(1) fails to pay a fee or civil penalty under:

(B) this article; or

(C) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 through 1328); or

(2) receives a cessation order that is not abated.

     (b) If the final release of a bond has not been obtained within ten (10) years after the date of the last required report of the affected area for the permit, including new disturbances, the director may require the operator to:

(1) replace the bond pool liability with bonds acceptable under IC 14-34-6-1; and

(2) withdraw that operation from the bond pool.

If the operator fails to comply with the director’s order to withdraw a mine area from the bond pool, the director may suspend the operator from the bond pool.

     (c) An operator is not suspended from the bond pool if the director makes a written determination that mitigating circumstances are present that would not create an unreasonable risk to the bond pool if the operator’s participation continues.

     (d) An operator who is suspended from the bond pool shall cease all surface coal mining operations until the operator furnishes a new performance bond under IC 14-34-6-1 in an amount calculated under IC 14-34-6-2 for all disturbed areas and proposed additional mining areas under the permit. When the new performance bond has been executed, the bond pool has no additional liability for reclamation on any part of the area covered by the applicable permit.

[Pre-1995 Recodification Citation: 13-4.1-6.5-6.]

As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.29.