reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 13. Penalties › 14-37-13-3. Injunction

Sec. 3. In addition to any civil penalty imposed for a violation of this article, the department may bring an action to enjoin the violator from continuing the violation.
[Pre-1995 Recodification Citation: 13-8-15-3.]
As added by P.L.1-1995, SEC.30. Amended by P.L.195-2014, SEC.44.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 13. Penalties › 14-37-13-4. Administrative Review; Effectiveness of Civil Penalty

Sec. 4. A civil penalty assessed under section 3 of this chapter is subject to IC 4-21.5-3-6 and becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review within thirty (30) days of notice of the assessment.
[Pre-1995 Recodification Citation: 13-8-15-4.]
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 › 14-37-13-5. Civil Action in Name of State to Restrain Person From Commencing or Continuing Violations

Sec. 5. The commission may bring a civil action in the name of the state of Indiana through the attorney general, in a circuit or superior court having jurisdiction in any county in which land involved is located or in which a person resides, to restrain the person from commencing or continuing to violate any of the following:
(1) This article.
(2) A rule adopted under this article.
(3) An order of the commission.
[Pre-1995 Recodification Citation: 13-8-15-5.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 13. Penalties › 14-37-13-7. Costs and Expenses

Sec. 7. If an order is issued:
(1) under this article or IC 13-8 (before its repeal); or
(2) as a result of any administrative proceeding under this article or IC 13-8 (before its repeal);
the court or the director may assess against any party to the proceeding the costs and expenses, including attorney's fees, reasonably incurred by that person with respect to the proceedings, including any judicial review of a final agency action. The director shall determine the amount of the costs and expenses.
[Pre-1995 Recodification Citation: 13-8-15-7.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-1. "Commence to Drill a Well" Defined

Sec. 1. As used in this chapter, "commence to drill a well" means the institution of work in good faith with drilling equipment adequate for the drilling of a well to a depth that will reasonably test the oil and gas productiveness of the public land where the well is commenced.
[Pre-1995 Recodification Citation: 14-4-3-1(1).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-2. "Person" Defined

Sec. 2. As used in this chapter, "person" means the following:
(1) A citizen of the United States.
(2) An individual who has, in good faith, declared the intention of becoming a citizen of the United States.
(3) An association of individuals described in subdivision (1) or (2).
(4) A corporation organized and existing under and by virtue of the laws of any state or territory of the United States and authorized to do business in Indiana.
[Pre-1995 Recodification Citation: 14-4-3-1(6).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-3. "Petroleum" Defined

Sec. 3. As used in this chapter, "petroleum" means any liquid or gaseous hydrocarbon occurring in nature beneath the surface of the earth.
[Pre-1995 Recodification Citation: 14-4-3-1(2).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-4. "Proven Territory" Defined

Sec. 4. As used in this chapter, "proven territory" means territory so situated with reference to known producing wells as to establish the general opinion that, because of the territory's relation to the producing wells, petroleum is contained in the territory.
[Pre-1995 Recodification Citation: 14-4-3-1(3).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-5. "Public Land" Defined

Sec. 5. As used in this chapter, "public land" means land and area belonging to or subsequently acquired by the state or any of the state's institutions. The term includes land of every kind and nature.
[Pre-1995 Recodification Citation: 14-4-3-1(4).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-6. Permit Issuance

Sec. 6. (a) The commission may enter into written contracts designating a person as the permittee of the state with the exclusive right to prospect and explore not to exceed three (3) sections, or an equivalent area, of the public land for the occurrence of petroleum. A contract must contain the conditions prescribed by the rules adopted by the commission under this chapter. A permit must be for a period of not more than one (1) year in the discretion of the commission. A permit shall be granted without cost, except:
(1) as provided in section 16 of this chapter; and
(2) that, if more than one (1) application for a permit is received with respect to the same public land, the commission shall grant the permit to the person offering the highest cash bonus.
(b) A permittee may, under a contract:
(1) enter in and upon the land; and
(2) prospect and explore the land to determine the occurrence of petroleum.
[Pre-1995 Recodification Citation: 14-4-3-2.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-7. No Permits Issued for Proven Territory

