reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-9. Denial of Permit

Sec. 9. The department may refuse to issue a permit if an applicant or an officer, a partner, or a director of the applicant:
(1) is in violation of this article or would be in violation if the permit were issued; or
(2) controls or has controlled a well for oil and gas purposes and has demonstrated a pattern of willful violations of:
(A) this article; or
(B) IC 13-8 (before its repeal);
that have resulted in substantial damage to the environment indicating an intention not to comply with this article or IC 13-8 (before its repeal).
[Pre-1995 Recodification Citation: 13-8-5-9.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-10. Permit Continuance for Non-Class Ii Wells

Sec. 10. A permit for a well for oil and gas purposes, other than a permit for a Class II well, continues until:
(1) the well is plugged and abandoned;
(2) the well is converted to another type of well for oil and gas purposes; or
(3) the permit is revoked.
[Pre-1995 Recodification Citation: 13-8-5-10.]
As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-11. Expiration of Permit

Sec. 11. A permit for a well for oil and gas purposes expires one (1) year from the date of issuance unless the drilling of the well has commenced.
[Pre-1995 Recodification Citation: 13-8-5-11.]
As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-12. Permit Continuance for Class Ii Wells

Sec. 12. A permit for a Class II well continues until the well is plugged and abandoned, unless the permit is revoked, expired, or otherwise terminated.
[Pre-1995 Recodification Citation: 13-8-5-12.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-13. Emergency Permits

Sec. 13. (a) The director may issue an emergency permit for a well for oil and gas purposes if an imminent and substantial danger to the health of persons will result unless an emergency permit is granted. An emergency permit under this subsection is effective no longer than necessary to remove the danger.
(b) If a substantial and irretrievable loss of oil or natural gas resources will occur unless an emergency permit is granted, the director may issue an emergency permit for a well for oil and gas purposes if the following conditions exist:
(1) Timely application for a permit could not practicably have been made.
(2) Issuance of the permit does not violate a term of primary enforcement authority for Class II wells.
(c) An emergency permit under subsection (b) is effective not longer than ninety (90) days from issuance. However, if a permit application is submitted before expiration of the ninety (90) day period, the director may, subject to IC 4-21.5, extend the emergency permit until final agency action on the application.
(d) The director may issue an emergency permit for a well for oil and gas purposes if:
(1) a substantial delay in the production of oil or natural gas resources will occur unless an emergency permit is issued for a new injection well; and
(2) the permit will not violate a term of primary enforcement authority for Class II wells.
An emergency permit under this subsection may be issued only after a completed permit application has been submitted and is effective only until a final determination is made by the department on that application.
[Pre-1995 Recodification Citation: 13-8-5-13.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-14. Transfer Permits

Sec. 14. To transfer the ownership of a permit for a well for oil or gas purposes, a person must submit the following:
(1) A transfer fee of fifteen dollars ($15) payable to the department for each well. However, if an applicant submits more than fifty (50) applications simultaneously, the transfer fee for each application in excess of fifty (50) is ten dollars ($10).
(2) The name and mailing address of the seller and buyer on a form prescribed by the commission.
As added by P.L.186-2003, SEC.78.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-15. Violations

Sec. 15. (a) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against a person who violates section 1 or 2 of this chapter.
(b) A person who knowingly or intentionally violates section 1 or 2 of this chapter commits a Level 6 felony if the violation relates to the operation of a Class II well.
(c) A civil penalty assessed under this section shall be deposited in the oil and gas environmental fund established by IC 14-37-10-2.
As added by P.L.195-2014, SEC.38.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 5. Fee for Class Ii Wells › 14-37-5-1. Amount of Annual Fee

Sec. 1. (a) This section does not apply to a noncommercial gas well drilled on real estate owned by a resident of Indiana if:
(1) the deputy director has waived the bond described in IC 14-37-6;
(2) the owner submits written proof of financial responsibility; and
(3) the owner submits on a division form an agreement to maintain and abandon the well in accordance with IC 14-37.
The deputy director may require the agreement described in subdivision (3) to be recorded.
(b) An oil and gas well owner or operator must pay an annual fee that is based on the number of wells for oil and gas purposes for which the person has permits as of November 1 of each year. The total fees required are as follows:
(1) For one (1) permit, one hundred fifty dollars ($150).
(2) For two (2) through five (5) permits, three hundred dollars ($300).
(3) For six (6) through twenty-five (25) permits, seven hundred fifty dollars ($750).
(4) For twenty-six (26) through one hundred (100) permits, one thousand five hundred dollars ($1,500).
(5) For more than one hundred (100) permits, one thousand five hundred dollars ($1,500) plus fifteen dollars ($15) for each permit over one hundred (100).
(c) The annual fee required by subsection (b):
(1) applies to each well for oil and gas purposes in existence on November 1 of each year; and
(2) must be paid to the department not later than February 1 of the following year.
(d) The department shall deposit the fees collected under this section into the oil and gas environmental fund established by IC 14-37-10-2.
[Pre-1995 Recodification Citation: 13-8-6-1.]
As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 5. Fee for Class Ii Wells › 14-37-5-2. Amount of Annual Fee; Exception

