Section 312 IAC 25-4-41 - Surface mining permit applications; reclamation and operations plan; existing structuresAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 41.
(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include the following: (2) Plans or photographs of the structure that describe or depict its current condition.(b) Structures in existence prior to the implementation of this permanent program under IC 14-34-1 shall meet the performance standards of IC 14-34-10, IC 14-34-11, and 312 IAC 25-6-5 through 312 IAC 25-6-132; however, when the operator demonstrates in the application for a permit that immediate compliance is not practicable because of conditions not within the control of the operator, such as: (3) equipment availability;(5) force majeure; the director may approve a schedule for modification of existing structures that achieves compliance with 312 IAC 25-6-5 through 312 IAC 25-6-132 within a reasonable period of time.Natural Resources Commission; 312 IAC 25-4-41; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3453, 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-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA