312 IAC 25-7-22 Termination of jurisdiction

Sec. 22. (a) The director may terminate jurisdiction over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when the director determines, in writing, that, under the: (1) interim program, all requirements imposed under 30 CFR Subchapter B, pursuant to IC 14-34, have been successfully completed; or (2) permanent program, all requirements imposed under this article have been successfully completed or, where a performance bond was required, the director has made a final decision in accordance with 312 IAC 25-5-16 to release the performance bond fully. (b) Following a termination of jurisdiction under subsection (a), the director shall reassert jurisdiction under the applicable regulatory program over a site if it is demonstrated that the bond release or written determination referred to in subsection (a) was based upon fraud, collusion, or misrepresentation of a material fact.