reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 7 - Well Yield › Section 7-1 - Well yield

Current through July 10, 2024
Authority: IC
				  25-39-4-9
Affected: IC 25-39
Sec. 1.
(a) Every
				well (which is to be equipped with a pump) shall be tested for yield. The well
				shall be test pumped at a capacity at least equal to the pumping rate desired
				from the well during normal usage.
(b) A well shall be developed and tested at
				capacity for a minimum of one (1) hour. The yield and drawdown shall be
				recorded.
(c) Pumping equipment
				shall be installed at a depth to allow for drawdown caused by:
(1) the pumping equipment itself;
				and
(2) seasonal water level
				fluctuations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 8 - Other Wells and Structures › Section 8-1 - Geothermal heat pump wells

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  25-39-4-2; IC
				  25-39-4-9
Affected: IC 25-39
Sec. 1.
(a) This
				section establishes standards for drilling ground water heat pump systems that
				are in addition to the general requirements for drilling a well under 312 IAC
				12.
(b) If a return well is used
				with an open loop system, its design must provide water transmitting capacity
				that is at least one and one-half (1 1/2) times the required water supply of
				the heat pump unit.
(c) With
				respect to a vertical closed loop system, boreholes must be pressure grouted
				from the bottom of the borehole to the ground surface with a neat cement or
				high solids bentonite grout that, to enhance thermal conductivity, may contain
				any of the following:
(1) Sand.
(2) Graphite.
(3) Another material approved by the
				division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 8 - Other Wells and Structures › Section 8-2 - Radial collector wells

Current through July 10, 2024
Authority: IC
				  25-39-4-2; IC
				  25-39-4-9
Affected: IC 25-39
Sec. 2.
Plans and specifications for a radial collector well must be
				  approved by the division before drilling begins. Factors to be considered by
				  the division include the following:
(1) The depth of the well.
(2) Well casing materials.
(3) Well sealing procedures.
(4) Types of aquifer materials.
(5) The location of the proposed
				well.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 8 - Other Wells and Structures › Section 8-3 - Monitoring wells

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 25-39-4-2; IC 25-39-4-9
Affected: IC 25-39
Sec. 3.
(a) This
				section establishes standards for monitoring wells that are in addition to the
				general requirements for drilling a well under this article.
(b) A monitoring well shall be equipped with
				casing. The composition, wall thickness, and nominal diameter of the casing
				shall be sufficient to allow the well to be used for its intended
				purpose.
(c) Monitoring well casing
				shall be new first class material that meets the American Society of Testing
				Materials (ASTM) standards ASTM A-120 (1984) or ASTM A-53 (1987) or the
				American Petroleum Institute (API) standards API-5A or API-5L (1987).
				Thermoplastic pipe shall comply with ASTM F-480 (1981). Well casing shall be as
				follows:
(1) Clean and free of rust, grease,
				oil, or contaminants and composed of materials that will have minimal impact on
				the quality of a water sample.
(2)
				Centered in the borehole and free of obstructions so monitoring devices can be
				lowered into the well.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 8 - Other Wells and Structures › Section 8-4 - Dewatering wells

Current through July 10, 2024
Authority: IC
				  25-39-4-9
Affected: IC 25-39
Sec. 4.
(a) This
				section establishes standards for dewatering wells which are in addition to the
				general requirements for drilling a well under this article.
(b) A dewatering well shall be equipped with
				casing having a nominal diameter of at least one and one-fourth (1¼)
				inches. The casing shall be clean and free of grease, oil, or other
				contaminants that would impact water quality.
(c) Upon installation, a dewatering well must
				be fitted with a temporary cap which remains in place until pumping equipment
				is installed. The cap shall be of a type that prevents vermin or other
				potential contaminants from entering the well.
(d) Earthen materials shall be placed around
				the well casing to drain surface water away from the dewatering well.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 9 - Well Disinfection › Section 9-1 - Disinfection procedures for drilled wells