Sec. 7. A permit may not be issued upon public land classified by the commission as proven territory.
[Pre-1995 Recodification Citation: 14-4-3-3.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-8. Compensation of Landowners and State

Sec. 8. A permittee may not commence an operation upon land covered by a permit until the permittee has compensated the following:
(1) The owners of private rights in the land according to law.
(2) The state for damage to the surface rights of the state in accordance with the rules adopted by the commission.
[Pre-1995 Recodification Citation: 14-4-3-4.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-9. Prosecution of Operations With Reasonable Diligence

Sec. 9. A permit requires the immediate commencement of geological, geophysical, or core drilling operations. All operations shall be prosecuted with reasonable diligence in accordance with good oil field practice and must be continuous except when causes beyond the control of the permittee intervene and make continuous operations not feasible. Geological, geophysical, or core drilling operations may not include the actual operation of drilling for gas, oil, or other mineral deposits.
[Pre-1995 Recodification Citation: 14-4-3-5.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-10. Surrender of Permit

Sec. 10. Every permittee has the option of surrendering a permit at any time and is relieved of all liability under the permit except for physical damage to the premises embraced by the permit that has been caused by the permittee's operations.
[Pre-1995 Recodification Citation: 14-4-3-6.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-11. Permittee's Lease for Petroleum Extraction

Sec. 11. (a) A permittee is, at any time during the life of the permit or upon the termination of the permit, entitled to a lease for the extraction of petroleum from not to exceed one (1) section, or an equivalent area, of land to be selected by the permittee.
(b) A lease under subsection (a) must be at a royalty of:
(1) not more than twelve and one-half percent (12 1/2%) of all petroleum produced and saved from the lease; or
(2) the market value of the petroleum;
at the option of the commission.
(c) A lease must provide for an annual rental, payable in advance, of from one dollar ($1) to ten dollars ($10) per acre, as the commission determines. Rentals shall be credited against future royalties.
(d) A lease must be for a primary term of ten (10) years and as long thereafter as oil in commercial quality and commercial quantity can be produced from the land embraced in the lease.
(e) The form and terms of a lease must be the same as the standard commercial petroleum lease generally in use in the territory in which the oil, gas, or other petroleum deposits are located, with the additional terms provided in this chapter and the rules of the commission. If the conditions contained in a standard commercial lease conflict with this chapter, this chapter controls.
[Pre-1995 Recodification Citation: 14-4-3-7.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-12. Other Leases for Petroleum Extraction

Sec. 12. (a) A petroleum lease other than a lease provided for in section 11 of this chapter may be granted in parcels as determined by the commission.
(b) A lease granted under this section must be at a royalty of:
(1) not less than twelve and one-half percent (12 1/2%) of all petroleum produced and saved from the land covered by the lease; or
(2) the market value of the petroleum;
at the option of the commission.
(c) A lease must provide for an annual rental, payable in advance, of from one dollar ($1) to ten dollars ($10) per acre, as the commission determines. Rentals shall be credited against future royalties.
(d) A lease must be for a primary term of ten (10) years.
(e) The forms and terms of a lease must be the same as the standard commercial petroleum lease generally in use in the territory in which the oil, gas, or other petroleum products are located, with the additional terms provided in this chapter and the rules of the commission. If the conditions contained in a standard commercial lease conflict with this chapter, this chapter controls.
[Pre-1995 Recodification Citation: 14-4-3-8.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-13. Proceeds

Sec. 13. (a) All proceeds derived:
(1) from or by virtue or by reason of a permit or lease executed or issued under this chapter; or
(2) from or by reason of any operations under this chapter;
shall, after deducting all costs incurred by the department, be paid to the treasurer of state for the use of the division of the department having the custody, control, possession, or authority of or over the real property involved.
(b) Except as provided in subsection (c), the proceeds shall be deposited in the proper fund of the appropriate division of the department.
(c) Except as provided in subsection (d), the proceeds from royalties or other compensation paid for minerals taken from beneath the navigable waters of the state shall be deposited in the state general fund.
(d) The proceeds from royalties or other compensation paid for minerals taken from beneath the navigable waters of the Wabash River (as defined in IC 14-13-6-4) shall be deposited in the Wabash River heritage corridor fund established by IC 14-13-6-23.
[Pre-1995 Recodification Citation: 14-4-3-9.]
As added by P.L.1-1995, SEC.31. Amended by P.L.118-2009, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-14. Consideration for Leases

