (4) modify; or (5) release; permits for surface mining under this chapter. (b) The commission shall do the following: (1) Approve or disapprove the applications for permits consistent with the purposes of this c…

Sec. 14. (a) The director shall do the following: (1) Supervise the administration and enforcement of this chapter and the rules adopted under this chapter. (2) Conduct the necessary investigations and inspections for the proper administration of this chapter. (3) Order the ceasi…

Sec. 15. (a) As used in this section, "pit" means a tract of land: (1) from which the overburden has been removed or is being removed; and (2) where mine run mineral is being produced in the raw state. (b) A person who engages in surface mining must have a permit from the commiss…

Sec. 16. A permit: (1) authorizes the operator to engage in surface mining upon the area of land described in the permit; and (2) is effective for one (1) year from the date of issuance unless revoked or suspended as provided in this chapter. [Pre-1995 Recodification Citation: 13…

Sec. 17. An application for a permit must include the following: (1) The description and acreage of affected area under the requested permit. (2) The name of each owner of the surface of the area of land to be affected by the permit. (3) The name of each owner of all surface area…

Sec. 18. An application for a permit must be accompanied by maps on which are indicated the following: (1) The location of the operation. (2) The name of the applicant and date. (3) The boundaries of the area of land affected. (4) The drainage plan on and away from the area of la…

Sec. 19. The operator may amend any of the information or consent required by section 17 or 18 of this chapter with the approval of the commission at any time upon filing with the commission an amended application. [Pre-1995 Recodification Citation: 13-4-6-5(d).] As added by P.L.…

Sec. 2. Notwithstanding any other provision of this chapter, except section 3 of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b). [Pre-1995 Recodification Citation: 13-4-6-1…

Sec. 20. Each operator shall pay the following fees, which shall be deposited in the division of reclamation fund: (1) One hundred dollars ($100) for the first application filed each year. (2) One hundred dollars ($100) for each additional application filed in the same year. (3) …

Sec. 21. Contemporaneously with and as a condition precedent to the issuance of a permit, each operator must file with the director a bond payable to the department, conditioned that the operator will faithfully perform all requirements of the commission in accordance with this c…

Sec. 22. The commission shall determine the amount of a penalty bond subject to the following: (1) A bond may not be less than: (A) five thousand dollars ($5,000); or (B) one thousand dollars ($1,000) per acre; whichever is larger. (2) The total bond may not be greater than five …

Sec. 23. The commission shall determine the bond amount after evaluation of the following: (1) Previous compliance. (2) Business structure. (3) Previous mining experience. (4) Mining method. (5) Size of operation. (6) Depth of overburden. (7) Geological formation. (8) Attachable …

Sec. 24. An operator may execute a bond without surety if the operator deposits with the director cash or securities that meet the approval of the commission in an amount equal to the surety bond prescribed by section 22 of this chapter. [Pre-1995 Recodification Citation: 13-4-6-…

Sec. 25. The commission may increase the number of acres for which a permit is issued after the permit is issued on receipt of the prescribed fee and additional bond for the additional number of acres. [Pre-1995 Recodification Citation: 13-4-6-5(g) part.] As added by P.L.1-1995, …

Sec. 26. Reclamation of an area for which a permit is granted under this chapter shall be conducted as follows: (1) The operator shall grade the affected area to a topography consistent with the land use objectives stated in the plan of reclamation submitted by the operator and a…

Sec. 27. (a) Within sixty (60) days after the earlier of: (1) the expiration of a permit; or (2) the completion or abandonment of the operation for which a permit was issued; the operator shall file with the director a report of the operation licensed on a form prescribed by the …

Sec. 28. (a) Upon receipt of the operator's affected area report the director shall charge against the surety bonds or other securities on deposit in connection with the operation covered by the report the amount required by section 22 of this chapter for each acre of land in the…

Sec. 29. (a) Upon the completion of the grading requirements, the commission shall grant a partial release of the bond. The amount of bond retained for revegetation must be adequate to cover the satisfactory reclamation of the area. The remainder of the bond shall continue to be …

Sec. 3. All surface mining operations that operate or have operated under a permit issued under this chapter subject to: (1) Acts 1978, P.L.159; (2) Acts 1979, P.L.314; (3) Acts 1980, P.L.101, SECTION 5; or (4) Acts 1981, P.L.331; are subject to IC 14-34-15, IC 14-34-16, IC 14-34…

Sec. 30. (a) If the director finds that any of the requirements of: (1) this chapter; (2) the rules adopted under this chapter; or (3) an order of the director or the commission; have not been complied with within the time limits set by the director, the commission, or this chapt…

Sec. 31. (a) The commission may modify, suspend, or revoke a permit under IC 4-21.5 if the commission finds that the operator holding the permit has failed to comply with any of the following: (1) The terms of this chapter. (2) A rule of the commission. (3) An order of the direct…

Sec. 32. IC 4-21.5 applies to this chapter. [Pre-1995 Recodification Citation: 13-4-6-9.] As added by P.L.1-1995, SEC.29.