Current through July 10, 2024
Authority: IC
				  25-39-4-2; IC
				  25-39-4-9
Affected: IC 25-39
Sec. 1.
(a) Except as
				provided in subsection (d), the following procedures shall be used for the
				disinfection of drilled wells:
(1) The amount
				of water in the well shall be determined by multiplying the gallons per foot by
				the number of feet of water in the well according to the following table:
Diameter of Well in Inches
Gallons Per Foot
2
.16
3
.37
4
.65
5
1.00
6
1.50
8
2.60
10
4.10
12
6.00
(2)
				At least one hundred (100) parts per million of chlorine concentration in water
				are required for disinfection. For each one hundred (100) gallons of water in
				the well, the amount of chlorine liquid or compound shown in the following
				table shall be used:
Laundry Bleach (5.25% chlorine)
Hypochlorite Granules (70% chlorine)
3 cups
2 ounces
(3)
				The solution prepared under subdivision (2) shall be poured into the well to
				ensure the casing walls are wetted before the cover, cap, or seal is
				installed.
(4) Instead of the
				applications described in subdivisions (1) through (2), another application of
				chlorine may be substituted by a water well driller which results in a chlorine
				concentration of at least one hundred (100) parts per
				million.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 9 - Well Disinfection › Section 9-2 - Disinfection procedures for bucket wells

Current through July 10, 2024
Authority: IC
				  25-39-4-2; IC
				  25-39-4-9
Affected: IC 25-39
Sec. 2.
The following procedures shall be used for the disinfection
				  of bucket wells:
(1) The amount of
				disinfectant required is determined primarily by the amount of water in the
				well. The following table establishes the amount of chlorine to use for each
				foot of water in the well:
Diameter of well in feet
3
4
5
6
7
8 10
Amount of 5.25%
1.5
3
4.5
6
9
12 18
laundry bleach to use per
foot of water (in cups)
Amount of .70%
1
2
3
4
6
8 12
hypochlorite (in cups)
(2)
				To determine the amount of bleach, multiply the amount of disinfectant
				indicated as determined by the diameter of the well times the number of feet of
				water in the well.
(3) The amount
				of bleach determined under subdivision (2) shall be added to approximately ten
				(10) gallons of water and splashed around the lining or wall of the well. The
				entire amount of disinfectant must be circulated so that the solution contacts
				all parts of the well.
(4) The top
				of the well must be sealed.
(5)
				Instead of the applications described in this section, another application of
				chlorine may be substituted which results in a chlorine concentration of one
				hundred (100) parts per million.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 10 - Landowner Responsibility for Abandonment and Plugging of Wells › Section 10-1 - Temporary abandonment of wells

Current through July 10, 2024
Authority: IC
				  25-39-4-2; IC
				  25-39-4-6; IC
				  25-39-4-9
Affected: IC 25-39
Sec. 1.
A well which has not been used for more than three (3)
				  months without being permanently abandoned must be sealed at or above the
				  ground surface by a welded, threaded, or mechanically attached watertight cap.
				  The well shall be maintained so that the well does not become a source or
				  channel of ground water contamination.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 10 - Landowner Responsibility for Abandonment and Plugging of Wells › Section 10-2 - Permanent abandonment of wells

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 25-39-4
Affected: IC 25-39
Sec. 2.
(a) A well
				abandoned before January 1, 1988, must be sealed at or above the ground surface
				by a welded, threaded, or mechanically attached watertight cap. The well shall
				be maintained so the well does not become a source or channel of ground water
				contamination. A well that poses a hazard to human health must also be plugged
				under subsection (c). A cased or uncased bucket well or a hand dug well (other
				than buried slab construction) that was abandoned before January 1, 1988, shall
				be closed in conformance with one (1) of the following procedures:
(1) Covered with a reinforced concrete slab:
(A) at least four (4) inches thick;
				and
(B) having a diameter larger
				than the nominal diameter of the borehole or the well
				casing.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 11 - Inspections › Section 11-1 - Inspections; compliance

Current through July 10, 2024
Authority: IC
				  25-39-4-2; IC
				  25-39-4-9
Affected: IC 25-39
Sec. 1.
A conservation officer or another representative of the
				  department may:
(1) observe the
				installation of a water well or pump; and
(2) inspect equipment used to drill a well or
				install a pump.
Work that does not comply with this article or IC 25-39 must
				  be promptly corrected by the water well driller or water well pump installer.
				  Work that is covered contrary to the request of a department representative
				  must, upon request, be uncovered for inspection and replaced by the water well
				  driller or pump installer.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 11 - Inspections › Section 11-2 - Inspections by the department of records of a water well driller or water well pump installer

Current through July 10, 2024
Authority: IC
				  25-39-4
Affected: IC 25-39
Sec. 2.
A conservation officer or another representative of the
				  department may, at any reasonable time, inspect any record maintained by a
				  water well driller or water well pump installer that is needed to comply with
				  IC 25-39 or this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 12 - Enforcement › Section 12-1 - Administrative enforcement

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 25-39-4-2; IC 25-39-4-9
Affected: IC 4-21.5; IC 25-39
Sec. 1.
(a) This rule
				governs enforcement of IC 25-39 and this article by the department under IC
				4-21.5 and
				312 IAC 3-1.
(b) This rule does not limit the authority to
				enforce IC 25-39 and this article through any other lawful method.
(c) This rule does not establish a basis for
				an action against a water well driller or water well pump installer by a person
				other than the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 12 - Enforcement › Section 12-2 - Suspension or revocation of a license as a water well driller or water well pump installer

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 25-39-4-2; IC 25-39-4-9
Affected: IC 4-21.5-3-6; IC 4-21.5-4; IC 25-39-4
Sec. 2.
(a) The
				division may seek to suspend or revoke the license of a water well driller or
				water well pump installer who has done any of the following:
(1) Acted as a well driller or water well
				pump installer without a license in violation of IC 25-39.
(2) Secured a license through error or
				fraud.
(3) Failed to comply with
				the requirements set forth in any of the following:
(A) IC 25-39-4-1, IC 25-39-4-2, IC 25-39-4-4,
				IC 25-39-4-5, or IC 25-39-4-6.
(B)
											312 IAC 13-2 through
				312 IAC
				13-10.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 12 - Enforcement › Section 12-3 - Denial of a new, renewal, or restoration license as a water well driller or water well pump installer

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 25-39-4-2; IC 25-39-4-9
Affected: IC 4-21.5-3-5; IC 4-21.5-4; IC 25-39-4
Sec. 3.
(a) The
				division may refuse to grant, renew, or restore a license to a person who has
				done any of the following:
(1) Acted as a
				well driller or water well pump installer without a license in violation of IC
				25-39.
(2) Secured a license
				through error or fraud.
(3) Failed
				to comply with the requirements set forth in any of the following:
(A) IC 25-39-4-1, IC 25-39-4-2, IC 25-39-4-4,
				IC 25-39-4-5, or IC 25-39-4-6.
(B)
											312 IAC 13-2 through
				312 IAC
				13-10.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 12 - Enforcement › Section 12-4 - Administrative review of a sanction against a water well drilling license

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  25-39-4-2; IC
				  25-39-4-9
Affected: IC 25-39
Sec. 4.
(a) The
				commission may consider the factors set forth in this section in conducting
				administrative review of an order issued by the department under section 2 or 3
				of this rule.
(b) Mitigating
				factors are as follows:
(1) The person against
				whom action is taken has not previously been adjudicated by the commission or a
				court to have violated IC 25-39 or this article.
(2) The violation appears to have been
				unintentional.
(3) The violation
				was an isolated occurrence.
(4)
				Contamination is unlikely to have occurred as a result of the
				violation.
(5) Where a violation
				has occurred, the person has acted diligently to correct the
				violation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 13 - WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS › Rule 12 - Enforcement › Section 12-5 - Notice of violation

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  25-39-4-2; IC
				  25-39-4-9
Affected: IC
				  4-21.5-3-8; IC
				  14-10-2-6; IC
				  25-39-5
Sec. 5.
(a) The
				department may issue a complaint for a notice of violation under IC
				14-10-2-6 against a person who
				violates IC
				25-39-5. The complaint shall be
				filed with the division of hearings of the commission and is subject to IC
				4-21.5-3-8. The division of
				hearings shall cause the complaint to be served upon the parties named in the
				complaint.
(b) The department has
				the burden of proving any violation alleged in the complaint by a preponderance
				of the evidence.
(c) A separate
				notice of violation may be issued or a separate charge imposed for each day a
				violation occurs.
(d) The person
				who is the subject of the complaint may establish as an affirmative defense the
				filing by a prosecuting attorney of a misdemeanor information or infraction
				complaint based on the same event as that upon which the notice of violation
				was based. The person has the burden of proving the affirmative
				defense.
(e) If following a
				completed proceeding under IC 4-21.5 the commission finds the violation
				occurred, the commission shall order the person to abate the violation within a
				reasonable period of time. The abatement period shall not be less than fifteen
				(15) days. The order shall also specify that, if the violation is not abated
				within the specified time, the person shall pay a charge that does not exceed
				the maximum amount that may be assessed by a court for committing the violation
				as an infraction or misdemeanor.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 1 - Application and Administration › Section 1-1 - Application of article

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC
				  25-36.5-1-3.2
Sec. 1.
(a) This
				article governs each of the following actions under IC 25-36.5-1 and any
				proceedings resulting from those actions:
(1)
				The issuance, suspension, or revocation of a license to act as a timber buyer
				or as an agent.
(2) The issuance of
				a notice of violation.
(3) The
				issuance of a civil penalty.
(4)
				The issuance or forfeiture of a bond.
(5) A complaint filed under IC
				25-36.5-1-3.2
				against a timber buyer or timber cutter.
(6) Any other action controlled by IC
				25-36.5-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 1 - Application and Administration › Section 1-2 - Administration

Current through July 10, 2024
Authority: IC 25-36.5-1-9
Affected: IC 4-21.5; IC 25-36.5-1-3.2
Sec. 2.
(a) This
				article is administered by the division of forestry.
(b) Where this article specifically grants to
				the division of forestry authority to take action, the division director may
				delegate the authority to any employee of the division of forestry.
(c) Administrative review of a determination
				by the division of forestry or of a complaint filed under IC 25-36.5-1-3.2 is
				governed by IC 4-21.5 and
				312 IAC
				3-1.
(d)
				The commission is the ultimate authority for an action under this
				article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-1 - Application of definitions

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-2 - "Agent" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 2.
"Agent" means an individual who represents a timber buyer in
				  effecting or attempting to effect purchases of timber.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-3 - "Bond" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 3.
"Bond" means a surety bond, cash, or certificate of deposit
				  posted by a timber buyer under IC 25-36.5-1 for the use and benefit of the
				  people of Indiana and for the use and benefit of any timber
				  grower.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-4 - "Buying" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 4.
"Buying" means acquiring an interest in property by the
				  payment of a price, value, or other consideration.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-5 - "Division director" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 5.
"Division director" refers to the director of the division
				  of forestry. The division director is also sometimes referred to as the state
				  forester.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-6 - "Division of forestry" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 6.
"Division of forestry" refers to the division of forestry of
				  the department. The address for the division of forestry is as follows:
Division of Forestry
Department of Natural Resources
Indiana Government Center-South
402 West Washington Street, Room W296
Indianapolis, Indiana 46204
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-7 - "Division of hearings" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 7.
"Division of hearings" refers to the division of hearings of
				  the commission. The address for the division of hearings is as follows:
Division of Hearings
Natural Resources Commission
Indiana Government Center-North
100 North Senate Avenue, Room N103
Indianapolis, Indiana 46204-2273
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-8 - "Engaged in the business of buying timber" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 8.
"Engaged in the business of buying timber" means either of
				  the following:
(1) The exertion of
				control over the sale of timber as demonstrated by any of the following
				occurrences:
(A) The purchase of timber
				directly or through an agent from a timber grower.
(B) The selection of which or how much timber
				is cut. This clause does not include a person employed by a timber grower to
				provide technical expertise concerning timber valuation or
				management.
(C) The selection of a
				person to act as a feller, skidder, or hauler.
(D) The direction of timber to a particular
				market.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-9 - "Timber" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 9.
"Timber" means trees, standing or felled, and logs which can
				  be used for sawing or processing into lumber for building or structural
				  purposes or for the manufacture of any article. The term does not include
				  firewood, Christmas trees, fruit or ornamental trees, or wood products not used
				  or to be used for building, structural, manufacturing, or processing
				  purposes.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-10 - "Timber buyer" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 10.
"Timber buyer" means a person engaged in the business of
				  buying timber from timber growers for sawing into lumber, processing, or
				  resale, but does not include a person who occasionally purchases timber for
				  sawing or processing for his own use and not for resale.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-11 - "Timber cutter" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 11.
"Timber cutter" means a person who cuts timber but who is
				  not a timber buyer.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 2 - Definitions › Section 2-12 - "Timber grower" defined

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 12.
"Timber grower" means the owner, tenant, or operator of land
				  in this state who has an interest in, or is entitled to receive any part of the
				  proceeds from, the sale of timber grown in this state and includes persons
				  exercising lawful authority to sell timber for a timber grower.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 3 - Licensing and Bonding of Timber Buyers and Agents › Section 3-1 - Licensing of timber buyer

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 1.
(a) No person
				shall engage in the business of timber buying in this state without a
				registration certificate issued by the department.
(b) An application by a timber buyer for a
				registration certificate shall be prepared on a department form and delivered
				to the division of forestry.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 3 - Licensing and Bonding of Timber Buyers and Agents › Section 3-2 - Bonding of timber buyers

Current through July 10, 2024
Authority: IC
				  25-36.5-1-3;
				  IC
				  25-36.5-1-9
Affected: IC
				  25-36.5-1-3.5;
				  IC
				  28-1-1-3
Sec. 2.
(a) Every
				person registered as a timber buyer must file and maintain a bond with the
				department under IC
				25-36.5-1-3.
(b) The bond required under subsection (a)
				may consist of any of the following:
(1) An
				effective surety bond issued by a corporate surety holding an applicable
				certificate of authority from the department of insurance, state of
				Indiana.
(2) Cash deposited with
				the division of forestry and held in an account dedicated to the purposes set
				forth in IC
				25-36.5-1-3.
				Cash deposited under this subdivision shall not be returned to a timber buyer
				except under IC
				25-36.5-1-3.5.
(3) A certificate of deposit issued by a
				financial institution as defined in IC
				28-1-1-3.
				The certificate of deposit shall be held by and assigned to the department and
				shall not be returned to a timber buyer except under IC
				25-36.5-1-3.5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 3 - Licensing and Bonding of Timber Buyers and Agents › Section 3-3 - Denial of a timber buyer registration certificate

Current through July 10, 2024
Authority: IC
				  25-36.5-1-4.9;
				  IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 3.
The division of forestry may refuse to issue a timber buyer
				  registration certificate to an applicant that has done any of the following
				  within ten (10) years before filing the application:
(1) Been convicted of robbery, burglary,
				arson, forgery, fraud, or another felony by which the applicant deprived or
				sought to deprive another person of property by force or deception. In
				determining whether to refuse issuance of the registration certificate,
				however, the division of forestry shall consider the criminal acts of the
				applicant supporting the conviction as they bear upon fitness to serve as a
				licensed timber buyer.
(2) Violated
				IC 25-36.5-1.
(3) Violated this
				article or violated 310 IAC 23 before its repeal.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 3 - Licensing and Bonding of Timber Buyers and Agents › Section 3-4 - Issuance and renewal of a timber buyer registration certificate

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC
				  4-21.5-3-4;
				  IC
				  25-36.5-1-6
Sec. 4.
(a) The
				division of forestry shall issue a timber registration certificate upon a
				determination that an applicant has complied with IC
				25-36.5-1-6
				and this rule.
(b) A registration
				is valid for a calendar year and may be renewed annually by a timber buyer. A
				copy of the registration certificate must be posted by the timber buyer in the
				principal office of the timber buyer in this state.
(c) Upon request for a certificate and
				payment of the fee, the division of forestry shall issue to the licensed timber
				buyer a copy of the certificate to evidence that a certificate of registration
				has been granted and a bond filed as required by IC 25-36.5-1.
(d) The issuance and renewal of a timber
				buyer registration certificate are governed by IC
				4-21.5-3-4.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 4 - Department Sanctions Against Timber Buyers, Agents, and Other Persons Who Violate this Article › Section 4-1 - Suspensions and revocations of licenses

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC
				  4-21.5-3-8;
				  IC 4-21.5-4; IC 25-36.5-1
Sec. 1.
(a) The
				division director may file a complaint under IC
				4-21.5-3-8,
				with the division of hearings, which seeks to suspend or revoke a timber
				buyer's registration certificate or an agent's license.
(b) A violation of IC 25-36.5-1 or this
				article must be established by the department in order to support a suspension
				or revocation.
(c) The suspension
				of a timber buyer's registration automatically suspends any agent's license
				issued for that registration. The revocation of a timber buyer's registration
				certificate automatically revokes any agent's license issued for that
				registration.
(d) The director or
				the division director may, under IC 4-21.5-4, suspend a timber buyer's
				registration or an agent's license if an emergency exists.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 4 - Department Sanctions Against Timber Buyers, Agents, and Other Persons Who Violate this Article › Section 4-2 - Notices of violation

Current through July 10, 2024
Authority: IC 25-36.5-1-9
Affected: IC 4-21.5-3-6; IC 25-36.5-1
Sec. 2.
(a) The
				division of forestry may, under IC 4-21.5-3-6, issue a notice of violation
				against a timber buyer who violates IC 25-36.5-1 or this article.
(b) The notice of violation shall be in
				writing and include the following:
(1) A
				designation that the document is a "Notice of Violation".
(2) The name of the timber buyer against
				which the notice is directed and the name of any person who has provided bond
				for the timber buyer under this article.
(3) The nature of the violation.
(4) What action is appropriate to abates the
				violation.
(5) A statement that a
				person aggrieved by the notice of violation shall, within twenty-three (23)
				days of issuance, either abates the violation or request administrative review
				from the division of hearings. The department and the timber buyer may,
				however, enter an agreement by which the period for abatement is extended
				beyond twenty-three (23) days.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 4 - Department Sanctions Against Timber Buyers, Agents, and Other Persons Who Violate this Article › Section 4-3 - Penalties

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC
				  4-21.5-3-8;
				  IC 25-36.5-1
Sec. 3.
(a) The
				division of forestry may file a complaint under IC
				4-21.5-3-8,
				with the division of hearings, which seeks to impose a civil penalty against a
				person who violates IC 25-36.5-1 or this article.
(b) A civil penalty imposed under this
				section may not exceed the following limits:
(1) For engaging in business as a timber
				buyer without securing a timber buyer's registration certificate, ten thousand
				dollars ($10,000).
(2) For engaging
				as an agent of a timber buyer without holding an agent's license, ten thousand
				dollars ($10,000).
(3) For any
				other violation, one thousand dollars ($1,000).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 5 - Bond Forfeitures › Section 5-1 - Issuance of bond forfeiture

Current through July 10, 2024
Authority: IC 25-36.5-1-9
Affected: IC 4-21.5-3-6; IC 25-36.5-1
Sec. 1.
The division director may, under IC 4-21.5-3-6, issue a
				  notice of bond forfeiture for any of the following reasons:
(1) A timber buyer has failed, as determined
				following a completed proceeding under
				312
				IAC 14-6, to pay when due any amount owed to a timber
				grower for timber purchased.
(2) A
				timber buyer has failed, as determined following a completed proceeding under
				312
				IAC 14-6, to pay damages for timber wrongfully cut by
				a timber buyer or an agent.
(3) A
				notice of violation has been issued against a timber buyer under
				312 IAC
				14-4-2 and the timber buyer has failed to do either of
				the following:
(A) Abates the
				violation.
(B) Request
				administrative review of the notice of violation in a timely fashion. Provided,
				however, that the division director may forfeit bond where the opportunity for
				review is exhausted, and a determination is made with respect to a notice of
				violation which is adverse to a timber buyer.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 5 - Bond Forfeitures › Section 5-2 - Notice of bond forfeiture

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1
Sec. 2.
A notice of bond forfeiture shall be in writing and include
				  the following:
(1) A designation that
				the document is a notice of bond forfeiture under the Indiana timber buyer's
				law.
(2) The name of the timber
				buyer secured by the bond.
(3) The
				basis for the bond forfeiture.
(4)
				A statement that the person providing the bond shall, within eighteen (18) days
				of issuance of the notice, either forfeit the bond to the department or request
				administrative review from the division of hearings.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 6 - Proceedings for Timber Wrongfully Cut or for which Full Compensation is not Received by a Timber Grower › Section 6-1 - Initiation of a proceeding

Current through July 10, 2024
Authority: IC 25-36.5-1-9
Affected: IC 4-21.5-3-8; IC 25-36.5-1-3.2; IC 26-1-2
Sec. 1.
(a) The
				division director or a timber grower may, under IC 4-21.5-3-8, file a complaint
				with the division of hearings against a timber buyer or a timber cutter to seek
				compensation under IC 25-36.5-1-3.2 and this rule.
(b) The division director or a timber grower
				may file a complaint only if there is reason to believe that:
(1) the timber buyer or timber cutter has
				acquired timber from a timber grower under a written contract for the sale of
				timber without payment having been made to the timber grower as specified in
				the contract; or
(2) if:
(A) there is no written contract for the sale
				of timber; or
(B) there is a
				written contract for the sale of timber but the contract does not set forth the
				purchase price for the timber; the timber buyer or timber cutter has cut timber
				or acquired timber from the timber grower without payment having been made to
				the timber grower equal to the value of the timber as described under IC
				26-1-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 6 - Proceedings for Timber Wrongfully Cut or for which Full Compensation is not Received by a Timber Grower › Section 6-2 - Contents of administrative complaint

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 25-36.5-1; IC 26-1-2
Sec. 2.
(a) A
				complaint filed under this rule shall include the following:
(1) The name and address of the timber
				grower.
(2) The name and address of
				the timber buyer or timber cutter.
(3) An averment that the timber buyer or
				timber cutter:
(A) has acquired timber from
				the timber grower under a written contract for the sale of timber without
				payment having been made to the timber grower as specified in the contract;
				or
(B) if:
(i) there is no written contract for the sale
				of timber; or
(ii) there is a
				written contract for the sale of timber but the contract does not set forth the
				purchase price for the timber; the timber buyer or timber cutter has cut timber
				or acquired timber from the timber grower without payment having been made to
				the timber grower equal to the value of the timber as determined under IC
				26-1-2.
(4) A
				description of the location or locations where the timber was alleged to have
				been cut. This description shall be referenced with reasonable particularity
				and shall include the county or counties affected.
(5) The date or dates when the subject timber
				is alleged to have been cut.
(6) A
				claim for damages, which claim shall be limited to the following:
(A) Damages in compensation for damage
				actually resulting from the wrongful activities of a timber buyer or timber
				cutter.
(B) Damages equal to three
				(3) times the stumpage value of any timber that is wrongfully cut or
				appropriated without payment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 6 - Proceedings for Timber Wrongfully Cut or for which Full Compensation is not Received by a Timber Grower › Section 6-3 - Prehearing conferences

Current through July 10, 2024
Authority: IC 25-36.5-1-9
Affected: IC 4-21.5-3-19; IC 4-21.5-3.5; IC 25-36.5-1
Sec. 3.
(a) As soon
				as practicable after filing a complaint, an administrative law judge shall be
				appointed under
				312 IAC 3-1 to
				conduct the proceeding.
(b) The
				administrative law judge shall schedule an initial prehearing conference to be
				conducted within forty-five (45) days after filing the complaint.
(c) A purpose of the initial prehearing
				conference is to provide the parties with an opportunity for settlement,
				including an opportunity for mediation under IC 4-21.5-3.5. In addition, any
				purpose set forth in IC
				4-21.5-3-19
				may be pursued.
(d) The
				administrative law judge may conduct any additional prehearing conference or
				conferences.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 6 - Proceedings for Timber Wrongfully Cut or for which Full Compensation is not Received by a Timber Grower › Section 6-4 - Necessary parties; joinder; intervention

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC
				  4-21.5-3-21;
				  IC
				  25-36.5-1-3.2
Sec. 4.
(a) The
				necessary parties to a proceeding under this rule are:
(1) the timber grower;
(2) the timber buyer or timber cutter;
				and
(3) if the department under IC
				25-36.5-1-3.2(b)
				 initiated the proceeding by filing a
				complaint, the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 14 - TIMBER BUYERS, THEIR AGENTS, AND TIMBER GROWERS › Rule 6 - Proceedings for Timber Wrongfully Cut or for which Full Compensation is not Received by a Timber Grower › Section 6-5 - Hearings

