Chapter 1 General Provisions
Chapter 2 Regulatory Authority
Chapter 3 Permit Requirements
Chapter 4 Permit Approval or Denial
Chapter 5 Permit Terms
Chapter 6 Bonding
Chapter 7 Self-Bonding
Chapter 8 Bond Pool
Chapter 9 Coal Exploration
Chapter 10 Performance Standards
Chapter 11 Surface Effects of Underground Coal Mining
Chapter 12 Blasting
Chapter 13 Reclamation Fees
Chapter 14 Reclamation Division Fund
Chapter 15 Inspections, Monitoring, and Enforcement
Chapter 16 Penalties
Chapter 17 Judicial Review
Chapter 18 Designation of Land Unsuitable for Surface Coal Mining
Chapter 19 Abandoned Mines

Terms Used In Indiana Code > Title 14 > Article 34 - Surface Coal Mining and Reclamation

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • approximate original contour: means the surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including terracing or access roads:

    Indiana Code 14-34-10-1

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • bond pool: refers to the surface coal mine reclamation bond pool established by this chapter. See Indiana Code 14-34-8-1
  • collateral: means the actual or constructive deposit, as appropriate, with the director of one (1) or more of the following types of property in support of a self-bond:

    Indiana Code 14-34-7-0.5

  • committee: refers to the surface coal mine reclamation bond pool committee established by this chapter. See Indiana Code 14-34-8-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • comparative balance sheet: means item accounts from a number of the operator's successive yearly balance sheets arranged side by side in a single statement. See Indiana Code 14-34-7-0.6
  • comparative income statement: means an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement. See Indiana Code 14-34-7-0.7
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential: means information which has been so designated by statute or by promulgated rule or regulation based on statutory authority. See Indiana Code 4-1-6-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Data subject: means an individual about whom personal information is indexed or may be located under the individual's name, personal number, or other identifiable particulars, in a personal information system. See Indiana Code 4-1-6-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • fund: refers to the natural resources reclamation division fund established by this chapter. See Indiana Code 14-34-14-1
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • liabilities: means obligations to transfer assets or provide services to other entities in the future as a result of past transactions. See Indiana Code 14-34-7-1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal information: means any information that describes, locates, or indexes anything about an individual or that affords a basis for inferring personal characteristics about an individual including, but not limited to, the individual's education, financial transactions, medical history, criminal or employment records, finger and voice prints, photographs, or the individual's presence, registration, or membership in an organization or activity or admission to an institution. See Indiana Code 4-1-6-1
  • Personal information system: means any recordkeeping process, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject. See Indiana Code 4-1-6-1
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Personal property: All property that is not real property.
  • political subdivision: shall mean any county, township, city, and town. See Indiana Code 4-1-4-1
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State agency: means every agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government, except those which are the responsibility of the auditor of state, treasurer of state, secretary of state, attorney general, and excepting the department of state police and state educational institutions. See Indiana Code 4-1-6-1
  • Statute: A law passed by a legislature.
  • substantial legal and financial commitments in a surface coal mining operation: means significant investments that have been made on the basis of a long term coal contract in power plants, railroads, coal handling facilities, preparation facilities, extraction facilities, or storage facilities and other capital intensive activities, such as the following:

    Indiana Code 14-34-18-2

  • Surface Mining Control and Reclamation Act: means the federal Surface Mining Control and Reclamation Act of 1977 (30 U. See Indiana Code 14-34-7-2.5
  • tangible net worth: means :

    Indiana Code 14-34-7-3

  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.