Sec. 2. (a) Notwithstanding section 1(b) of this chapter, if the amount in the oil and gas environmental fund established by IC 14-37-10-2 is more than one million five hundred thousand dollars ($1,500,000) on November 1 of a year, the annual fee required by section 1 of this chapter must be reduced by seventy-five percent (75%). However, the department shall charge a fee of at least fifty dollars ($50).
(b) The fee required under subsection (a) remains in effect until the amount in the oil and gas environmental fund is less than one million dollars ($1,000,000) on November 1 of a year.
[Pre-1995 Recodification Citation: 13-8-6-2.]
As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 6. Bonding › 14-37-6-1. Bonds Required for Oil and Gas Well Applicants

Sec. 1. (a) Except as otherwise provided in this chapter, this section applies to the following:
(1) An applicant for a permit under this article who has never been granted a permit for a well for oil and gas purposes under this article.
(2) A person who has demonstrated a pattern of violation under this article within the previous two (2) years.
(3) A person who has failed to pay a civil penalty imposed under IC 14-37-13.
(4) A person who has failed to pay an annual fee required under IC 14-37-5.
(b) In addition to the annual fee required under IC 14-37-5, an applicant or a person described in subsection (a) shall execute and file with the department:
(1) a bond of two thousand five hundred dollars ($2,500) for each well;
(2) a bond in any amount if the number of wells does not exceed the number determined by dividing the principal amount of the bond by two thousand five hundred dollars ($2,500); or
(3) a blanket bond of forty-five thousand dollars ($45,000) for any number of wells.
[Pre-1995 Recodification Citation: 13-8-8-1.]
As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 6. Bonding › 14-37-6-2. Cash or Certificate of Deposit Instead of Bond

Sec. 2. Instead of the bond required by section 1 of this chapter, the department may accept cash or a certificate of deposit.
[Pre-1995 Recodification Citation: 13-8-8-2.]
As added by P.L.1-1995, SEC.30. Amended by P.L.32-2021, SEC.33.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 6. Bonding › 14-37-6-3. Duration of Bond

Sec. 3. Each blanket bond for wells created, modified, or acquired during the duration of a bond that was accepted by the commission before March 11, 1971, must be replaced by a new blanket bond in the amount of thirty thousand dollars ($30,000) before January 2, 2002. The new replacement bond remains in effect until:
(1) the:
(A) owner or operator plugs and abandons each well covered under the blanket bond in accordance with:
(i) this article; and
(ii) rules adopted under this article; and
(B) bond is released by the department; or
(2) a substitute bond is accepted by the department for each well secured by the blanket bond.
[Pre-1995 Recodification Citation: 13-8-8-3.]
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 6. Bonding › 14-37-6-4. Proof of Financial Ability to Abandon Noncommercial Natural Gas Well

Sec. 4. Instead of a bond required by section 1 of this chapter, the commission may require a well owner or operator to provide proof of financial ability to abandon a noncommercial natural gas well. The proof must be established by a financial statement and personal guaranty.
[Pre-1995 Recodification Citation: 13-8-8-4.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 6. Bonding › 14-37-6-5. Forfeiture of Bond or Alternative Security

Sec. 5. The director shall order forfeiture of a bond or alternative security provided under this chapter when a permit is revoked under IC 14-37-13.
[Pre-1995 Recodification Citation: 13-8-8-5.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 7. Drilling › 14-37-7-1. Documentation Required by Commission

Sec. 1. The commission may require a person drilling or modifying a well for oil and gas purposes to furnish the following:
(1) A copy of the driller's log and completion report of the well.
(2) A copy of any geophysical or instrumental log.
(3) Drill cuttings or cores.
(4) Other information required by rule.
[Pre-1995 Recodification Citation: 13-8-9-1.]
As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 7. Drilling › 14-37-7-2. Confidentiality of Records

