312 IAC 25-4-41 Surface mining permit applications; reclamation and operations plan; existing structures

Sec. 41. (a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include the following: (1) Location. (2) Plans or photographs of the structure that describe or depict its current condition. (b) Structures in existence prior to the implementation of this permanent program under IC 14-34-1 shall meet the performance standards of IC 14-34-10, IC 14-34-11, and 312 IAC 25-6-5 through 312 IAC 25-6-132; however, when the operator demonstrates in the application for a permit that immediate compliance is not practicable because of conditions not within the control of the operator, such as: (1) a strike; (2) an act of God; (3) equipment availability; (4) weather; or (5) force majeure; the director may approve a schedule for modification of existing structures that achieves compliance with 312 IAC 25-6-5 through 312 IAC 25-6-132 within a reasonable period of time.