312 IAC 25-2-11 Exemption for coal extraction incidental to the extraction of other minerals; revocation and enforcement

Sec. 11. (a) The director shall conduct an annual compliance review of the mining area, utilizing the annual report submitted under section 12 of this rule, an on-site inspection, and any other information available to the director. (b) If the director has reason to believe that a specific mining area was not exempt under the provisions of sections 4 through 10 of this rule, this section, and section 12 of this rule at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the director shall notify the operator that the exemption may be revoked and the reasons therefor. The exemption will be revoked unless the operator demonstrates to the director, within thirty (30) days, that the mining area in question should continue to be exempt. (c) The following shall apply concerning revocation of an exemption: (1) If the director finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the director shall revoke the exemption and immediately notify the operator and any intervenors. If a decision is made not to revoke an exemption, the director shall immediately notify the operator and the intervenors, if any. (2) Any adversely affected person may request administrative review of a decision on whether to revoke an exemption within thirty (30) days of notification of such decision in accordance with IC 4-21.5-3-7. (3) A petition for administrative review filed under subdivision (2) shall not suspend the effect of a decision on whether to revoke an exemption. (d) The following are requirements for operators: (1) An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of this article that occurred prior to the revocation of the exemption. (2) An operator who does not conduct activities in accordance with the terms of an approved exemption and knows, or should know, that such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of this article that occurred during the period of such activities. (3) Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation standards of this article with regard to conditions, areas, and activities existing at the time of revocation or denial.