Sec. 2. Upon written request by the operator, the department shall keep the records and materials submitted under section 1 of this chapter confidential for one (1) year from the date of completion. The records and materials become public records at the end of this period.
[Pre-1995 Recodification Citation: 13-8-9-2.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 7. Drilling › 14-37-7-3. Repealed

[Pre-1995 Recodification Citation: 13-8-9-3.]
As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.6. Repealed by P.L.140-2011, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 7. Drilling › 14-37-7-6. Owner's or Operator's Obligations for Plugging Operations Not Limited

Sec. 6. This chapter does not limit the obligation of an owner or operator for plugging operations under this article.
[Pre-1995 Recodification Citation: 13-8-9-6.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 7. Drilling › 14-37-7-7. Pollution of Drinking Water

Sec. 7. An owner or operator may not construct, operate, maintain, convert, plug, abandon, or conduct another injection activity in a manner that allows the movement of fluid containing pollution into an underground source of drinking water if the presence of the pollution may:
(1) cause a violation of a primary drinking water regulation under 40 CFR Part 142; or
(2) otherwise adversely affect the health of a person.
[Pre-1995 Recodification Citation: 13-8-9-7.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 7. Drilling › 14-37-7-8. Area Considered a Commercially Minable Coal Resource

Sec. 8. (a) The owner or lessee of coal or another person with an interest to develop a coal resource may file with the division an affidavit that:
(1) identifies by a map prepared by an engineer licensed under IC 25-31 or a geologist licensed under IC 25-17.6:
(A) the location of coal that the owner or lessee controls by deed, lease, or other instrument for later commercial production;
(B) the location of coal that is in an area targeted for later commercial production;
(C) the location of the coal seam or seams of interest; and
(D) the approximate depth of the coal seam or seams of interest; and
(2) states that the coal:
(A) can be mined using generally accepted underground mining practices; and
(B) is of sufficient quantity and quality to be commercially saleable.
(b) All coal in an area designated under subsection (a) is considered a commercially minable coal resource.
(c) An affidavit referred to in subsection (a) may be made before applying for permits for the actual mining of the commercially minable coal resource. The division shall:
(1) subject to subsection (e), keep the affidavit and map confidential; and
(2) use the affidavit and map solely for determining if a commercially minable coal resource is present in an area for which a permit application has been filed under IC 14-37.
(d) The division shall determine if the proposed well location is in an area underlain by coal identified in subsection (a) upon receipt of:
(1) a permit application referred to in subsection (c)(2); or
(2) an inquiry from a person interested in oil and gas explorations or drilling a well for oil and gas purposes.
(e) The name of the person who filed the map referred to in subsection (c) is not confidential.
As added by P.L.140-2011, SEC.10.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 7. Drilling › 14-37-7-9. Violations

Sec. 9. (a) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against an owner or operator who:
(1) violates section 4 or 7 of this chapter; or
(2) fails to comply with an order of the division under section 3.5 or 4 of this chapter.
(b) An owner or operator who knowingly or intentionally:
(1) violates section 4 or 7 of this chapter; or
(2) fails to comply with an order of the division under section 3.5 or 4 of this chapter;
commits a Level 6 felony if the violation or failure to comply relates to the operation of a Class II well.
(c) A civil penalty assessed under this section shall be deposited in the oil and gas environmental fund established by IC 14-37-10-2.
As added by P.L.195-2014, SEC.39.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-1. When Plugging and Abandonment Required; Violations

Sec. 1. (a) An owner or operator shall plug and abandon a well that:
(1) is completed as a nonproductive well;
(2) ceases to produce oil or natural gas; or
(3) is no longer operated for the purpose for which the well is permitted;
unless the owner or operator is authorized to delay the plugging and abandonment of the well under section 8 of this chapter.
(b) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against an owner or operator of a well who:
(1) ceases to operate the well; and
(2) knowingly fails to plug and abandon the well in violation of subsection (a).
(c) An owner or operator who knowingly or intentionally violates this section commits a Level 6 felony if the violation or failure to comply relates to the operation of a Class II well.
(d) A civil penalty assessed under this section shall be deposited in the oil and gas environmental fund established by IC 14-37-10-2.
(e) Each day that the well remains not plugged and not abandoned constitutes a separate violation of subsection (a).
[Pre-1995 Recodification Citation: 13-8-10-1.]
As added by P.L.1-1995, SEC.30. Amended by P.L.195-2014, SEC.40.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-2. Plugging Methods

Sec. 2. (a) Plugging methods must be approved by the commission and must permanently confine all oil, natural gas, and water in their original strata. Mud-laden fluid, cement, mechanical plugs, or other methods or materials approved by the director must be used singly or in combination.
(b) Subject to subsection (c), the commission shall adopt rules under IC 4-22-2 to prescribe plugging methods for wells that impact commercially minable coal resources.
(c) The plugging methods under subsection (b) do not apply to a well if the consent of the coal owner or coal lessee is granted under IC 14-37-4-8.5(d)(2).
[Pre-1995 Recodification Citation: 13-8-10-2.]
As added by P.L.1-1995, SEC.30. Amended by P.L.140-2011, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-3. Sealing and Capping of Wells

Sec. 3. An owner or operator of a well that:
(1) is required to be plugged under section 1 of this chapter; and
(2) is not converted under this chapter to another type of well for oil and gas purposes;
shall seal and cap the well at the casinghead until the plugging operations begin.
[Pre-1995 Recodification Citation: 13-8-10-3.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-4. Plugging a Well Immediately After Completion of Drilling Operations

Sec. 4. (a) This section applies to a well that is being plugged as a dry hole immediately following the completion of drilling or redrilling operations.
(b) Subject to subsection (c), an owner or operator must give verbal or written notice of intent to plug a well to an oil and gas inspector at least twelve (12) hours before beginning the plugging of the well under this chapter.
(c) Except as provided in subsection (d), an oil and gas inspector must be present during the plugging of a well.
(d) Subsection (c) does not apply if:
(1) the owner or operator notifies an oil and gas inspector under subsection (b);
(2) as part of the notice the owner or operator informs the oil and gas inspector of the plan for plugging the well; and
(3) the oil and gas inspector gives the owner or operator verbal or written approval of the plan.
[Pre-1995 Recodification Citation: 13-8-10-4.]
As added by P.L.1-1995, SEC.30. Amended by P.L.140-2011, SEC.12.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-4.2. Plugging of a Well

Sec. 4.2. (a) This section applies to the plugging of a well other than a well that is plugged under section 4 or 4.3 of this chapter.
(b) An owner or operator must give written notice of intent to plug a well to the department on a form provided by the department at least ten (10) days before beginning the plugging of the well under this chapter.
(c) The notice under subsection (b) must include a plan for plugging a well:
(1) that describes the specific methods that will be used; and
(2) that is sufficient to demonstrate compliance with the requirements of this chapter.
(d) The owner or operator may not begin the plugging of any well under this section until after receipt of written approval from the department of the plan referred to in subsection (c).
(e) The owner or operator shall give an oil and gas inspector verbal or written notice at least forty-eight (48) hours before the scheduled time to begin plugging operations on a well.
As added by P.L.140-2011, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-4.3. Emergency Plugging of a Well

Sec. 4.3. (a) This section applies to the plugging of a well other than a well referred to in section 4 of this chapter if an emergency or other urgent condition requires the immediate plugging of the well.
(b) An emergency condition exists if a well is found to be leaking or discharging oil, gas, or other fluids in quantities that are capable of:
(1) causing substantial harm to the environment; or
(2) posing an immediate threat to public health or safety.
(c) An urgent condition exists if delay in the plugging of a well will result in a substantial increase in the cost to plug the well due to impending weather or other conditions that are beyond the control of the owner or operator.
(d) An owner or operator may begin plugging a well under this chapter upon verbal approval from the division director or a designated representative of the division director.
(e) An oil and gas inspector must be present during the plugging of a well only if the presence of the inspector is required in the approval given under subsection (d).
As added by P.L.140-2011, SEC.14.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-4.4. Report of Well Plugging

Sec. 4.4. Not later than thirty (30) days after the completion of well plugging operations under this chapter, the operator shall submit a report of well plugging to the department describing in detail the specific methods used to plug the well. The report must:
(1) be on a form provided by the department; and
(2) include an affidavit that:
(A) certifies that the well was plugged in accordance with this chapter; and
(B) is signed by the person who performed the well plugging operations and the well owner or operator.
As added by P.L.140-2011, SEC.15.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-5. Repealed

[Pre-1995 Recodification Citation: 13-8-10-5.]
As added by P.L.1-1995, SEC.30. Repealed by P.L.140-2011, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-6. Repealed

[Pre-1995 Recodification Citation: 13-8-10-6.]
As added by P.L.1-1995, SEC.30. Repealed by P.L.140-2011, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-7. Redrilling and Replugging of Hole

