Nonissuance of permit for violations of certain federal and state statutes

Sec. 8. (a) As used in this section, "applicant" or "operator" includes the following:

(1) The officers, partners, or directors of the applicant or operator.

(2) The officers, partners, or directors of applicants or operators under IC 14-36-1.

(b) The director may not issue a permit to an applicant if the director finds after a hearing conducted in accordance with IC 4-21.5-3 that the applicant or the operator specified in the application controls or has controlled surface coal mining operations with a demonstrated pattern of willful violations of:

(1) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328);

(2) this article or IC 13-4.1 (before its repeal);

(3) IC 14-36-1 or IC 13-4-6 (before its repeal); or

(4) any state statute enacted in response to P.L.95-87, the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328);

of a nature and duration and with the resulting irreparable damage to the environment that indicates an intent not to comply with this article, IC 13-4.1 (before its repeal), IC 14-36-1, or IC 13-4-6 (before its repeal).

[Pre-1995 Recodification Citation: 13-4.1-4-3(c).]

As added by P.L.1-1995, SEC.27.