Sec. 4. (a) A permittee may, within one hundred twenty (120) days before expiration of the current permit, apply to the director for renewal of a permit for a period not to exceed the validity period provided for in section 1 of this chapter.

     (b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and IC 14-34-4-11, the director shall issue a renewal permit for the area within the existing permit unless it is established by opponents of the permit renewal and written findings are made by the director that any of the following conditions exist:

(1) The terms and conditions of the existing permit were not satisfactorily met.

(2) The present surface coal mining and reclamation operation does not comply with IC 14-34-10.

(3) The renewal request substantially jeopardizes the operator’s continuing responsibility on existing permit areas.

(4) The operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for a renewal requested in the application as well as an additional bond the director requires under IC 14-34-6.

(5) The permittee has not provided the director with required additional revised or updated information.

     (c) If an application for renewal of a valid permit includes a proposal to extend the surface coal mining and reclamation operation beyond the boundaries authorized in the existing permit, the part of the application for renewal that addresses new land areas is subject to the full standards applicable to new applications under this article.

[Pre-1995 Recodification Citation: 13-4.1-5-4.]

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