312 Ind. Admin. Code 25-2-9

Current through May 29, 2024

Section 312 IAC 25-2-9 - Exemption for coal extraction incidental to the extraction of other minerals; conditions of exemption and right of inspection and entry

Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 9.

A person conducting activities covered by sections 4 through 7 of this rule, this section, and sections 10 through 12 of this rule shall do the following:

(1) Maintain on-site, or at other locations available to the director, information necessary to verify the exemption, including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the director.

(2) Notify the director upon the completion of the mining operation or permanent cessation of all coal extraction activities.

(3) Conduct operations in accordance with the approved application, or, if authorized to extract coal under section 5(b) or 5(e)(3) of this rule, before submittal or approval of an exemption application, under the standards of sections 4 through 8 of this rule, this section, and sections 10 through 12 of this rule.

(4) The director shall have the right to conduct inspections of any operation claiming an exemption under section 8 of this rule.

(5) The director shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials.

(6) The director may, at reasonable times and without delay, have access to and copy any records relevant to the exemption.

(7) The director shall have a right to gather physical and photographic evidence to document conditions, practices, or violations at a site.

(8) No search warrant is required with respect to any activity required under subdivisions (4) through (7), except that a search warrant may be required for entry into a building.

312 IAC 25-2-9

Natural Resources Commission; 312 IAC 25-2-9; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3431, 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 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA