Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 5 - Bonding Liability Insurance
Section 5-5 - Filing bonds; requirements
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC 14-34-10
Sec. 5.
(a) After a surface coal mining and reclamation permit application has been approved, but before such permit is issued, the applicant shall file with the department, on a form prescribed and furnished by the department, a bond or bonds for performance made payable, as appropriate, to "State of Indiana Department of Natural Resources", and conditioned upon the faithful performance of all the requirements of IC 14-34, this article, and the permit.
(b) The bond or bonds shall be filed with the department as follows:
(c) Performance bonds for surface disturbances of underground operations and other long term operations may be bonded for a period not less than the permit term; however, continuous bond coverage must be maintained during active operations and the applicable liability period, and the bond shall be conditioned to extend, replace, or pay the full amount of the bond one hundred twenty (120) days prior to the expiration of any bond term.
(d) An operator shall not disturb any surface areas, succeeding increments, or extend any underground shafts, tunnels, or operations prior to acceptance by the director of the required performance bond.
(e) The applicant shall file, with the approval of the director, a bond or bonds under one (1) of the following schemes to cover the bond amounts for the permit area as determined in accordance with section 8 of this rule: