Sec. 7. (a) After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or deposit. As part of the bond release application, the permittee must do the following:
(1) Submit copies of letters that the permittee has sent by certified mail to:
(A) adjoining property owners;
(B) local government bodies;
(C) planning agencies;
(D) sewage and water treatment authorities; or
(E) water companies;
in the county in which the surface coal mining and reclamation operation is located notifying the entities of the bond release application.
(2) Within thirty (30) days after filing the bond release application, submit a copy of an advertisement placed at least one (1) time a week for four (4) successive weeks in a newspaper of general circulation in the county in which the surface coal mining and reclamation operation is located. The advertisement must contain the following:
(A) A notification of the precise location of the land affected.
(B) The number of acres.
(C) The permit and the date of approval.
(D) The amount of the bond filed and the part sought to be released.
(E) The type and appropriate dates of reclamation work performed.
(F) A description of the results achieved relating to the operator's approved reclamation plan.
(b) The director may initiate an application for the release of a bond. If a bond release application is initiated by the director, the department shall perform the notification and certification requirements otherwise imposed on the permittee under this section and section 8 of this chapter. However, the department may provide notice by publication under subsection (a)(2):
(1) with each publication of notice in the newspaper described in subsection (a)(2); or
(2) with the first publication of notice in the newspaper described in subsection (a)(2) and the three (3) subsequent publications of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county in which the surface coal mining and reclamation operation is located.
[Pre-1995 Recodification Citation: 13-4.1-6-7(a).]
As added by P.L.1-1995, SEC.27. Amended by P.L.71-2004, SEC.26; P.L.152-2021, SEC.24.