reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-3. Operations Subject to Certain Statutes

Sec. 3. All surface mining operations that operate or have operated under a permit issued under this chapter subject to:
(1) Acts 1978, P.L.159;
(2) Acts 1979, P.L.314;
(3) Acts 1980, P.L.101, SECTION 5; or
(4) Acts 1981, P.L.331;
are subject to IC 14-34-15, IC 14-34-16, IC 14-34-17, 30 U.S.C. 1252, 30 U.S.C. 1260(d), 30 U.S.C. 1272(e), and 30 CFR 710 through 716.
[Pre-1995 Recodification Citation: 13-4-6-1.6.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-4. "Affected Area" Defined

Sec. 4. As used in this chapter, "affected area" means the area of land:
(1) from which overburden has been removed;
(2) upon which cast overburden, mining refuse, or a mineral has been deposited; and
(3) that is disturbed incidental to an operation.
[Pre-1995 Recodification Citation: 13-4-6-2(h).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-5. "Cast Overburden" Defined

Sec. 5. As used in this chapter, "cast overburden" means a bank or deposit of overburden after removal from the overburden's natural state.
[Pre-1995 Recodification Citation: 13-4-6-2(e).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-6. "Mineral" Defined

Sec. 6. As used in this chapter, "mineral" means coal, clay, or shale, including oil shale.
[Pre-1995 Recodification Citation: 13-4-6-2(g).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-7. "Mining Refuse" Defined

Sec. 7. As used in this chapter, "mining refuse" means all waste material directly connected with the cleaning and preparation of substances mined by surface mining.
[Pre-1995 Recodification Citation: 13-4-6-2(p).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-8. "Operation" Defined

Sec. 8. As used in this chapter, "operation" means the premises, facilities, nonpublic roads, and equipment used in the process of producing minerals from a surface mine.
[Pre-1995 Recodification Citation: 13-4-6-2(i).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-9. "Operator" Defined

Sec. 9. As used in this chapter, "operator" means a person engaged in carrying on surface mining operations.
[Pre-1995 Recodification Citation: 13-4-6-2(j).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-10. "Overburden" Defined

Sec. 10. As used in this chapter, "overburden" means the soil and other materials that lie above a mineral deposit.
[Pre-1995 Recodification Citation: 13-4-6-2(d).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-11. "Reclamation" Defined

Sec. 11. As used in this chapter, "reclamation" means the rehabilitation of the area of land affected by surface mining under an approved reclamation plan.
[Pre-1995 Recodification Citation: 13-4-6-2(b).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-12. "Reclamation Plan" Defined

Sec. 12. As used in this chapter, "reclamation plan" means the operator's written proposal approved by the commission for reclamation of the affected area. The term includes the following:
(1) Land use objectives.
(2) Specifications for grading.
(3) Manner and type of revegetation.
(4) The maps and other supporting documents that are required by this chapter.
[Pre-1995 Recodification Citation: 13-4-6-2(c).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-13. Commission's Powers Regarding Permits

Sec. 13. (a) The commission may:
(1) grant;
(2) suspend;
(3) revoke;
(4) modify; or
(5) release;
permits for surface mining under this chapter.
(b) The commission shall do the following:
(1) Approve or disapprove the applications for permits consistent with the purposes of this chapter.
(2) Adopt rules under IC 4-22-2 to carry out this chapter.
[Pre-1995 Recodification Citation: 13-4-6-3.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-14. Duties of Director

Sec. 14. (a) The director shall do the following:
(1) Supervise the administration and enforcement of this chapter and the rules adopted under this chapter.
(2) Conduct the necessary investigations and inspections for the proper administration of this chapter.
(3) Order the ceasing of surface mining operations by a person who does not possess a valid permit as required by statute.
(4) Order compliance with the terms of a permit issued under this chapter.
(5) Have access to all parts of the areas under application or under permit for surface mining without liability to the operator.
(6) Accept, release, or retain parts of cash or surety bonds required by this chapter.
(7) Conduct research related to surface mining.
(8) Collect and disseminate information relating to surface mining.
(9) Accept and use money from any source to aid in carrying out the purposes of this chapter.
(b) The director may delegate any duty prescribed by subsection (a) to other employees of the department.
[Pre-1995 Recodification Citation: 13-4-6-4.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-15. Permit Exemptions

