Sec. 7. (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:

(A) the permit; or

(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:

(1) subsection (b); or

(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.