Sec. 7. The director of the division of reclamation may require an owner or operator to redrill and replug a hole if the operator does not comply with section 4, 4.2, or 4.3 of this chapter.
[Pre-1995 Recodification Citation: 13-8-10-7.]
As added by P.L.1-1995, SEC.30. Amended by P.L.140-2011, SEC.16; P.L.127-2022, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-8. Delay or Deferral of Plugging and Abandonment of Well; Temporary Abandonment of Well

Sec. 8. (a) An owner or operator may delay the plugging and abandoning of a well that has been drilled, completed, and cased for production if the owner or operator satisfies the requirements for:
(1) deferring abandonment of the well under subsection (b); or
(2) temporarily abandoning the well under subsection (c).
(b) An owner or operator of a well may defer abandoning the well for not more than one (1) year, or any lesser period prescribed by the division, if the well conforms to the requirements of this article and rules adopted under this article. To defer abandoning a well under this subsection, the owner or operator of the well must notify the department in writing that the owner or operator intends to defer abandonment of the well. The notice must be given to the department not more than sixty (60) days after the later of the following:
(1) The date of the completion and casing of the well.
(2) The date on which the operation of the well is terminated.
(c) An owner or operator of a well may temporarily abandon the well if the well conforms to the requirements of this article and rules adopted under this article. To temporarily abandon a well under this subsection, the owner or operator must file with the division, on a form prescribed by the division, an application for temporary abandonment. The application must be filed not more than sixty (60) days after any of the following:
(1) The date on which the drilling of the well is completed.
(2) The date on which the operation of the well is terminated.
(3) The expiration of the period during which the owner or operator defers abandoning the well under subsection (b).
[Pre-1995 Recodification Citation: 13-8-10-8.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-9. Repealed

[Pre-1995 Recodification Citation: 13-8-10-9.]
As added by P.L.1-1995, SEC.30. Repealed by P.L.140-2011, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-10. Hearing on Oil or Gas Well Leaks

Sec. 10. Any person may request a hearing before the commission under IC 4-21.5 to consider whether a well for oil and gas purposes is:
(1) leaking or may leak a deleterious substance into an aquifer containing fresh water or onto the surface of the land; or
(2) allowing oil or gas from the well to escape into the atmosphere.
[Pre-1995 Recodification Citation: 13-8-10-10.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-11. Notice of Proceedings to Persons Responsible for Plugging and Abandoning Wells

Sec. 11. Each person who is responsible for plugging and abandoning a well shall be notified of a proceeding under section 10 of this chapter.
[Pre-1995 Recodification Citation: 13-8-10-11.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-12. Orders to Remedy Conditions Causing Environmental Harm

Sec. 12. The commission may order any responsible person to:
(1) plug and abandon;
(2) replug; or
(3) repair;
a well to remedy a condition found to cause environmental harm or waste.
[Pre-1995 Recodification Citation: 13-8-10-12.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-13. Authorization for Department or Person to Enter Land to Perform Remedial Action

Sec. 13. (a) If after thirty (30) days from the service of an order under section 12 of this chapter the well has not been properly:
(1) plugged and abandoned;
(2) replugged; or
(3) repaired;
the commission may authorize the department or another person to enter upon the land where the well is located and to remedy the condition.
(b) A person who acts in accordance with an authorization under this section is not liable for damages resulting from operations reasonably necessary or proper to plug, abandon, replug, or repair the well, except for damages to growing crops and improvements.
[Pre-1995 Recodification Citation: 13-8-10-13.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-14. Limited Liability of Person Plugging, Abandoning, Replugging, or Repairing Well Under Commission Authorization

Sec. 14. (a) A person who plugs, abandons, replugs, or repairs a well under an order or authorization entered under this chapter:
(1) does not assume responsibility for future remedial action on the well; and
(2) is not liable for conditions subsequently arising with respect to the well.
(b) A person who remedies or attempts to remedy a condition under this chapter does not by that action admit liability for:
(1) the condition; or
(2) damages resulting from the condition.
[Pre-1995 Recodification Citation: 13-8-10-14.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-15. Expenses of Remedial Action

Sec. 15. A person:
(1) who has no obligation to plug, abandon, replug, or repair a well; but
(2) who does so under section 12, 13, 14, or 16 of this chapter;
may recover in a civil action against any responsible person the reasonable expenses of the remedial action or may apply to the oil and gas environmental fund under IC 14-37-10 to recover the reasonable expenses of the remedial action.
[Pre-1995 Recodification Citation: 13-8-10-15.]
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-16. Temporary Action Prior to Remedial Action

