reglab/statecodes huggingface dataset:
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 2-2 - Notification of commercial harvest

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16
Affected: IC 6-1.1-6
Sec. 2.
The owner of a forest classified under IC 6-1.1-6 shall
				  provide written notice of a commercial harvest in the first annual report filed
				  with the state forester following the harvest.
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 2-3 - Timber stand improvement

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16
Affected: IC 6-1.1-6
Sec. 3.
An owner shall provide for improvement to a timber stand
				  if:
(1) required in a management plan;
				or
(2) directed by a district
				forester following a commercial harvest of timber.
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 2-4 - Salvage of timber following natural catastrophes

Current through July 10, 2024
Authority: IC
				  6-1.1-6-16;
				  IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 4.
If a sudden and unexpected natural catastrophe occurs, which
				  seriously damages the merchantable trees within a classified area, the owner
				  may immediately salvage the trees.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 15 - FOREST AND RESOURCE MANAGEMENT › Rule 3 - Alternative Parcel Description › Section 3-1 - Geographic information system alternative

Current through July 10, 2024
Authority: IC
				  6-1.1-6-9; IC
				  14-10-2-4
Affected: IC 6-1.1-6
Sec. 1.
(a) The
				originator of the description and plat may use geographic information systems
				(GIS), in accordance with the state of Indiana GIS standard, with a county GIS
				tax parcel layer or a digitized property deed in conjunction with:
(1) a geo-referenced, digital aerial photo;
				or
(2) global positioning system
				(GPS) points with a minimum of three (3) meter accuracy; to describe and plat
				the parcel.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC 14-38
Sec. 1.
The following definitions apply throughout this rule:
(1) "Commence to drill a well" means the
				institution of work in good faith with drilling equipment adequate for the
				drilling of a well to a depth that will reasonably test the oil and gas
				productiveness of the public lands where the well is commenced.
(2) "Division director" refers to the
				director of the division of oil and gas.
(3) "Gross value" means the value of
				petroleum at the well produced and saved, without deduction for expense of
				production.
(4) "Petroleum" means
				any liquid or gaseous hydrocarbon occurring in nature beneath the surface of
				the earth.
(5) "Proven territory"
				means territory so situated with reference to known producing wells as to
				establish the general opinion that, because of its relation to them, petroleum
				is contained in it.
(6) "Public
				lands" means lands and areas belonging to, or subsequently acquired by, the
				state or any of its institutions, including lands of every kind and
				nature.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-2 - Division director; duties

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC 14-38-1
Sec. 2.
The division director is designated as the supervisor of
				  leasing of public lands for exploration and production. The division director
				  is charged with the duties of carrying out IC 14-38-1 and this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-3 - Classification of public lands for exploration or leasing

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-7;
				  IC
				  14-38-1-14
Sec. 3.
The commission will classify public lands from time to time
				  as proven territory or not proven territory, before offering the lands for
				  exploration or leasing for production. Classification will be made on the basis
				  of geological information and general information concerning the production of
				  oil and gas.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-4 - Duration of permit; maximum duration

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-9
Sec. 4.
The commission shall determine the duration of a permit, not
				  to exceed one (1) year, to prospect and explore public lands.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-5 - Commencement date of operations

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-14
Sec. 5.
A permittee shall commence geological, geophysical, or
				  drilling operations within thirty (30) days after a permit is issued. Upon a
				  showing by the permittee of good cause, the commission may extend the
				  commencement date for an additional period of thirty (30) days.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-6 - Application for permit; notice of publication

