312 Ind. Admin. Code 25-4-124

Current through May 29, 2024

Section 312 IAC 25-4-124 - Administrative and judicial review of improvidently issued permits; general procedures

Authority: IC 14-34-2-1

Affected: IC 4-21.5; IC 14-34

Sec. 124.

(a) If the director has reason to believe that a surface coal mining and reclamation permit was improvidently issued, the director shall review the circumstances under which the permit was issued, using the criteria in subsection (b). If the director finds the permit was improvidently issued, the director shall comply with subsection (c).

(b) The director shall find that a surface coal mining and reclamation permit was improvidently issued if:

(1) under the violations review criteria of the regulatory program at the time the permit was issued:

(A) the director should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or

(B) the permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued;

(2) the violation, penalty, or fee:

(A) remains unabated or delinquent; and

(B) is not the subject of a good faith appeal or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and

(3) where:

(A) the permittee was linked to the violation, penalty, or fee through ownership or control; or

(B) under the violations review criteria of the regulatory program at the time the permit was issued, an ownership or control link between the permittee and the person responsible for the violation, penalty, or fee still exists, or where the link was severed, the permittee continues to be responsible for the violation, penalty, or fee.

(c) If the director finds, under subsection (b), that, because of an unabated violation or a delinquent penalty or fee, a permit was improvidently issued, one (1) or more of the following remedial measures shall be used:

(1) Implement, with the cooperation of the permittee or other person responsible, and the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee.

(2) Impose on the permit a condition requiring the permittee or other person responsible to abate the violation in a reasonable period of time or pay the penalty or fee.

(3) Suspend the permit until the violation is abated or the penalty or fee is paid.

(4) Rescind the permit under section 125 of this rule.

312 IAC 25-4-124

Natural Resources Commission; 312 IAC 25-4-124; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3493, 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