Indiana Code 14-36-1-15. Permit exemptions
Current as of: 2024 | Check for updates
|
Other versions
Sec. 15. (a) As used in this section, “pit” means a tract of land:
(2) where mine run mineral is being produced in the raw state.
(1) from which the overburden has been removed or is being removed; and
Terms Used In Indiana Code 14-36-1-15
- mineral: means coal, clay, or shale, including oil shale. See Indiana Code 14-36-1-6
- operation: means the premises, facilities, nonpublic roads, and equipment used in the process of producing minerals from a surface mine. See Indiana Code 14-36-1-8
- overburden: means the soil and other materials that lie above a mineral deposit. See Indiana Code 14-36-1-10
- reclamation: means the rehabilitation of the area of land affected by surface mining under an approved reclamation plan. See Indiana Code 14-36-1-11
(b) A person who engages in surface mining must have a permit from the commission designating the area of land affected by the operation unless at least one (1) of the following conditions exists:
(1) Minerals regulated under this chapter constitute not more than twenty-five percent (25%) of the total tonnage of materials being extracted from the pit and the materials are extracted for purposes of bona fide sale or commercial use.
(2) The overburden above the mineral seam is insufficient for reclamation under section 26 of this chapter.
[Pre-1995 Recodification Citations: 13-4-6-2(f); 13-4-6-5(a) part.]
As added by P.L.1-1995, SEC.29.