Sec. 14. (a) A petroleum lease may not be issued on land that has not been classified by the commission as proven territory. With regard to proven territory to which no permit holder is entitled to a lease, the commission shall, in areas to be determined by the commission, lease any of the land in the proven territory to the responsible person offering the greatest consideration for the lease if the person files with the commission five (5) days before:
(1) the opening of the sealed bids; or
(2) the auction;
as provided in this chapter, a bid bond in an amount fixed by the commission to guarantee the posting of a performance bond if the person is the successful bidder.
(b) To obtain the best possible consideration for a lease the commission may offer leases under the following conditions:
(1) The commission may call for competitive offers by prospective lessees as to the royalty rate to be included as a term of the lease. The commission may call for sealed bids as to the leases, but may temporarily reject all sealed bids and immediately offer the property for competitive bidding at public auction. If none of the bids received at public auction exceed the highest sealed bid received by the commission, the lease shall immediately be granted to the responsible person making the highest sealed bid.
(2) The commission may, with regard to any lease the commission offers, set a minimum acceptable royalty rate, which may not be less than twelve and one-half percent (12 1/2%) and call for competitive offers by prospective lessees for cash bonuses in addition to the set royalty provision. This competition may be conducted in the alternative manners provided for in subdivision (1).
(3) A permittee who qualifies for a lease of one (1) section, or an equivalent area, of the land embraced by the permittee's prospecting permit has a preferential right to leases on the remainder of the land embraced by the permittee's prospecting permit upon meeting the highest bid for royalty or bonus that the commission receives. The commission may reject any bid if the rejection of the bid of a permittee, if the permittee would otherwise be the successful bidder, is accompanied by a statement to the permittee of the reasons for the rejection.
[Pre-1995 Recodification Citation: 14-4-3-10.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-15. Cancellation of Permit or Lease

Sec. 15. (a) The commission may cancel any permit or lease issued under this chapter for:
(1) nonpayment of royalties; or
(2) nonperformance by the permittee or lessee of any provision or requirement of the permit or lease;
if before the cancellation the commission mails to the permittee or lessee by registered mail, addressed to the post office address of the permittee or lessee shown by the records of the office of the commission, a notice of intention to cancel the permit or lease specifying the default for which the permit or lease is subject to cancellation.
(b) If not later than thirty (30) days after the mailing of the notice to the permittee or lessee the permittee or lessee remedies the default specified in the notice, the commission may not cancel the permit or lease.
(c) If a cancellation occurs, all rights of the permittee or lessee under the permit or lease automatically terminate.
(d) Failure to pay fees required under a permit within the time prescribed automatically and without notice works a forfeiture of the permit and of all rights under the permit.
[Pre-1995 Recodification Citation: 14-4-3-11.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-16. Issuance of New Permit Following Expiration or Forfeiture

Sec. 16. Upon the expiration or forfeiture of a permit, a new permit covering the banks or any of the banks embraced by the expired or forfeited permit may not be issued for thirty (30) days following the date of expiration or forfeiture. If more than one (1) application for a permit covering any of the land is made during the thirty (30) day period, the commission shall issue a permit to the land to the person offering the greatest cash bonus for a permit at a public auction to be held at the time and place and in the manner that the commission prescribes by rule. The auction shall be held at any time after the expiration of the thirty (30) day period and the only notice is the entering in a book kept at the office of the commission for the purpose, date, place, and hour of the holding of the auction. The book is a public record.
[Pre-1995 Recodification Citation: 14-4-3-12.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-17. Agreement for Production From Same Petroleum Field