Sec. 15. (a) As used in this section, "pit" means a tract of land:
(1) from which the overburden has been removed or is being removed; and
(2) where mine run mineral is being produced in the raw state.
(b) A person who engages in surface mining must have a permit from the commission designating the area of land affected by the operation unless at least one (1) of the following conditions exists:
(1) Minerals regulated under this chapter constitute not more than twenty-five percent (25%) of the total tonnage of materials being extracted from the pit and the materials are extracted for purposes of bona fide sale or commercial use.
(2) The overburden above the mineral seam is insufficient for reclamation under section 26 of this chapter.
[Pre-1995 Recodification Citations: 13-4-6-2(f); 13-4-6-5(a) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-16. Permit Powers; Effective Date

Sec. 16. A permit:
(1) authorizes the operator to engage in surface mining upon the area of land described in the permit; and
(2) is effective for one (1) year from the date of issuance unless revoked or suspended as provided in this chapter.
[Pre-1995 Recodification Citation: 13-4-6-5(a) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-17. Contents of Application

Sec. 17. An application for a permit must include the following:
(1) The description and acreage of affected area under the requested permit.
(2) The name of each owner of the surface of the area of land to be affected by the permit.
(3) The name of each owner of all surface area within five hundred (500) feet of any part of the affected area.
(4) The name of the owner of the mineral to be mined.
(5) The permanent and temporary post office addresses of the applicant.
(6) The written consent of the applicant and other persons, if any, necessary to grant access to the director or the director's designee to the area under application from the date of application until the expiration of a permit granted under the application and thereafter for the time that is necessary to assure compliance with this chapter and the rules adopted under this chapter.
(7) The proposed method of operation, grading work, and drainage control and a reclamation plan for the affected area, which must meet the requirements of this chapter and the rules adopted under this chapter.
[Pre-1995 Recodification Citation: 13-4-6-5(b).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-18. Maps Accompanying Application

Sec. 18. An application for a permit must be accompanied by maps on which are indicated the following:
(1) The location of the operation.
(2) The name of the applicant and date.
(3) The boundaries of the area of land affected.
(4) The drainage plan on and away from the area of land affected.
(5) All utility and other easements on the area of land affected and any other information appropriate to the administration of this chapter as required by the rules adopted under this chapter.
[Pre-1995 Recodification Citation: 13-4-6-5(c).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-19. Amendment of Information or Consent

Sec. 19. The operator may amend any of the information or consent required by section 17 or 18 of this chapter with the approval of the commission at any time upon filing with the commission an amended application.
[Pre-1995 Recodification Citation: 13-4-6-5(d).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-20. Fees

Sec. 20. Each operator shall pay the following fees, which shall be deposited in the division of reclamation fund:
(1) One hundred dollars ($100) for the first application filed each year.
(2) One hundred dollars ($100) for each additional application filed in the same year.
(3) Fifty dollars ($50) for each acre or fraction of an acre described in the application.
[Pre-1995 Recodification Citation: 13-4-6-5(e).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-21. Performance Bond

Sec. 21. Contemporaneously with and as a condition precedent to the issuance of a permit, each operator must file with the director a bond payable to the department, conditioned that the operator will faithfully perform all requirements of the commission in accordance with this chapter. A bond must be signed by the operator as principal and by a corporate or individual surety approved by the director.
[Pre-1995 Recodification Citation: 13-4-6-5(f) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-22. Penalty Bond

Sec. 22. The commission shall determine the amount of a penalty bond subject to the following:
(1) A bond may not be less than:
(A) five thousand dollars ($5,000); or
(B) one thousand dollars ($1,000) per acre;
whichever is larger.
(2) The total bond may not be greater than five thousand dollars ($5,000) per acre.
[Pre-1995 Recodification Citation: 13-4-6-5(f) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-23. Amount of Bond

Sec. 23. The commission shall determine the bond amount after evaluation of the following:
(1) Previous compliance.
(2) Business structure.
(3) Previous mining experience.
(4) Mining method.
(5) Size of operation.
(6) Depth of overburden.
(7) Geological formation.
(8) Attachable real property or other assets within Indiana.
(9) Other factors relative to the operator's ability to accomplish the intent of this chapter.
[Pre-1995 Recodification Citation: 13-4-6-5(f) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-24. Bond Without Surety

Sec. 24. An operator may execute a bond without surety if the operator deposits with the director cash or securities that meet the approval of the commission in an amount equal to the surety bond prescribed by section 22 of this chapter.
[Pre-1995 Recodification Citation: 13-4-6-5(g) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-25. Increasing Acres for Permit

Sec. 25. The commission may increase the number of acres for which a permit is issued after the permit is issued on receipt of the prescribed fee and additional bond for the additional number of acres.
[Pre-1995 Recodification Citation: 13-4-6-5(g) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-27. Report of Operation

Sec. 27. (a) Within sixty (60) days after the earlier of:
(1) the expiration of a permit; or
(2) the completion or abandonment of the operation for which a permit was issued;
the operator shall file with the director a report of the operation licensed on a form prescribed by the director.
(b) The report must do the following:
(1) Identify the operator and the permit under which operations were conducted.
(2) State the county and township in which the area affected by the operations is located.
(3) Describe the area of land affected by the operation within the time covered by the report with sufficient certainty so that the land may be located and distinguished from other land. A map shall be attached to the report certified by a professional surveyor registered under Indiana law showing the boundary lines of the area of land affected by the operation within the time covered by the report.
[Pre-1995 Recodification Citation: 13-4-6-7(a).]
As added by P.L.1-1995, SEC.29. Amended by P.L.57-2013, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-28. Charge Against Bond; Release of Bond; Refund of Fees

Sec. 28. (a) Upon receipt of the operator's affected area report the director shall charge against the surety bonds or other securities on deposit in connection with the operation covered by the report the amount required by section 22 of this chapter for each acre of land in the area of land affected by the operation within the time covered by the report. The director shall issue to the operator and the director's surety a release of any parts of the surety bonds or other security on deposit in connection with the operation against which a charge has not been made.
(b) If the report shows that the number of acres of land comprising the area of land affected is smaller than the number of acres of land for which the operator has paid to the director a permit fee in connection with the permit authorizing the operation covered by the report, the operator is entitled to a refund in the amount of the fees paid for acres not affected.
[Pre-1995 Recodification Citation: 13-4-6-7(b).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-29. Retention of Bond for Revegetation

Sec. 29. (a) Upon the completion of the grading requirements, the commission shall grant a partial release of the bond. The amount of bond retained for revegetation must be adequate to cover the satisfactory reclamation of the area. The remainder of the bond shall continue to be posted until satisfactory vegetative cover has been established but not for more than fifteen (15) years.
(b) If the bond is forfeited, the director shall expend the bond in a reclamation program for the area of land for which the bond was posted.
[Pre-1995 Recodification Citation: 13-4-6-7(c).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-30. Noncompliance

Sec. 30. (a) If the director finds that any of the requirements of:
(1) this chapter;
(2) the rules adopted under this chapter; or
(3) an order of the director or the commission;
have not been complied with within the time limits set by the director, the commission, or this chapter, the director shall cause a notice of noncompliance to be served upon the operator.
(b) A notice of noncompliance:
(1) shall be served by registered or certified mail addressed to the permanent address shown on the application for a permit; and
(2) must specify in what respects the operator has failed to comply with:
(A) this chapter; or
(B) the rules or orders of the director or the commission.
(c) If the operator has not reached an agreement with the director or otherwise complied with the requirements set forth in the notice of noncompliance within time limits set in the notice:
(1) the director shall advise the commission; and
(2) a hearing shall be held to determine whether the permit of the operator should be modified, suspended, or revoked.
[Pre-1995 Recodification Citation: 13-4-6-7(d).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-31. Modification, Suspension, or Revocation of Permit

Sec. 31. (a) The commission may modify, suspend, or revoke a permit under IC 4-21.5 if the commission finds that the operator holding the permit has failed to comply with any of the following:
(1) The terms of this chapter.
(2) A rule of the commission.
(3) An order of the director.
(b) Upon revocation, the bond insuring compliance with the revoked permit is forfeited.
[Pre-1995 Recodification Citation: 13-4-6-8.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-32. Applicability of Ic 4-21.5

Sec. 32. IC 4-21.5 applies to this chapter.
[Pre-1995 Recodification Citation: 13-4-6-9.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-33. Operator With Revoked Permit