Sec. 16. The director may enter an order under IC 4-21.5-4 to provide temporary action to prevent or minimize injury that may occur before remedial action is performed under section 12 or 13 of this chapter if the director determines that substantial injury would otherwise result.
[Pre-1995 Recodification Citation: 13-8-10-16.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-17. Repealed

[Pre-1995 Recodification Citation: 13-8-10-17.]
As added by P.L.1-1995, SEC.30. Repealed by P.L.80-2005, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 8. Plugging and Abandonment › 14-37-8-18. Violations

Sec. 18. (a) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against an owner or operator who:
(1) violates; or
(2) fails to comply with an order of the division in relation to;
section 3, 4, or 4.2 of this chapter.
(b) An owner or operator who knowingly or intentionally:
(1) violates; or
(2) fails to comply with an order of the division in relation to;
section 3, 4, or 4.2 of this chapter commits a Level 6 felony if the violation or failure to comply relates to the operation of a Class II well.
(c) A civil penalty assessed under this section shall be deposited in the oil and gas environmental fund established by IC 14-37-10-2.
As added by P.L.195-2014, SEC.41.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 9. Integration and Forced Pooling › 14-37-9-1. Agreement to Integrate Interests; Commission Requiring Integration

Sec. 1. (a) If at least two (2) separately owned tracts of land are located:
(1) within an established drilling unit; or
(2) within a pool or part of a pool suitable for secondary recovery methods;
the owners of the separate tracts may agree to integrate their interests and to develop their land as a drilling unit.
(b) If the owners of separate tracts of land do not agree to integrate their interests, the commission shall, for the prevention of waste or to avoid the drilling of unnecessary wells, require the owners to integrate their interests and to develop the land as a drilling unit.
[Pre-1995 Recodification Citation: 13-8-11-1.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 9. Integration and Forced Pooling › 14-37-9-2. Order for Integration

Sec. 2. An order for integration issued under this chapter must be based upon reasonable terms that give the owner of each tract an equitable share of oil and natural gas in the unit or pool. The part of the production allocated to the owner of each tract shall be considered as if produced from a well drilled on that tract. The commission may not limit well production under this chapter.
[Pre-1995 Recodification Citation: 13-8-11-2.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 9. Integration and Forced Pooling › 14-37-9-3. Costs of Production From Integrated Well

Sec. 3. (a) As used in this section, "field" means a group of pools that are related to a single geologic feature by structure or stratigraphy.
(b) If an integration order is entered, the operator may assess each interested owner for the actual reasonable expenditures required in development and operations, including charges for supervision.
(c) The operator is entitled to receive the first production from a well that otherwise would be credited to the other owners of the integrated interests, so that the proportionate share owed by the other owners for expenditures under this chapter is paid to the operator from production.
(d) The value of the production shall be calculated at the market price in the field when the production is received by the operator or placed to the credit of the operator.
[Pre-1995 Recodification Citations: 13-8-2-11; 13-8-11-3.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 9. Integration and Forced Pooling › 14-37-9-4. Deputies

Sec. 4. The commission shall determine any dispute that arises under this chapter.
[Pre-1995 Recodification Citation: 13-8-11-4.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 10. Oil and Gas Environmental Fund › 14-37-10-1. "Fund" Defined

Sec. 1. As used in this chapter, "fund" refers to the oil and gas environmental fund established by this chapter.
[Pre-1995 Recodification Citation: 13-8-12-1 part.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 10. Oil and Gas Environmental Fund › 14-37-10-2. Establishment and Administration of Fund

Sec. 2. The oil and gas environmental fund is established. The department shall administer the fund.
[Pre-1995 Recodification Citation: 13-8-12-1 part.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 10. Oil and Gas Environmental Fund › 14-37-10-3. Deposits in Fund

Sec. 3. The following shall be deposited in the fund:
(1) Annual fees for oil and gas wells received under IC 14-37-5.
(2) Accrued interest and other investment earnings of the fund.
(3) Civil penalties collected under IC 14-37.
(4) Bonds forfeited under IC 14-37-13-2.
(5) Gifts, grants, donations, or appropriations from any source.
[Pre-1995 Recodification Citation: 13-8-12-2.]
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.3; P.L.48-2002, SEC.5; P.L.151-2012, SEC.31; P.L.195-2014, SEC.42.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 10. Oil and Gas Environmental Fund › 14-37-10-4. Amount of Money in Fund; Investments; Transfer to State General Fund

