Sec. 273. "Surface coal mining operations", for purposes of IC 14-34 and IC 14-36-2, means the following:

(1) Activities conducted on the surface of land in connection with a surface coal mine or, subject to the requirements of IC 14-34-11, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. The activities include the following:

(A) Excavation for the purpose of obtaining coal, including common methods such as contour, strip, auger, hilltop removal, boxcut, open pit, and area mining.

(B) The extraction of coal from coal refuse piles.

(C) The use of explosives and blasting.

(D) In situ distillation or retorting, leaching, or other chemical or physical processing.

(E) The cleaning, concentrating, or other processing or preparation of coal.

(F) The loading of coal for interstate commerce at or near the mine site.

The activities do not include the extraction of coal incidental to the extraction of other minerals if coal does not exceed sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to IC 14-34-9.

(2) The areas upon which mining activities occur or where mining activities disturb the natural land surface. The areas include the following:

(A) Adjacent land for which the use is incidental to mining activities.

(B) All land affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of mining activities and for haulage.

(C) Excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which structures, facilities, or other property or materials on the surface resulting from or incident to mining activities are sited.

[Pre-1995 Recodification Citation: 13-4.1-1-3(12).]

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