Authority: IC 14-34-2-1

Affected: IC 14-36-1

Sec. 1. (a) Except as provided in subsection (b), no person shall conduct surface coal mining and reclamation operations on and after March 29, 1983, unless that person has first obtained a permanent program permit from the director under section 3 of this rule.

(b) A person conducting surface coal mining operations under an interim permit issued or amended by the commission in accordance with the requirements of IC 14-36-1, as amended, P.L. 159, Acts of 1978 and P.L. 331, Acts of 1981 or under an interim permit, the expiration of which has been extended by the commission, may conduct those operations beyond the term of such permit and beyond the period prescribed in subsection (a), if:

1. (1) not later than two (2) months following the approval of the Secretary of the United States Department of the Interior of this program, a complete application for a permanent program permit is filed with the director;
2. (2) the commission has not yet rendered a decision with respect to such permanent program application; and
3. (3) the operations are conducted in compliance with all terms and conditions of the interim permit, P.L. 159, Acts of 1978 and P.L. 331, Acts of 1981.

(Natural Resources Commission; 312 IAC 25-4-1; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3438, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)