Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 116. (a) No application for a permit or revision that proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and the director finds, in writing, on the basis of information set forth in the complete application under section 41 of this rule that:

1. (1) the structure meets the performance standards of IC 14-34 and 312 IAC 25-6; and
2. (2) no significant harm to the environment or public health or safety will result from use of the structure.

(b) If the applicant demonstrates, and the director finds, that immediate compliance with the performance standards of 312 IAC 25-6 for any structure is not practicable, the director shall require the applicant to submit a compliance plan for modification or reconstruction of the structure and shall find prior to the issuance of the permit that:

1. (1) the modification or reconstruction of the structure will bring the structure into compliance with the design and performance standards of 312 IAC 25-6 as soon as possible, but not later than six (6) months after issuance of the permit;
2. (2) the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction; and
3. (3) the applicant will monitor the structure to determine compliance with the performance standards of 312 IAC 25-6.

(Natural Resources Commission; 312 IAC 25-4-116; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3490, 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)