Sec. 33. An operator whose permit has been revoked under this chapter is not eligible to:
(1) receive another permit; or
(2) have a suspended permit reinstated;
until the operator has complied with all the requirements of this chapter with respect to all revoked permits issued to the operator.
[Pre-1995 Recodification Citation: 13-4-6-10(a).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-34. Operator With Forfeited Bond

Sec. 34. An operator who has forfeited a bond may not receive a permit unless:
(1) the land for which the bond was forfeited has been reclaimed without cost to the state; or
(2) the operator has paid to the department the amount that the commission finds is adequate to reclaim the land.
[Pre-1995 Recodification Citation: 13-4-6-10(b) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-35. Commission Refusing to Issue Permit

Sec. 35. The commission:
(1) may refuse to issue a permit to an operator whose permit the commission has repeatedly suspended for noncompliance or violation of:
(A) this chapter; or
(B) IC 13-4-6 (before its repeal); and
(2) shall refuse to issue a permit to an operator whose permit has been revoked more than three (3) times.
[Pre-1995 Recodification Citation: 13-4-6-10(b) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-36. Repealed

[Pre-1995 Recodification Citation: 13-4-6-11.]
As added by P.L.1-1995, SEC.29. Repealed by P.L.66-2006, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 1. Surface Mining Reclamation › 14-36-1-37. Violations

Sec. 37. (a) A person who violates or fails to comply with section 14, 15, 26, or 27 of this chapter (including a person who fails to comply with a rule of the commission or order of the director adopted or issued in connection with these sections) commits a Class A infraction.
(b) Each day that a violation continues constitutes a separate violation.
(c) Notwithstanding IC 34-28-5-4, a judgment for a Class A infraction imposed under this section may not exceed five thousand dollars ($5,000).
[Pre-1995 Recodification Citation: 13-4-6-13.]
As added by P.L.1-1995, SEC.29. Amended by P.L.195-2014, SEC.37.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-1. Inapplicability of Chapter

Sec. 1. Notwithstanding any other provision of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b).
[Pre-1995 Recodification Citation: 14-4-2.1-1.5.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-2. "Land" Defined

Sec. 2. As used in this chapter, "land" means ground, soil, or solid materials of the earth:
(1) disturbed by mining and not reclaimed under:
(A) IC 14-34 or IC 13-4.1 (before its repeal); or
(B) IC 14-36-1 or IC 13-4-6 (before its repeal);
whether or not subject to IC 14-34 or IC 14-36-1 due to effective dates; and
(2) in violation of:
(A) air pollution control laws (as defined in IC 13-11-2-6);
(B) water pollution control laws (as defined in IC 13-11-2-261);
(C) environmental management laws (as defined in IC 13-11-2-71);
(D) IC 13-7, IC 13-1-3, or IC 13-1-1 (before their repeal); or
(E) applicable rules.
[Pre-1995 Recodification Citation: 14-4-2.1-1(b).]
As added by P.L.1-1995, SEC.29. Amended by P.L.1-1996, SEC.69.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-3. "Mining" Defined

Sec. 3. As used in this chapter, "mining" means the following:
(1) Surface mining.
(2) Surface coal mining operations.
(3) Underground mining.
[Pre-1995 Recodification Citation: 14-4-2.1-1(a).]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-4. "Reclamation" Defined

Sec. 4. As used in this chapter, "reclamation" means rehabilitation under IC 14-36-1.
[Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-5. "Restore" or "Restoration" Defined

Sec. 5. As used in this chapter, "restore" or "restoration" means rehabilitation under IC 14-36-1.
[Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-6. Methods for Acquisition of Land

Sec. 6. The department may acquire land by:
(1) negotiation; or
(2) exercise of the power of eminent domain under IC 32-24-1.
[Pre-1995 Recodification Citation: 14-4-2.1-2.]
As added by P.L.1-1995, SEC.29. Amended by P.L.2-2002, SEC.65.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-7. Opportunity for Owner to Restore Land

Sec. 7. Before acquiring land the department shall extend to the owner of the land a reasonable opportunity to restore the land. If the owner:
(1) agrees in writing to perform the restoration; and
(2) starts the restoration within ninety (90) days;
the land may not be acquired unless, in the opinion of the department, there is not a satisfactory effort to complete restoration.
[Pre-1995 Recodification Citation: 14-4-2.1-3.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-8. Price for Land

Sec. 8. The determination of the negotiated price or condemnation price is subject to the following:
(1) Anticipated costs of reclamation.
(2) Cost of abating pollution conditions.
[Pre-1995 Recodification Citation: 14-4-2.1-4.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-9. Payment of Purchase Price, Damages, and Incidental Expenses

Sec. 9. The:
(1) purchase price, for a negotiated acquisition; or
(2) damages as finally determined, for acquisition by condemnation;
and the necessary incidental expenses shall be paid from appropriations made by the general assembly or from federal money made available for these purposes.
[Pre-1995 Recodification Citation: 14-4-2.1-5.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-10. Acts of Restoration Performed or Contracted For

Sec. 10. The director may:
(1) grade, plant, and perform other acts of restoration and reclamation; or
(2) contract for the performance of restoration or reclamation work;
to the extent and subject to the conditions that state or federal money is appropriated and available.
[Pre-1995 Recodification Citation: 14-4-2.1-6.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-11. Transfer of Jurisdiction of Land to State Agency

Sec. 11. After restoration of the acquired land, the department may, with the approval of the governor, transfer jurisdiction of the land or a part of the land to a state agency that can best utilize the land for public purposes.
[Pre-1995 Recodification Citation: 14-4-2.1-7.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 36. Reclamation › Chapter 2. Acquisition of Land for Reclamation › 14-36-2-12. Sale of Land

Sec. 12. (a) If the retention of the land by the department or other state agencies is determined to be impractical, the department may, with the approval of the governor, sell the land:
(1) to political subdivisions of the state at the cost of acquisition and restoration; or
(2) by public sale to the highest bidder for not less than fair market value for reclaimed land as determined by two (2) private appraisers appointed by the department.
(b) The proceeds of a sale may, upon approval of the department, be used and expended to reclaim and rehabilitate land.
[Pre-1995 Recodification Citation: 14-4-2.1-8.]
As added by P.L.1-1995, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 1. Applicability › 14-37-1-1. Permit, Bond, or Security Governed by Article

Sec. 1. A permit, a bond, or an alternative security for a permit issued for a well for oil and gas purposes in force after June 30, 1988, is governed by this article.
[Pre-1995 Recodification Citation: 13-8-1-2.]
As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 1. Applicability › 14-37-1-2. Operation of Class Ii Well After June 30, 1988

Sec. 2. A person who was issued a federal permit for a Class II well may continue to operate the Class II well after June 30, 1988. Continued operation of a Class II well after June 30, 1988, subjects the person to:
(1) this article; and
(2) rules adopted under this article.
[Pre-1995 Recodification Citation: 13-8-1-3.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 1. Applicability › 14-37-1-3. Federal Terms and Conditions Binding Owner or Operator of Class Ii Well Under Subpart C of Underground Injection Control Program

Sec. 3. If a Class II well is authorized under Subpart C of the Underground Injection Control Program (40 CFR 144.21 through 144.28) in effect January 1, 1988, any federal terms or conditions placed on an owner or operator under Subpart C bind the owner or operator and may be enforced as if ordered by the department under:
(1) this article or IC 13-8 (before its repeal); or
(2) rules adopted under this article or IC 13-8 (before its repeal).
[Pre-1995 Recodification Citation: 13-8-1-4.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 1. Applicability › 14-37-1-4. Federal Terms or Conditions Binding Owner or Operator of Well With Permit Issued Under Subpart D of Underground Injection Control Program

Sec. 4. The terms of a federal permit issued under Subpart D of the Underground Injection Control Program (40 CFR 144.31 through 144.41) in effect January 1, 1988, bind the owner or operator and may be enforced as if issued by the department under:
(1) this article; or
(2) rules adopted under this article.
[Pre-1995 Recodification Citation: 13-8-1-5.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 2. Organization › 14-37-2-2. Delegation of Duties

Sec. 2. The commission may delegate any or all of the commission's powers and duties under this article to the director, deputy director, director of the division of reclamation, or other employee of the department.
[Pre-1995 Recodification Citation: 13-8-3-6.]
As added by P.L.1-1995, SEC.30. Amended by P.L.127-2022, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-1. Written Reports Showing Well Location Required

Sec. 1. The commission shall require an owner or operator to file written reports showing the location of wells for oil and gas purposes.
[Pre-1995 Recodification Citation: 13-8-4-2.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-2. Identification of Ownership and Location of Wells

Sec. 2. The commission shall identify the ownership and location of wells for oil and gas purposes, including the use of surveys and plats.
[Pre-1995 Recodification Citation: 13-8-4-3.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-3. Regulation of Well Spacing

Sec. 3. (a) The commission shall regulate the spacing of wells for oil and gas purposes. A rule adopted under this section may provide for the following:
(1) A minimum distance between a well and the property line of an adjacent landowner if the adjacent landowner does not provide a written waiver to the distance requirement.
(2) A minimum acreage requirement for each well.
(3) That wells may be drilled on the same tract to different formations if an acreage requirement established under subdivision (2) is satisfied for wells drilled to the same formation.
(b) A rule adopted under this section must consider regional and geological characteristics and factors conducive to the most efficient and economical recovery of oil and gas.
[Pre-1995 Recodification Citation: 13-8-4-4.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-4. Filing of Reports

Sec. 4. The commission shall require the making and filing of the following:
(1) Well logs.
(2) Completion information.
(3) Directional surveys.
(4) Reports on well locations and drilling.
[Pre-1995 Recodification Citation: 13-8-4-5.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-5. Regulation of Wells for Environmental Protection

Sec. 5. The commission shall regulate the drilling, casing, operating, plugging, and abandoning of wells and any related fluid storage to prevent the following:
(1) Waste.
(2) Fresh water pollution.
(3) Blowouts.
(4) Cavings.
(5) Seepages.
(6) Fires.
(7) Unreasonably detrimental effects upon fish, wildlife, and botanical resources.
[Pre-1995 Recodification Citation: 13-8-4-6.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-6. Testing for Wells Placed on Temporary Abandonment

Sec. 6. The commission shall establish standards and testing for wells for oil and gas purposes placed on temporary abandonment.
[Pre-1995 Recodification Citation: 13-8-4-7.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-7. Regulation of Production Operations

Sec. 7. The commission shall regulate the following:
(1) Drilling.
(2) Testing.
(3) Equipping.
(4) Completing.
(5) Producing.
(6) All other operations for the production of oil or gas.
[Pre-1995 Recodification Citation: 13-8-4-8.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-8. Regulation of Well Stimulation and Treatment

Sec. 8. (a) The commission shall regulate the stimulation and treatment of wells.
(b) The commission shall adopt rules for the reporting and disclosure of information regarding hydraulic fracturing treatment, including:
(1) the volume and source of base fluid used;
(2) a description of each additive product used in a hydraulic fracturing treatment;
(3) the volume of each additive product used in a hydraulic fracturing treatment expressed as a maximum percentage of the total fracturing fluid volume;
(4) the maximum surface treating pressure and injection treating pressure; and
(5) any other information the commission considers necessary.
[Pre-1995 Recodification Citation: 13-8-4-9.]
As added by P.L.1-1995, SEC.30. Amended by P.L.16-2012, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-9. Regulation of Underground Petroleum Storage Wells

Sec. 9. The commission shall regulate the drilling, deepening, operating, plugging, and abandoning of the following:
(1) Wells for underground storage of petroleum products.
(2) Other wells for oil and gas purposes that may affect underground storage reservoirs.
[Pre-1995 Recodification Citation: 13-8-4-10.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-10. Regulation of Inactive Underground Coal Mines

Sec. 10. The commission shall regulate, under IC 14-37-7, the drilling, deepening, operating, plugging, and abandoning of wells for oil and gas purposes on land underlaid by workings of an inactive underground coal mine within the permit boundaries of an active underground mine permitted under IC 14-34 or through a commercially minable coal resource.
[Pre-1995 Recodification Citation: 13-8-4-11.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-11. Requirements for Noncommercial Natural Gas Wells

Sec. 11. The commission shall establish alternative spacing, unit, and bonding requirements for noncommercial natural gas wells.
[Pre-1995 Recodification Citation: 13-8-4-12.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-12. Underground Injection Control Program Enforcement Authority

Sec. 12. (a) The commission shall obtain and maintain primary enforcement authority for Class II wells under the Underground Injection Control Program, promulgated under:
(1) Part C of the federal Safe Drinking Water Act (Public Law 93-523, as amended by Public Law 96-502, 42 U.S.C. 300f et seq.) in effect January 1, 1988; and
(2) 40 CFR Parts 124, 144, 145, 146, and 147 Subpart P, in effect January 1, 1988.
(b) The commission shall enforce the requirements of the Underground Injection Control Program and all other rules under this article to prevent the pollution or endangerment of underground sources of drinking water caused by a well regulated by this article.
[Pre-1995 Recodification Citation: 13-8-4-13.]
As added by P.L.1-1995, SEC.30. Amended by P.L.7-2015, SEC.41.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-13. Expenses and Attorney's Fees

Sec. 13. The commission shall establish standards for determining expenses and attorney's fees under IC 14-37-13.
[Pre-1995 Recodification Citation: 13-8-4-16.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-14.5. Regulation of Coal Bed Methane Wells

Sec. 14.5. The commission shall:
(1) regulate coal bed methane wells and compliance with IC 14-37-4-8 and IC 14-37-4-8.5;
(2) establish alternative spacing, survey, unit, and bonding requirements for coal bed methane wells; and
(3) require that all coal bed methane well permit applications include detailed plans for:
(A) stimulation, including disclosure of the types and amounts to be used of all fluids and products, and any information necessary to assess the potential impact of stimulation on commercially minable coal resources and underground sources of drinking water;
(B) horizontal drilling; and
(C) plugging of wells drilled by horizontal drilling.
As added by P.L.140-2011, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-15. Adoption of Rules

Sec. 15. The commission shall adopt rules under IC 4-22-2 to implement this article. The rules must include rules necessary to carry out the duties imposed upon the commission under this chapter.
[Pre-1995 Recodification Citation: 13-8-4-1.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-16. Informal Hearings

Sec. 16. The commission shall hold informal hearings to consider any matter that assists in the administration of the division, including the following:
(1) A request to amend, modify, or repeal a rule adopted under this chapter.
(2) Any matter relating to the issuance, reissuance, modification, or repeal of a permit for a Class II well.
(3) A request for an exception to a spacing requirement established under section 3 of this chapter.
(4) A request for an integration of interests in drilling units under IC 14-37-9 if the owners of separate interests have not agreed to integration.
(5) The issuance or proposed issuance of a notice of violation.
[Pre-1995 Recodification Citation: 13-8-4-14.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 3. Commission Duties › 14-37-3-17. Administrative Review of Orders

Sec. 17. An order resulting from an informal hearing under section 16 of this chapter is subject to administrative review under IC 4-21.5, except an order under section 16(1) of this chapter, which is subject to review under IC 4-22-2.
[Pre-1995 Recodification Citation: 13-8-4-15.]
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 › 14-37-4-1. Permit Required for Oil and Gas Activities

Sec. 1. A person may not drill, deepen, operate, or convert a well for oil and gas purposes without a permit issued by the department.
[Pre-1995 Recodification Citation: 13-8-5-1.]
As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.2; P.L.78-2010, SEC.4; P.L.42-2011, SEC.32; P.L.140-2011, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-2. Duties of Owner or Operator

Sec. 2. (a) An owner or operator:
(1) shall comply with the conditions of a permit as determined by the department;
(2) may not raise as a defense to an enforcement action by the department that compliance with the conditions of the permit constitutes an economic hardship;
(3) shall correct adverse environmental impact that results from noncompliance with a permit; and
(4) shall provide proper operation and maintenance for facilities, systems of treatment, and control and related appurtenances that are installed or used by the owner or operator to comply with the permit conditions.
(b) Proper operation and maintenance under subsection (a)(4) includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. Subsection (a)(4) requires the operation of backup or auxiliary facilities or similar systems only if necessary to comply with permit conditions.
[Pre-1995 Recodification Citation: 13-8-5-2.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-3. Permit Not Property Right or Exclusive Privilege

Sec. 3. A permit does not convey to the owner or operator a property right or an exclusive privilege.
[Pre-1995 Recodification Citation: 13-8-5-3.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-4. Permit Form

Sec. 4. A person must apply for a permit under this chapter on a form prescribed by the commission.
[Pre-1995 Recodification Citation: 13-8-5-4.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-5. Document Accompanying Permit Application

Sec. 5. An application for a permit must include the following:
(1) A plat of the land or lease upon which the well is to be located, together with all property and lease lines and the acreage within the tract.
(2) The location of the proposed well as certified by a professional surveyor registered under IC 25-21.5.
(3) The surface elevation of the proposed well and the method used for determining that elevation.
(4) The depth of the proposed well.
(5) The number and location of all other dry, abandoned, or producing wells located within one-fourth (1/4) mile of the proposed well.
(6) The distance from the proposed well to the three (3) nearest boundary lines of the tract.
(7) With respect to an application to drill within a city or town, a certified copy of the official consent by ordinance of the municipal legislative body.
(8) Other information determined by the commission that is necessary to administer this article.
[Pre-1995 Recodification Citation: 13-8-5-5.]
As added by P.L.1-1995, SEC.30. Amended by P.L.57-2013, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-6. Bond and Permit Fee; Expedited Review

Sec. 6. (a) A person must submit the following with an application for a permit:
(1) A bond under IC 14-37-6.
(2) A permit fee of two hundred fifty dollars ($250) payable to the department. However, a person may apply for an expedited review of the application for a permit, except for a Class II or noncommercial well, by submitting a permit fee of seven hundred fifty dollars ($750).
(b) Permit fees collected under this section must be deposited in the oil and gas fund established by IC 6-8-1-27.
[Pre-1995 Recodification Citation: 13-8-5-6.]
As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.1; P.L.186-2003, SEC.77.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-7. Operator's Signature on Permit

Sec. 7. An application must be signed by:
(1) the person; or
(2) an authorized agent of the person;
who is the operator named in the proposed permit.
[Pre-1995 Recodification Citation: 13-8-5-7.]
As added by P.L.1-1995, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 37. Oil and Gas › Chapter 4. Permits › 14-37-4-8. Permit Issuance Upon Compliance With Article and Rules

Sec. 8. (a) Except as provided in section 9 of this chapter and subject to subsections (b) and (c), if an applicant for a permit complies with:
(1) this article; and
(2) the rules adopted under this article;
the director shall issue a permit.
(b) The division shall:
(1) maintain a list of parties with experience and interest in mining commercially minable coal resources who request in writing to be given notice of the filing of complete permit applications under this chapter with respect to coal bed methane; and
(2) give written notice of each complete permit application filed under this chapter with respect to coal bed methane not later than fifteen (15) days after the filing date to each party on the list maintained under subdivision (1), and to each party that files an affidavit under IC 14-37-7-8.
(c) The notice given under subsection (b)(2) must include at least the following with respect to each proposed coal bed methane well:
(1) The location, type, and depth.
(2) The coal seam affected.
(d) The director may not issue a permit under this chapter until all of the following requirements are satisfied:
(1) At least thirty (30) days have elapsed after giving notice under subsection (b)(2).
(2) Proof of both of the following has been submitted to the director:
(A) Receipt of the permit application's written notice as provided under section 8.5(e) of this chapter.
(B) That the applicant complied with the notification to the surface owner provisions required under IC 32-23-7-6.5. The applicant may submit as proof a certified mail receipt, the surface owner's written acknowledgment of receipt of the notification, or copy of an agreement with the surface owner establishing different notification terms.
(3) The director has taken into consideration:
(A) comments received during the period referred to in subdivision (1) from a person interested in the future minability of a commercially minable coal resource; and
(B) objections made under section 8.5(h) of this chapter.
(4) The applicant has submitted to the director documentation demonstrating that the commercially minable coal seam outside the coal bed methane production area is protected adequately for future underground mining.
(5) The director has issued a finding that the requirements of subdivisions (1) through (4) and section 8.5 of this chapter have been met.
(e) Unless waived by the applicant, the director shall issue or deny a permit under this chapter within fifteen (15) days after the elapse of the thirty (30) day notice period under subsection (d)(1).
[Pre-1995 Recodification Citation: 13-8-5-8.]
As added by P.L.1-1995, SEC.30. Amended by P.L.140-2011, SEC.6; P.L.109-2015, SEC.34.