Sec. 33. An operator whose permit has been revoked under this chapter is not eligible to: (1) receive another permit; or (2) have a suspended permit reinstated; until the operator has complied with all the requirements of this chapter with respect to all revoked permits issued to…

Sec. 34. An operator who has forfeited a bond may not receive a permit unless: (1) the land for which the bond was forfeited has been reclaimed without cost to the state; or (2) the operator has paid to the department the amount that the commission finds is adequate to reclaim th…

Sec. 35. The commission: (1) may refuse to issue a permit to an operator whose permit the commission has repeatedly suspended for noncompliance or violation of: (A) this chapter; or (B) IC 13-4-6 (before its repeal); and (2) shall refuse to issue a permit to an operator whose per…

[Pre-1995 Recodification Citation: 13-4-6-11.] As added by P.L.1-1995, SEC.29. Repealed by P.L.66-2006, SEC.30.

Sec. 37. (a) A person who violates or fails to comply with section 14, 15, 26, or 27 of this chapter (including a person who fails to comply with a rule of the commission or order of the director adopted or issued in connection with these sections) commits a Class A infraction. (…

Sec. 4. As used in this chapter, "affected area" means the area of land: (1) from which overburden has been removed; (2) upon which cast overburden, mining refuse, or a mineral has been deposited; and (3) that is disturbed incidental to an operation. [Pre-1995 Recodification Cita…

Sec. 5. As used in this chapter, "cast overburden" means a bank or deposit of overburden after removal from the overburden's natural state. [Pre-1995 Recodification Citation: 13-4-6-2(e).] As added by P.L.1-1995, SEC.29.

Sec. 6. As used in this chapter, "mineral" means coal, clay, or shale, including oil shale. [Pre-1995 Recodification Citation: 13-4-6-2(g).] As added by P.L.1-1995, SEC.29.

Sec. 7. As used in this chapter, "mining refuse" means all waste material directly connected with the cleaning and preparation of substances mined by surface mining. [Pre-1995 Recodification Citation: 13-4-6-2(p).] As added by P.L.1-1995, SEC.29.

Sec. 8. As used in this chapter, "operation" means the premises, facilities, nonpublic roads, and equipment used in the process of producing minerals from a surface mine. [Pre-1995 Recodification Citation: 13-4-6-2(i).] As added by P.L.1-1995, SEC.29. IC 14-36-1-9 "Operator" defi…

Sec. 1. A permit, a bond, or an alternative security for a permit issued for a well for oil and gas purposes in force after June 30, 1988, is governed by this article. [Pre-1995 Recodification Citation: 13-8-1-2.] As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.1.

Sec. 2. A person who was issued a federal permit for a Class II well may continue to operate the Class II well after June 30, 1988. Continued operation of a Class II well after June 30, 1988, subjects the person to: (1) this article; and (2) rules adopted under this article. [Pre…

Class II well under Subpart C of Underground Injection Control Program Sec. 3. If a Class II well is authorized under Subpart C of the Underground Injection Control Program (40 CFR 144.21 through 144.28) in effect January 1, 1988, any federal terms or conditions placed on an owne…

with permit issued under Subpart D of Underground Injection Control Program Sec. 4. The terms of a federal permit issued under Subpart D of the Underground Injection Control Program (40 CFR 144.31 through 144.41) in effect January 1, 1988, bind the owner or operator and may be en…

Sec. 5. This article does not apply to methane ventilation governed under an approved federal Mine Safety and Health Administration coal mine ventilation plan. As added by P.L.140-2011, SEC.3.

Sec. 1. As used in this chapter, "commence to drill a well" means the institution of work in good faith with drilling equipment adequate for the drilling of a well to a depth that will reasonably test the oil and gas productiveness of the public land where the well is commenced. …

Sec. 10. Every permittee has the option of surrendering a permit at any time and is relieved of all liability under the permit except for physical damage to the premises embraced by the permit that has been caused by the permittee's operations. [Pre-1995 Recodification Citation: …

Sec. 11. (a) A permittee is, at any time during the life of the permit or upon the termination of the permit, entitled to a lease for the extraction of petroleum from not to exceed one (1) section, or an equivalent area, of land to be selected by the permittee. (b) A lease under …

Sec. 12. (a) A petroleum lease other than a lease provided for in section 11 of this chapter may be granted in parcels as determined by the commission. (b) A lease granted under this section must be at a royalty of: (1) not less than twelve and one-half percent (12 1/2%) of all p…

Sec. 13. (a) All proceeds derived: (1) from or by virtue or by reason of a permit or lease executed or issued under this chapter; or (2) from or by reason of any operations under this chapter; shall, after deducting all costs incurred by the department, be paid to the treasurer o…

Sec. 14. (a) A petroleum lease may not be issued on land that has not been classified by the commission as proven territory. With regard to proven territory to which no permit holder is entitled to a lease, the commission shall, in areas to be determined by the commission, lease …

Sec. 15. (a) The commission may cancel any permit or lease issued under this chapter for: (1) nonpayment of royalties; or (2) nonperformance by the permittee or lessee of any provision or requirement of the permit or lease; if before the cancellation the commission mails to the p…

Sec. 16. Upon the expiration or forfeiture of a permit, a new permit covering the banks or any of the banks embraced by the expired or forfeited permit may not be issued for thirty (30) days following the date of expiration or forfeiture. If more than one (1) application for a pe…

Sec. 17. (a) If the commission finds it is in the best interest of the state for the production of petroleum, the state, a permittee, a lessee, an operator, or any person owning or controlling royalty or other interest in separate properties of the same producing or prospective p…