Section 312IAC25-4-107. Special categories of mining; coal preparation plants not located within the permit area of a specific mine which were not regulated prior to the effective date of this rule

   (a) This section applies to a person who operates or intends to operate a coal preparation plant outside the permit area of a specific mine and who was not subject to this article before February 1, 1994.

  (b) No person shall operate a coal preparation plant after September 29, 1994, unless that person applies for a permit under section 106 of this rule by April 2, 1994.

  (c) Except as prohibited under IC 14-34-18-3 or 312 IAC 25-3-1, a person who operates a coal preparation plant that was not subject to this article before February 1, 1994, shall not continue to operate without a permit after September 29, 1994, unless:

(1) a permit application is timely filed under subsection (b); and

(2) the commission has not entered a final agency action under IC 4-21.5-1-6 with respect to issuance or denial of the permit.

(Natural Resources Commission; 312 IAC 25-4-107; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3484, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)