Section 312IAC25-7-22. Termination of jurisdiction

   (a) The director may terminate jurisdiction over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when the director determines, in writing, that, under the:

(1) interim program, all requirements imposed under 30 CFR Subchapter B, pursuant to IC 14-34, have been successfully completed; or

(2) permanent program, all requirements imposed under this article have been successfully completed or, where a performance bond was required, the director has made a final decision in accordance with 312 IAC 25-5-16 to release the performance bond fully.

  (b) Following a termination of jurisdiction under subsection (a), the director shall reassert jurisdiction under the applicable regulatory program over a site if it is demonstrated that the bond release or written determination referred to in subsection (a) was based upon fraud, collusion, or misrepresentation of a material fact. (Natural Resources Commission; 312 IAC 25-7-22; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3602, 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)