312 IAC 25-10-3 - Fee payment
Authority: IC 14-34-2-1
Affected: IC 14-34-13
Sec. 3.
(a) Each
operator shall pay the reclamation fee concurrently with the federal
reclamation fee under the Federal Surface Mining Control and Reclamation Act of
1977 (
30 U.S.C. 1232 )
and not later than thirty (30) days after the end of each calendar quarter
beginning with the third calendar quarter of 1991.
(b) Each operator shall use a coal production
and reclamation fee report form (Form DOR-1), as set out in the Division of
Reclamation, Reclamation Fee Handbook, revised August 1991, developed by the
director to report the tonnage of coal produced and to calculate the
reclamation fee due during the applicable calendar quarter.
(c) Each quarterly report of coal production
shall be accompanied by a copy of OSM-1 and a check or money order made payable
to the department in the amount of the reclamation fee owed for that quarter.
Payments shall be made in person or mailed to the Jasonville office of the
division of reclamation. Wire transfer, if available, can be used for payment
of the reclamation fee, and the operator shall submit a copy of Form DOR-1
within five (5) days of the transfer.
(d) Operators failing to submit the required
report or to make reclamation fee payments by the thirtieth day after the end
of the calendar quarter will be subject to a notice of violation and civil
penalty assessments. Failure to comply with the terms of the notice of
violation will result in the issuance of a cessation order for the failure to
abate the notice of violation and an order to show cause why the permit should
not be suspended or revoked. Delinquent payments made shall be credited against
the civil penalty first, if assessed, and the reclamation fee second. Daily
civil penalty amounts may be assessed.
Notes
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