Section 14-34-15-7 - Permit suspension or revocation(a) As used in this section, "unwarranted failure to comply" means the failure of a permittee to: (1) prevent the occurrence of a violation of: (A) the permittee's permit; or(B) a requirement of this article; or(2) abate a violation of:(B) this article; due to indifference, lack of diligence, or lack of reasonable care.
(b) If, on the basis of an inspection, the director determines that:(1) a pattern of violations of the requirements of:(A) this article or IC 13-4.1 (before its repeal);(B) the rules adopted under IC 14-34-2-1 or IC 13-4.1-2-1 (before its repeal); or(C) permit conditions required by this article or IC 13-4.1 (before its repeal); exists or has existed; and
(2) the violations: (A) are caused by the unwarranted failure of the permittee to comply with:(i) the requirements of this article or IC 13-4.1 (before its repeal);(ii) the rules adopted under IC 14-34-2-1 or IC 13-4.1-2-1 (before its repeal); or(iii) permit conditions required by this article or IC 13-4.1 (before its repeal); or(B) are willfully caused by the permittee; the director shall issue an order of permit suspension or revocation and shall provide opportunity for a public hearing under subsection (d).
(c) An order issued under: (2) IC 13-4.1-11-6 (before its repeal); is subject to IC 4-21.5-3-6 and becomes an effective and final order of the commission without a proceeding if a request for review of the order is not filed with the director within thirty (30) days after the order is served upon the permittee.
(d) If a hearing is requested under IC 4-21.5-3-7, the director shall conduct the hearing in accordance with IC 4-21.5. The director shall notify all interested parties of the time, place, and date of the hearing.(e) In a hearing requested under IC 4-21.5-3-7, the director has the burden of going forward with evidence demonstrating that the permit in question should be suspended or revoked. This burden is satisfied if the director establishes a prima facie case that:(1) a pattern of violations of the requirements of:(A) this article or IC 13-4.1 (before its repeal);(B) the rules adopted under IC 14-34-2-1 or IC 13-4.1-2-1 (before its repeal); or(C) permit conditions required by this article or IC 13-4.1 (before its repeal); exists or has existed; and
(2) the violations were: (A) willfully caused by the permittee; or(B) caused by the unwarranted failure of the permittee to comply with the requirements of: (i) this article or IC 13-4.1 (before its repeal);(ii) the rules adopted under IC 14-34-2-1 or IC 13-4.1-2-1 (before its repeal); or(iii) a permit condition required by this article or IC 13-4.1 (before its repeal).(f) For the purposes of subsection (e), the unwarranted failure of the permittee to pay any fee required under this article or under IC 13.4.1 (before its repeal): (1) constitutes a pattern of violations; and(2) requires the permittee to show cause why the permit should not be suspended or revoked under this section.(g) If the director demonstrates in a hearing requested under IC 4-21.5-3-7 that the permit in question should be suspended or revoked, the permittee has the ultimate burden of persuasion to show cause why the permit should not be suspended or revoked. A permittee may not challenge the fact of any violation that is the subject of a final order of the director.(h) Within sixty (60) days after the conclusion of the hearing on the merits, the commission shall issue to the parties a final written decision. The final written decision must include the reasons for the determination of the commission on the suspension or revocation of the permit.(i) If the commission revokes a permit, the permittee shall do the following: (1) Immediately cease surface coal mining and reclamation operations on the permit area.(2) Complete reclamation within a time period set by the director. If reclamation is not completed within that time period, the permittee forfeits the applicable bond.Pre-1995 Recodification Citations: 13-4.1-1-3(13); 13-4.1-11-6.
As added by P.L. 1-1995, SEC.27.