Sec. 17. (a) If the commission finds it is in the best interest of the state for the production of petroleum, the state, a permittee, a lessee, an operator, or any person owning or controlling royalty or other interest in separate properties of the same producing or prospective petroleum field may enter into agreement among each other, subject to the approval of the commission, for the following purposes:
(1) Cooperative exploration, development, and operation of all or a part of the field or exploration, development, or operation of all or part of the field as a pool or unit.
(2) Fixing the time, location, and manner of drilling.
(3) Regulating the location, sequence, and number of exploratory wells required for permits under unit operations and leases.
(4) Operating wells for the exploration of petroleum on state and private land.
(5) The apportionment of the petroleum between the state and the owners of land embraced within the field placed in the pool, taking into consideration the following:
(A) The relative character and geological nature of the tracts of land as far as the character and nature is reasonably ascertainable.
(B) The apparent probability of producing petroleum from all or any part of the land.
(6) All other apparent factors that tend to aid in arriving at a fair, just, and equitable participation by the state and the owners in the apportionment and distribution of the petroleum that is recovered and saved.
(b) The purpose of this section is to encourage the development and exploration of petroleum upon state land by and through the unit plan of development. If it is in the best interests of the state, the commission shall compel the adoption of unit plans of operation if state land is included in a productive pool. If the permittee or lessee of the land fails to agree upon a plan of unit operation acceptable to the commission, the commission may fix the terms of the unit plan. A permittee or lessee affected who fails to abide by the plan forfeits the permit or lease upon notice as provided in this chapter.
[Pre-1995 Recodification Citation: 14-4-3-13.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-18. Terms for Protection of Rights

Sec. 18. The commission may insert in a permit or lease issued under this chapter the terms that are customary and proper for the protection of the rights of:
(1) the state;
(2) the permittee or lessee; and
(3) the owner of the surface of the leased land;
not in conflict with this chapter.
[Pre-1995 Recodification Citation: 14-4-3-14.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-19. Adoption of Rules

Sec. 19. The commission may adopt rules under IC 4-22-2 to carry out this chapter.
[Pre-1995 Recodification Citation: 14-4-3-15.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-20. Well Not to Be Drilled Within 330 Feet of Property Boundaries

Sec. 20. (a) This section does not apply to the following:
(1) Shore lands.
(2) River beds.
(3) Lake beds.
(4) Submerged land.
(b) A lease of land containing petroleum made or issued under this chapter must contain a condition that a well may not be drilled within three hundred thirty (330) feet of any of the outer boundaries of the land held under permit or lease unless the right to petroleum in adjoining land is vested in private ownership.
[Pre-1995 Recodification Citation: 14-4-3-16.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-21. Right-of-Way Grants

Sec. 21. A person granted a permit or lease under this chapter has a right-of-way over public land, as provided by law, when necessary for the drilling, recovering, saving, and marketing of petroleum. Before a right-of-way grant becomes effective, the following must occur:
(1) A written application for and a plat showing the location of the right-of-way and the land necessary for the well site and drilling operations, with reference to adjoining land, must be filed with the commission.
(2) The commission shall appraise the timber on the right-of-way and the land necessary for the drilling operation and the person to whom the permit or lease is granted must pay for the timber.
[Pre-1995 Recodification Citation: 14-4-3-17.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-22. Development Considerations

Sec. 22. (a) After the issuance of a petroleum lease the lessee shall proceed to develop the petroleum in the land through the drilling of the wells that will efficiently extract the petroleum. The development must take into account the following:
(1) The productiveness of the producing horizon.
(2) The depth at which the producing horizon occurs.
(3) The average cost of wells.
(4) The market requirements obtaining at any given time.
(5) The maintenance of proper oil and gas ratios.
(b) The commission shall determine, either by rule or by inclusion in the terms of a lease, the rapidity and extent of development of the oil, gas, or other petroleum field covered by the lease.
[Pre-1995 Recodification Citation: 14-4-3-18.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-23. Offset Well

Sec. 23. (a) A lease must provide that the lessee shall drill an offset well to a well on adjoining land that:
(1) is within three hundred thirty (330) feet of an outer boundary of the land covered by the lease; and
(2) is producing petroleum in paying quantities and draining the land covered by the lease.
(b) The offset must be:
(1) started within ninety (90) days from the completion of the adjoining well; and
(2) drilled with due diligence to completion.
[Pre-1995 Recodification Citation: 14-4-3-19.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-24. Prospecting Permits or Leases