Current through July 10, 2024
Authority: IC
				  25-36.5-1-9
Affected: IC 4-21.5-3; IC 25-36.5-1
Sec. 5.
(a) Notice of
				a hearing shall conform to the requirements of IC
				4-21.5-3-20.
(b) In selecting the site for a hearing, the
				administrative law judge shall consider the convenience of the parties. Unless
				otherwise agreed to by the parties, a hearing site shall be located in the
				region where either:
(1) the majority of the
				parties reside or are domiciled; or
(2) the subject property is
				located.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 1.
The purpose of this article is to provide minimum standards
				  of good forest and resource management for property that is classified as
				  forest plantation land, native forest land, or wildland under IC
				  6-1.1-6.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-2 - Administration by division of forestry

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16
Affected: IC 6-1.1-6
Sec. 2.
This article and IC 6-1.1-6 are administered by the division
				  of forestry of the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-3 - Administrative review of an order by a district forester

Current through July 10, 2024
Authority: IC 6-1.1-6-16
Affected: IC 4-21.5; IC 6-1.1-6
Sec. 3.
(a) A person
				who is aggrieved by an order or directive of a district forester made under
				this article may request a review of the order or directive by the state
				forester. A response to the review request shall be provided within fourteen
				(14) days by the state forester or by another employee of the division of
				forestry designated by the state forester to consider the request.
(b) A person who is aggrieved by the response
				of the state forester (or the employee designated by the state forester), made
				under subsection (a), may obtain administrative review of the order by the
				commission under IC 4-21.5 and
				312 IAC 3-1. If
				a timely response is not made under subsection (a), an aggrieved person may
				treat the lack of a response as a denial of relief by the state forester and
				obtain administrative review by the commission under this subsection.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-4 - Revocation of certification

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC
				  4-21.5-3-8;
				  IC 6-1.1-6
Sec. 4.
(a) The state
				forester may initiate a proceeding, under IC
				4-21.5-3-8,
				to revoke classified status under IC 6-1.1-6 for forest plantation land, native
				forest land, or wildland if the owner violates, or allows the violation by
				another person of, any of the following:
(1)
				IC 6-1.1-6.
(2) This
				article.
(3) The management plan
				established for the real estate and included within the forest plantation land,
				native forest land, or wildland.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-5 - "Commercial harvest" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 5.
As used in this article, "commercial harvest" means the
				  felling or removal of one (1) or more trees for sale to, or use by, a person
				  other than the owner.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-6 - "District forester" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 6.
As used in this article, "district forester" means an
				  employee of the department who:
(1) is
				a professional forester; and
(2) is
				responsible for the administration of IC 6-1.1-6 within designated
				counties.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-7 - "Management plan" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 7.
As used in this article, "management plan" means a written
				  document prepared by a district forester, or by a professional forester or
				  wildlife biologist and approved by a district forester, which meets the
				  following requirements:
(1) The plan
				is prepared in consultation with the owner or an authorized representative of
				the owner and signed by the owner or an authorized representative of the
				owner.
(2) The plan adequately
				describes the forest plantation land, native forest land, or wildland being
				entered into classified status.
(3)
				The plan prescribes management practices for the classified land that:
(A) meet the objectives of the owner;
				and
(B) satisfy IC 6-1.1-6 and this
				article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-8 - "Owner" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 8.
As used in this article, "owner" means a person or entity
				  who owns real estate that is classified as forest plantation land, native
				  forest land, or wildland under IC 6-1.1-6.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-9 - "Professional forester" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 9.
As used in this article, "professional forester" means a
				  person who holds a bachelor of science degree in forest management or a closely
				  related forestry curriculum from a college or university accredited by the
				  Society of American Foresters.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-10 - "State forester" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16
Affected: IC 6-1.1-6
Sec. 10.
As used in this article, "state forester" means the director
				  of the division of forestry of the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 1 - Administration and Definitions › Section 1-11 - "Wildlife biologist" defined

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 11.
As used in this article, "wildlife biologist" means a person
				  who holds a minimum of a bachelor of science degree in wildlife management or
				  closely related curriculum.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 2 - Maintenance of Land Classified as a Forest Plantation or a Native Forest › Section 2-1 - Minimum standards of good resource management in maintenance of classified lands

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 1.
The owner of land classified as a forest plantation under IC
				  6-1.1-6-2,
				  wildland under IC
				  6-1.1-6-2.5, or a
				  native forest under IC
				  6-1.1-6-3
				  shall do each of the following:
(1)
				Maintain the land according to its management plan.
(2) Prevent excessive erosion and control the
				deposition of sediment off-site.