Sec. 10. (a) Forfeiture of bonds of an operator participating in the bond pool shall be accomplished under IC 14-34-6-16. In addition to forfeiture, the director may proceed against the permittee of the surface coal mining operation by filing a civil action for injunctive or other relief in any court having jurisdiction to compel the permittee to perform the reclamation work in full compliance with this article, the rules adopted under this article, and the approved permit plans. The director may also file an action in any court having jurisdiction against the permittee to recover all money expended by the bond pool to accomplish the reclamation, including construction costs, engineering costs, administrative costs, and legal costs. In an action to recover these costs, the defendant may not do the following:

(1) Relitigate the facts giving rise to the forfeiture.

(2) Defend by claiming the forfeiture was improper.

     (b) A:

(1) proceeding under this section does not constitute a waiver by the director to proceed under other provisions of this article; and

(2) commencement of action under one (1) provision does not constitute an election to proceed solely under that provision.

     (c) Liability of participants in the bond pool for reclamation of areas disturbed by other operators is limited to fees paid into the bond pool under sections 5 and 8 of this chapter.

[Pre-1995 Recodification Citation: 13-4.1-6.5-10.]

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