Sec. 24. (a) This section applies to an application for prospecting permits or leases for the following:
(1) Shore lands.
(2) River beds.
(3) Lake beds.
(b) The owner of the right to prospect for and develop and produce petroleum from the abutting land has a preferential right for thirty (30) days after the owner has received notice from the commission of the application for:
(1) a prospecting permit; or
(2) if petroleum has been discovered in commercial quantities in a structure underlying the abutting land, a lease;
for the part of the shore land, river bed, and lake bed that adjoins the abutting land upon the terms and conditions provided in this chapter, notwithstanding any acreage limitations provided in this chapter for permits and leases.
[Pre-1995 Recodification Citation: 14-4-3-20.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-25. Withholding Land for Prospecting or Lease

Sec. 25. This chapter does not require the commission to offer a tract of land for prospecting or lease. The commission may withhold a tract from prospecting or leasing for petroleum purposes if in the commission's judgment the best interest of the state will be served by so doing.
[Pre-1995 Recodification Citation: 14-4-3-21.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-26. Royalties

Sec. 26. (a) This section applies when a royalty is required to be paid under this chapter:
(1) for oil, at the option of the commission:
(A) at the mouth of the wells into tanks provided by the commission; or
(B) into the pipeline with which the wells are connected, to the commission's credit; and
(2) for gas, including casinghead gas or other gaseous substance.
(b) The lessee shall account to the commission for the market value of the oil or gas at the well for all that is sold by the lessee or used by the lessee in the manufacture of gasoline or other products. At the election of the commission, instead of delivering the royalty, when oil in kind, the lessee shall purchase the oil at the oil's market value at the well when produced.
[Pre-1995 Recodification Citation: 14-4-3-22.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 1. Petroleum Exploration on State Property › 14-38-1-27. Delegation of Powers

Sec. 27. The commission may delegate any powers granted in this chapter to any officers or employees of the commission.
[Pre-1995 Recodification Citation: 14-4-3-23.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-1. Applicability of Chapter

Sec. 1. This chapter applies to a person who desires to drill at least one (1) test hole:
(1) for fluid disposal investigation, mineral resources investigation, engineering projects investigation, or geologic investigation; and
(2) to a depth of at least two hundred (200) feet below ground surface elevation at the test hole site.
[Pre-1995 Recodification Citation: 13-4-5-4 part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-2. Public Interest in Preventing Pollution, Impairment, and Waste of Natural Resources

Sec. 2. It is in the public interest for the state to provide the means whereby test holes for or in connection with fluid disposal investigations, mineral resources investigations, engineering projects investigations, or geologic investigations are drilled, used, and plugged in a manner that prevents pollution, impairment, and waste of natural resources.
[Pre-1995 Recodification Citation: 13-4-5-1.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-3. "Plug" or "Plugging" Defined

Sec. 3. As used in this chapter, "plug" or "plugging" means the stopping of the flow or migration of oil, gas, water, or other fluid or material up or down a test hole.
[Pre-1995 Recodification Citation: 13-4-5-2(5).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-4. "Test Hole" Defined

Sec. 4. As used in this chapter, "test hole" means an exploratory hole, except for coal exploration, drilled for the purpose of obtaining information and data on the character, composition, sequence, thickness, age, and correlation of underground strata and formations for at least one (1) of the following and no other purposes:
(1) The feasibility of an area for fluid disposal.
(2) The existence, extent, and characteristics of an underground mineral deposit or deposits.
(3) The suitability of underground formations for use in or as a foundation for engineering projects or works.
(4) Expanding the store of scientific knowledge of the geology of an area.
[Pre-1995 Recodification Citation: 13-4-5-2(6).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-5. Enforcement by Department

Sec. 5. The department shall carry out and enforce this chapter.
[Pre-1995 Recodification Citation: 13-4-5-3.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-6. Application and Permit Fee

Sec. 6. A person must do the following before drilling a test hole:
(1) File a written application for a permit with and receive a permit from the commission. A single permit may authorize the drilling of more than one (1) test hole.
(2) Submit a permit fee of one hundred dollars ($100) payable to the department.
[Pre-1995 Recodification Citation: 13-4-5-4 part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-7. Duties of Commission