Sec. 4. (a) Except as provided in subsection (d), money in the fund does not revert to the state general fund at the end of a state fiscal year.
(b) The total amount of money in the fund may not exceed one million five hundred thousand dollars ($1,500,000). Any amount of money in the fund exceeding one million five hundred thousand dollars ($1,500,000) on November 1 of a year reverts to the oil and gas fund established by IC 6-8-1-27. The fund must maintain a balance of at least five hundred thousand dollars ($500,000) as a surety fund for operators who are not required to execute a bond under IC 14-37-6-1. Expenditures that would reduce the fund below five hundred thousand dollars ($500,000) must be approved by the budget agency.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) If the fund is abolished, all money in the fund is transferred to the state general fund.
(e) The expenses of administering the fund shall be paid from money in the fund. However, the department may not expend more than five percent (5%) of the money in the fund for administering the fund each state fiscal year.
[Pre-1995 Recodification Citation: 13-8-12-3.]
As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 10. Oil and Gas Environmental Fund › 14-37-10-5. Appropriations; Emergency Expenditures

Sec. 5. (a) Money paid into the fund shall be appropriated for the following purposes:
(1) To supplement the cost required to abandon a well that has had a permit revoked under IC 14-37-13-1.
(2) To cover the costs of remedial plugging and repairing of wells under IC 14-37-8, including the expenses of remedial action under IC 14-37-8-15.
(3) To cover the cost to:
(A) mitigate environmental damage; or
(B) protect public safety against harm;
caused by a well regulated under this article.
(4) Pipeline safety.
(b) The director may make expenditures from the fund for emergency purposes under section 6 of this chapter without the prior approval of the budget agency or the governor. An expenditure under this subsection may not exceed fifty thousand dollars ($50,000).
(c) The director may establish a program to reimburse an applicant for the reasonable expenses of remedial action incurred under IC 14-37-8-15. The director may make expenditures from the fund for this purpose and may establish any necessary guidelines and procedures to administer the program.
[Pre-1995 Recodification Citation: 13-8-12-4.]
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.4; P.L.150-2011, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 10. Oil and Gas Environmental Fund › 14-37-10-6. Exhausting Other Sources of Funding Before Seeking Appropriation

Sec. 6. The department shall make a reasonable effort to exhaust any other sources of funding available for the purposes described in section 5 of this chapter before seeking an appropriation from the fund. If, however, a delay in:
(1) plugging and repairing a well; or
(2) mitigating environmental damage as provided under section 5 of this chapter;
poses a hazard to health, safety, or the environment, the department may seek an immediate appropriation from the fund.
[Pre-1995 Recodification Citation: 13-8-12-5.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 10. Oil and Gas Environmental Fund › 14-37-10-7. Liability of Responsible Person

Sec. 7. (a) An expenditure made from the fund under this chapter does not release a responsible person from liability for the purposes described in section 5 of this chapter.
(b) The department may seek reimbursement for expenses incurred under this chapter from a responsible person.
[Pre-1995 Recodification Citation: 13-8-12-6.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 11. Waste › 14-37-11-1. Waste Prohibited

Sec. 1. Except as provided in this chapter, waste is prohibited.
[Pre-1995 Recodification Citation: 13-8-13-1.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 11. Waste › 14-37-11-2. Burning Natural Gas

Sec. 2. An owner or operator of a well producing both oil and natural gas may burn the natural gas in flares if there is not a market for the natural gas.
[Pre-1995 Recodification Citation: 13-8-13-2.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 11. Waste › 14-37-11-3. Burning Coal Bed Methane

Sec. 3. The owner or operator of a coal mine may burn in flares the coal bed methane produced from a coal bed methane well if either or both of the following apply:
(1) The burning is necessary to protect coal miners' safety.
(2) It is not economical to market the coal bed methane.
As added by P.L.140-2011, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 11. Waste › 14-37-11-4. Violations

Sec. 4. (a) An owner or operator who violates section 1 of this chapter commits a Class B infraction.
(b) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against an owner or operator who violates section 1 of this chapter.
(c) An owner or operator who knowingly or intentionally violates section 1 of this chapter commits a Level 6 felony if the violation concerns the operation of a Class II well.
(d) A civil penalty assessed under this section shall be deposited in the oil and gas environmental fund established by IC 14-37-10-2.
As added by P.L.195-2014, SEC.43.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 12. Violations › 14-37-12-1. Inspector's Entry Onto Property to Determine Violations of Article

