Section 312 IAC 25-7-7 - Suspension or revocation of permitsAuthority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-15-7
Sec. 7.
(a) Except as provided in subsection (d), when the director determines that a pattern of violations of any requirements of IC 14-34, this article, or any permit conditions required by IC 14-34 exists or has existed, and that the violations were caused by the permittee willfully, or through unwarranted failure to comply with those requirements or conditions, the director shall issue an order to the permittee requiring the permittee to show cause why the permit and a right to mine under IC 14-34 should not be suspended or revoked and provide an opportunity for a public hearing under IC 4-21.5 and 312 IAC 3. Willful violation means an act or omission that violates IC 14-34, this article, or any permit condition required by IC 14-34 committed by a person who intends the result that actually occurs. Unwarranted failure to comply means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of IC 14-34 or this article, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or IC 14-34, due to indifference, lack of diligence, or lack of reasonable care. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee unless the permittee establishes that they were acts of deliberate sabotage.(b) The director may determine that a pattern of violations exists or has existed based on two (2) or more inspections of the permit area within any twelve (12) month period after considering the circumstances, including the following: (1) The number of violations, cited on more than one (1) occasion of the same or related requirements of IC 14-34, this article, or the permit.(2) The number of violations, cited on more than one (1) occasion, of different requirements of IC 14-34, this article, or the permit.(3) The extent to which the violations were isolated departures from lawful conduct.(c) The director shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of IC 14-34, this article, or the permit during three (3) or more inspections of the permit area within any twelve (12) month period. If, after such review, the director determines that a pattern of violations exists or has existed, the director shall issue a show cause order as provided in 312 IAC 3-1-5(b).(d) The director may decline to issue a show cause order or may dismiss an outstanding order if the director finds that, taking into account exceptional factors present in the particular case, it would be demonstrably unjust to issue or to fail to dismiss the show cause order. The basis for this finding shall be fully explained and documented in the records of the case.(e) If a hearing is requested on a show cause order under 312 IAC 3-1-5(d) through 312 IAC 3-1-5(h), the director shall give thirty (30) days written notice of the date, time, and place of the hearing to all interested persons and shall post the notice in the Indianapolis office and the field office of the division of reclamation. If practicable, the director shall also publish the notice, including a brief statement of the procedure for intervention, in a newspaper of general circulation published in the county in which the surface coal mining and reclamation operation is located. As used in this section, "published" refers to the process of composing, issuing, and distributing the newspaper to the public and does not refer only to the mechanical work of printing. If the operation lies within more than one (1) county, the advertisement shall be placed in one (1) newspaper in each county where the operation lies.(f) If the commission suspends or revokes a permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall do either of the following: (1) If the permit and the right to mine under IC 14-34 are suspended, complete all affirmative obligations to abate all conditions, practices, or violations as specified in the order.(2) If the permit and the right to mine under IC 14-34 are revoked, complete reclamation within the time specified in the order. If reclamation is not completed within that time period, the permittee forfeits the applicable bond.(g) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the director shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this section and shall issue an order to show cause as appropriate.Natural Resources Commission; 312 IAC 25-7-7; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3594, eff Dec 1, 2001; errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; 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