Sec. 7. The commission shall do the following:
(1) Adopt rules and orders necessary to administer this chapter.
(2) Hold hearings at any place in Indiana for the purpose of administering this chapter. A hearing may be conducted by a member of the commission or by the officer, agent, or employee that is designated by the commission. However, a proposed finding is not valid unless the commission approves the finding.
(3) Prescribe and adopt the form of an application for a permit to be filed by an applicant.
(4) Except as provided by subdivision (5), require a person drilling a test hole under this chapter to furnish at a reasonable time and place that the commission specifies the following:
(A) A copy of the driller's log of the test hole.
(B) A copy of a geophysical log taken in the drilling of the test hole.
(C) A copy of the drilling record.
(D) Typical drill cuttings or cores, if taken.
(5) Upon written application certifying that the withholding of the information is necessary for protection of the permittee:
(A) the commission shall excuse the permittee from furnishing the items required by subdivision (4); and
(B) the permittee shall furnish the location of each test hole by county, township, range, and quarter-quarter section, including the proper legal description and the size and depth of the hole.
(6) Require a person filing for a permit to drill a test hole, except for state or federal agencies, to execute and file with the commission:
(A) a bond not exceeding one thousand dollars ($1,000) for each test hole drilled; or
(B) a blanket bond not exceeding five thousand dollars ($5,000) for all test holes drilled by the applicant during the duration of the bond;
to provide for compliance with this chapter and the rules of the commission adopted under this chapter with respect to the plugging of the test holes. The bond must be in the form approved by the commission, and the bond shall be renewed and continued in effect until the conditions have been fully complied with.
(7) Enter upon and inspect, at any reasonable time and by any member of the commission or the commission's agent, any location where test holes are being or have been drilled for fluid disposal, mineral resources investigation, engineering projects, or geologic information for the purpose of ascertaining whether this chapter and the rules and orders of the commission are being or have been complied with, including information on the drilling or completion depth of a test hole.
[Pre-1995 Recodification Citation: 13-4-5-5.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-8. Expiration of Permit

Sec. 8. A permit issued under this chapter expires one (1) year from the date of issuance unless a test hole is drilled within one (1) year.
[Pre-1995 Recodification Citation: 13-4-5-6.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-9. Issuance of Permit

Sec. 9. (a) Subject to subsection (b), if an applicant for a permit to drill or deepen a test hole has complied with this chapter and the rules of the commission, the commission shall issue a permit.
(b) The commission may refuse to issue a permit if the drilling of the test hole would violate this chapter or rules adopted under this chapter.
[Pre-1995 Recodification Citation: 13-4-5-7.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-10. Plugging and Abandoning Hole

Sec. 10. Upon the completion of drilling, a permittee shall plug and abandon the hole in a manner that confines permanently all fluids or materials in the separate strata originally confining the fluids or materials by the use of mud-laden fluid, cement, or plugs used:
(1) singly; or
(2) in combinations approved by the commission.
[Pre-1995 Recodification Citation: 13-4-5-8 part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-11. Notice Before Plugging

Sec. 11. A permittee may not begin plugging procedures until the permittee has given notice to the commission or the commission's designated representative by personal oral or written notice, telephone, or telegram.
[Pre-1995 Recodification Citation: 13-4-5-8 part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-12. Affidavit of Plugging and Abandoning

Sec. 12. (a) The commission's designated representative or the authorized representative of the permittee who supervises the plugging of the test hole shall make and furnish to the permittee an affidavit to the effect that the test hole has been plugged and abandoned in accordance with this chapter, reciting in the affidavit the pertinent information that is prescribed by the commission.
(b) The commission representative or the authorized representative of the permittee shall furnish to the commission an exact copy of the affidavit.
(c) The commission shall permanently retain the affidavit, which must be open to inspection by all persons.
[Pre-1995 Recodification Citation: 13-4-5-8 part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-13. Actions to Restrain Violations