Sec. 1. An oil and gas inspector and any person authorized by the commission may at any reasonable time enter upon public or private property where a well for oil and gas purposes is being drilled or has been drilled to determine if there is a violation of:
(1) this article; or
(2) the rules adopted under this article.
[Pre-1995 Recodification Citation: 13-8-7-1.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 12. Violations › 14-37-12-2. Written Notice of Violation

Sec. 2. The department may issue a written notice of violation if a person violates:
(1) this article; or
(2) a rule adopted under this article.
[Pre-1995 Recodification Citation: 13-8-14-1.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 12. Violations › 14-37-12-3. Contents of Notice of Violation

Sec. 3. A notice of violation under this chapter is subject to IC 4-21.5-3-6. The notice must include the following:
(1) The nature of the violation.
(2) What action is appropriate to abate the violation.
(3) The date by which the violation must be abated.
(4) The procedure to obtain administrative review if the owner or operator is aggrieved by issuance of the notice of violation.
[Pre-1995 Recodification Citation: 13-8-14-2.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 12. Violations › 14-37-12-4. Effectiveness; Administrative Review

Sec. 4. A notice of violation issued under this chapter becomes effective without a proceeding under IC 4-21.5-3 unless a person requests administrative review under IC 4-21.5-3-6 within thirty (30) days of issuance.
[Pre-1995 Recodification Citation: 13-8-14-3.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 12. Violations › 14-37-12-5. Penalties; Permit Revocation

Sec. 5. An owner or operator who fails to abate a violation in a timely manner is liable for the following:
(1) A civil penalty.
(2) Permit revocation under IC 14-37-13.
[Pre-1995 Recodification Citation: 13-8-14-4.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 13. Penalties › 14-37-13-1. Permit Revocation

Sec. 1. The commission may revoke a permit issued under this article if the commission finds any of the following:
(1) The permit was issued through fraud or misrepresentation.
(2) The owner or operator has violated:
(A) this article; or
(B) a rule adopted under this article.
(3) The information or conditions upon which a permit was issued have substantially changed since issuance.
(4) The operation of a well for oil and gas purposes is polluting the water or land in Indiana.
(5) The owner or operator has been issued a notice of violation under IC 14-37-12 and has failed to do at least one (1) of the following:
(A) Abate the violation within the prescribed period.
(B) Secure in writing from the division an extension of time in which to abate the violation before the expiration of the period established for abatement.
(C) Request a proceeding under IC 4-21.5-3-6 within:
(i) thirty (30) days after receipt of the notification; or
(ii) the period provided by the division for abatement;
whichever is longer.
[Pre-1995 Recodification Citation: 13-8-15-1.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 13. Penalties › 14-37-13-2. Action Following Revocation of Permit

Sec. 2. (a) If a permit is revoked under this chapter, the commission may do either of the following:
(1) Order the owner or operator to plug and abandon the well.
(2) Plug and abandon the well.
(b) The revocation of a permit under this chapter does not relieve the owner or operator of the well to which the permit relates of the responsibility imposed by IC 14-37-8 for the plugging and abandonment of the well.
(c) If the commission elects to plug and abandon a well under subsection (a)(2), the commission may apply the bond or other security provided under:
(1) IC 14-37-6; or
(2) IC 13-8-8 (before its repeal);
to the costs of plugging and abandoning the well.
(d) If the commission elects to plug and abandon a well under subsection (a)(2), the owner or operator of the well remains liable for the costs of plugging and abandoning the well.
(e) The state has a lien on:
(1) the casing and all equipment located on or removed from the well site;
(2) the leasehold of the land upon which the well is located; and
(3) any crude oil stored on the well site or recovered at the time the well is plugged and abandoned;
to secure the cost of plugging and abandoning. Except as provided in subsection (f), the lien may be foreclosed on order of the commission in the name of the state of Indiana by the attorney general in a circuit or superior court having jurisdiction in any county where the land is located.
(f) If the commission elects to plug and abandon a well under subsection (a)(2), the commission may also enter an order authorizing its agents, employees, or contractors to dispose of:
(1) casing and all equipment located on or removed from the well site; and
(2) any crude oil stored on the well site or recovered;
at the time the well is plugged and abandoned. An inventory of the casing and all equipment and any crude oil shall be made, and the salvage or other reasonable market value of the casing and all equipment and any crude oil shall be applied as a credit to offset the actual cost incurred by the commission to plug and abandon the well.
[Pre-1995 Recodification Citation: 13-8-15-2.]
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.5.