Sec. 3. (a) As used in this section, “compensate” means to provide an amount equal to the full amount of the diminution in value resulting from the subsidence described in subsection (c)(1). The term includes the purchase, before the commencement of mining operations, of a noncancellable premium-prepaid insurance policy.

     (b) As used in this section, “repair” includes rehabilitation, restoration, and replacement.

     (c) The operator of an underground coal mining operation conducted after June 30, 1994, shall do the following:

(1) Promptly repair or compensate for material damage resulting from subsidence caused to:

(A) any occupied residential dwelling and any structure related to the occupied residential dwelling; or

(B) any noncommercial building;

due to the operator’s underground coal mining operation.

(2) Promptly replace any drinking, domestic, or residential water supply from a well or spring that:

(A) was in existence before the filing of the operator’s application for a surface coal mining and reclamation permit; and

(B) has been affected by contamination, diminution, or interruption resulting from the operator’s underground coal mining operation.

[Pre-1995 Recodification Citation: 13-4.1-9-2.5.]

As added by P.L.1-1995, SEC.27.