Sec. 13. If it appears that a person is violating or is about to violate this chapter or the rules and orders of the commission adopted under this chapter or under IC 13-4-5 (before its repeal), the commission may, in the name of the state of Indiana through the attorney general, bring an action against the person in the circuit or superior court of the county in which:
(1) the land involved is located;
(2) the violator resides; or
(3) the authorized agent of a nonresident violator resides;
to restrain the person from continuing the violations.
[Pre-1995 Recodification Citation: 13-4-5-9(a) part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-14. Secretary of State as Agent for Service of Process Upon Nonresident

Sec. 14. The ownership, operation, or other interest by a nonresident or by a nonresident's authorized agent in a test hole in Indiana is considered equivalent to an appointment by the nonresident of the secretary of state to be the nonresident's attorney, upon whom may be served all process in an action or a proceeding growing out of the operation or ownership by the nonresident or the nonresident's agent of a test hole in Indiana. The operation or ownership indicates the nonresident's agreement that the process served against the nonresident is of the legal force and validity as if served upon the nonresident personally, unless the nonresident maintains on file with the commission the designation of a resident agent for service of process.
[Pre-1995 Recodification Citation: 13-4-5-9(a) part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-15. Filing Action Against Nonresident; Service of Process; Affidavit; Continuances

Sec. 15. (a) An action against a nonresident may be filed in the county:
(1) of residence of the plaintiff; or
(2) where the test hole is located;
at the election of the plaintiff.
(b) Service of process shall be made by leaving a copy of the process, with a fee of two dollars ($2) for the defendant to be served, with the secretary of state. The service is sufficient service upon a nonresident if:
(1) notice of the service and a copy of the process are immediately sent by registered mail to the defendant; and
(2) the defendant's return receipt is appended to the original process and filed in court.
(c) If the defendant refuses to accept or claim registered mail, the secretary of state shall return the registered mail to the plaintiff or to the plaintiff's attorney. The registered mail shall be appended to the original process, together with an affidavit of the plaintiff or the plaintiff's attorney or agent to the effect that the summons was:
(1) delivered to the secretary of state, together with a fee of two dollars ($2); and
(2) returned unclaimed by the United States Postal Service.
(d) The affidavit, together with the returned envelope and the summons, is considered sufficient service upon the nonresident defendant.
(e) The court in which the action is brought may order continuances that are reasonable to afford the defendant an opportunity to defend the action.
[Pre-1995 Recodification Citation: 13-4-5-9(b).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-16. Department, Person, or Agency Entering Land to Plug, Replug, or Repair Test Hole

Sec. 16. (a) This section does not do any of the following:
(1) Relieve a person otherwise legally responsible from an obligation to plug, replug, or repair a test hole.
(2) Limit the authority of the commission to require the proper plugging, replugging, or repair of a test hole.
(b) This section and sections 17 through 20 of this chapter are a supplemental remedy if any of the following conditions exist:
(1) A person obligated to plug, replug, or repair a test hole fails to do so.
(2) The identity of the obligated person cannot be determined.
(c) If:
(1) after notice and hearing the department finds that a test hole drilled has been abandoned and:
(A) is leaking; or
(B) may result in the leaking of;
fluid into a fresh water formation or onto the surface of the land in the vicinity of the test hole; and
(2) after thirty (30) days from the date of the finding by the department the test hole has not been properly plugged, replugged, or repaired to remedy the situation;
the department or a person or an agency authorized by order of the department may enter upon the land upon which the test hole is located and plug, replug, or repair the test hole as is reasonably required to remedy the condition.
[Pre-1995 Recodification Citation: 13-4-5-10(a), (b) part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-17. Entry Onto Land Without Notice or Hearing

Sec. 17. If:
(1) an emergency exists; and
(2) the department determines that irreparable injury will result unless immediate action is taken;
the department may enter or authorize the entry upon the land by order of the department without notice or hearing for the purpose of taking the temporary remedial action that the department considers necessary to prevent or minimize the injury pending the giving of notice and hearing. The operation shall be conducted in the manner prescribed by the department.
[Pre-1995 Recodification Citation: 13-4-5-10(b) part.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-18. Liability of Persons Entering Land to Plug, Replug, or Repair Test Hole

