Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 131. (a) The director shall, upon the basis of a complete application for renewal and completion of all procedures required under sections 129 and 130 of this rule, issue a renewal of a permit unless it is established and written findings by the director are made that:

1. (1) the terms and conditions of the existing permit are not being satisfactorily met;
2. (2) the present surface coal mining and reclamation operations are not in compliance with the environmental protection standards under IC 14-34 and 312 IAC 25-6;
3. (3) the requested renewal substantially jeopardizes the operator's continuing responsibility to comply with IC 14-34 and the regulations on existing areas;
4. (4) the operator has not provided evidence that any performance bond required to be in effect for the operations will continue in full force and effect for the proposed period of renewal, as well as any additional bond the director might require under 312 IAC 25-5; or
5. (5) any additional revised or updated information required by the director has not been provided by the applicant.

(b) In determining whether to approve or deny a renewal, the burden shall be on the opponents of renewal.

(c) The director shall send copies of the director's decision to the following:

1. (1) The applicant.
2. (2) Any persons who filed objections or comments to the renewal.
3. (3) Any persons who were parties to any informal conference held on the permit renewal.

(d) Any person having an interest that is or may be adversely affected by the decision of the director will have the right to administrative and judicial review set forth in sections 122 and 123 of this rule.

(Natural Resources Commission; 312 IAC 25-4-131; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3496, 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)