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Ind. Code § 14-34-6-14.6

Release of bond covering disturbed area

Applied in 1 court decision — leading case Utica Mutual Insurance v. Vigo Coal Co. (2004)

Most recently applied in Utica Mutual Insurance v. Vigo Coal Co. (December 2004)

As added by P.L.176-1995, SEC.7.

Sec. 14.6. (a) This section applies when an applicant or permittee submits a bond, deposit, or letter of credit covering an area that:

(1) has been disturbed by surface coal mining activities; and

(2) is covered by another bond, deposit, or letter of credit previously submitted by another permittee.

(b) Except as provided in subsection (c), in a situation described in subsection (a):

(1) the bond, deposit, or letter of credit previously submitted shall be released when the director accepts the bond, deposit, or letter of credit submitted by the applicant or permittee; and

(2) the bond, deposit, or letter of credit submitted by the applicant or permittee:

(A) is subject to the standards set forth in sections 7 through 14 of this chapter; and

(B) may not be released under section 14.3 of this chapter.

(c) If two (2) or more persons who are applicants or permittees each file a bond, deposit, or letter of credit covering the same area, the persons may enter into a written agreement that allocates responsibility among the persons for the reclamation of the area. If the agreement is approved by the director, the agreement governs the respective responsibilities of the persons for the reclamation of the area.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.