Sec. 18. (a) This section applies to a person who:
(1) enters upon the land on which a test hole is located to plug, replug, or repair the test hole; or
(2) supports or contributes to the action under the authority and in accordance with the order of the department.
(b) A person:
(1) is not liable and may not be held responsible for any damages resulting from operations reasonably necessary or proper to plug, replug, or repair the test hole, except damages to growing crops and improvements;
(2) has not assumed responsibility for future remedial work on the test hole; and
(3) is not liable in damages or otherwise for conditions subsequently arising from or in connection with the test hole.
[Pre-1995 Recodification Citation: 13-4-5-10(c), (d).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-19. Remedying Condition of Test Hole Not Admission of Liability or Discharge of Action

Sec. 19. The fact that a person has initiated or supported a proceeding before the department or has remedied or attempted to remedy the condition of a test hole under this chapter:
(1) is not an admission of liability and may not be received in evidence against the person in an action or a proceeding in which responsibility for or damages from:
(A) surface or subsurface pollution; or
(B) injury to a fresh water, an oil, a gas, or a mineral bearing formation;
is or may become an issue; and
(2) does not release or discharge an action, a cause of action, or a claim against the person in favor of a third person for damages to property resulting from:
(A) surface or subsurface pollution; or
(B) injury to a fresh water, an oil, a gas, or a mineral bearing formation;
to the extent that the action, cause of action, or claim preexisted the initiation or support of the proceeding or the remedying or attempted remedying of the condition of the test hole.
[Pre-1995 Recodification Citation: 13-4-5-10(e).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-20. Cause of Action for Plugging, Replugging, or Repairing Test Hole

Sec. 20. (a) A person who did not have an obligation to plug, replug, or repair a test hole, but who does so under this chapter, has the following:
(1) A cause of action against the person who was obligated by law to properly plug, replug, or repair the test hole for the reasonable cost and expense incurred in plugging, replugging, or repairing the test hole.
(2) A lien enforceable upon the interest of the obligated person in and to the equipment located on the test hole to the extent of the reasonable cost and expense.
(b) This section does not assign or impute any liability or obligation upon the owner of the land upon which the test hole is located, except if the owner is the person who was granted a permit to drill the test hole.
[Pre-1995 Recodification Citation: 13-4-5-10(f).]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-21. Repealed

[Pre-1995 Recodification Citation: 13-4-5-11.]
As added by P.L.1-1995, SEC.31. Repealed by P.L.195-2014, SEC.46.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 2. Test Hole Pollution Control and Waste › 14-38-2-22. Violations

Sec. 22. (a) An owner or operator who fails to comply with section 6, 10, or 11 of this chapter commits a Class C infraction.
(b) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against an owner or operator who knowingly fails to comply with section 6, 10, or 11 of this chapter.
(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.47.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 38. Other Petroleum Regulation › Chapter 3. Interstate Oil and Gas Compact Commission › 14-38-3-1. Membership

Sec. 1. The department may join and become a member of the interstate oil and gas compact commission.
[Pre-1995 Recodification Citation: 13-5-2-1.]
As added by P.L.1-1995, SEC.31.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 0.5. Rulemaking › 14-39-0.5-2. Rulemaking Requirements

Sec. 2. The rules adopted by the commission under section 1 of this chapter:
(1) must include the provisions necessary to the department's discharge of the duties imposed upon the department under this article; and
(2) may establish fees for the administration and implementation of this article after review by the budget committee. In addition, the amount of the fee determined under this subdivision may not subsequently be increased unless the increase is reviewed by the budget committee.
As added by P.L.158-2023, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 0.5. Rulemaking › 14-39-0.5-3. Expiration of Emergency Rules

Sec. 3. Notwithstanding IC 14-10-2-5(b), an emergency rule adopted by the department under IC 14-10-2-5(a)(22) concerning the department's discharge of the duties imposed upon the department under this article expires upon the earlier of the following:
(1) One (1) year after the rule is accepted for filing by the publisher of the Indiana Register.
(2) Upon the adoption of a rule under this chapter concerning the department's discharge of the duties imposed upon the department under this article.
As added by P.L.158-2023, SEC.2.