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-14
Sec. 6.
(a) The
				commission may, through a publication under subsection (c), offer any public
				lands for exploration or production.
(b) A person who wishes to prospect and
				explore public lands, or to obtain a lease of public lands for production
				purposes, must make a written application to the division at its offices in
				Indianapolis. The application shall set forth the description of the lands and,
				if the application is for the purpose of exploration, describe the nature of
				the exploratory work contemplated.
(c) Upon receipt of an application under
				subsection (b), the commission may do either of the following:
(1) Return the application with the statement
				that the lands described are not available for exploration or
				production.
(2) If the lands are
				considered available, the commission shall publish a notice in at least one (1)
				newspaper of general circulation in the county in which the land lies, or if no
				newspaper is published in the county, in a newspaper in an adjoining county.
				Notice in writing shall also be given to at least ten (10) operators in the
				state. A notice under this subdivision shall be made at least ten (10) days
				before the deadline for receiving bids. The notice shall describe the public
				lands to be offered for exploration or production, any special terms and
				conditions, and the time and place that bids will be opened. A person desiring
				to receive notices under this subdivision may do so by filing a request with
				the division director setting forth the year covered by the request.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-7 - Protection of private rights; permission of controlling state division required

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-17;
				  IC
				  14-38-1-18
Sec. 7.
(a) No
				exploratory or prospecting operations shall be commenced until a permit
				applicant has filed with the department a signed statement by any person
				claiming private rights affected by the operation. The statement shall set out
				the nature of the rights and how the rights would be protected or compensated.
				A permit applicant shall indicate by affidavit if the permit applicant believes
				there are no affected private rights.
(b) If a permit sought to prospect and
				explore covers lands under the jurisdiction of the department, the division
				director shall inform the division director for the division which administers
				the property and obtain the written approval of the division director before
				submitting a lease to the commission.
(c) If a permit and lease is sought for
				public lands controlled by a state agency other than the department, the
				division director shall inform the other agency of the application and obtain
				its written consent before approval is given.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-8 - Conformation to spacing and drilling unit rules

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-11
Sec. 8.
The area sought to be leased under IC
				  14-38-1-11
				  may be in one (1) continuous and unbroken tract or in several tracts. The tract
				  or tracts selected must be of a size and shape that conforms to the spacing
				  rules and established drilling units for the area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-9 - Permits required

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC 14-37; IC 14-38-1
Sec. 9.
A person who obtains a lease under this rule must obtain a
				  permit under, and conform to the requirements of, IC 14-37 and 312 IAC 29
				  before commencing a well for oil and gas purposes.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-10 - Surety bond; when required

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-8;
				  IC
				  14-38-1-9
Sec. 10.
The department may require that a permittee to prospect and
				  explore file a surety bond conditioned upon full payment by the permittee for
				  damages to the leased area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-11 - Royalties; rental fees

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-11;
				  IC
				  14-38-1-12
Sec. 11.
The royalties to the state for a lease under this rule shall
				  be twelve and one-half percent (12½%) of petroleum produced and saved
				  (or the market value of the petroleum at the option of the commission). The
				  annual rental shall be one dollar ($1) an acre payable in advance.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-12 - Competitive bids on production leases

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-14
Sec. 12.
A lease for production made under IC
				  14-38-1-14
				  shall be offered under IC
				  14-38-1-14(b)(1)
				   on a competitive basis. The details of the
				  offer and acceptance of bids shall be fixed in each notice published as
				  required in section 6 of this rule. The amount of the bid bond shall also be
				  fixed for an offer.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-13 - Unitization of state lands for common development, exploration, and operation

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-17
Sec. 13.
Every lease of public lands shall contain a clause
				  authorizing the unitization of the land with other lands for common
				  development, exploration, and operation. The commission may incorporate in a
				  lease of public lands a unitization requirement. This section does not limit
				  the authority granted to the commission by IC
				  14-38-1-17.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 1 - Administration of the Exploration for and Production of Oil and Gas from Public Lands › Section 1-14 - Determination of rapidity and extent of development

Current through July 10, 2024
Authority: IC
				  14-38-1-19
Affected: IC
				  14-38-1-22
Sec. 14.
The commission may determine in the lease the rapidity and
				  extent of development of an oil or gas field.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 14-38-2-7
Affected: IC 14-9-4-1; IC 14-38-2
Sec. 1.
The following definitions apply throughout this rule:
(1) "Commission representative" means an
				employee of the division who is authorized by the commission to perform the
				powers and duties set forth in IC 14-38-2 and this rule.
(2) "Division" refers to the division of oil
				and gas established under IC 14-9-4-1(15).
(3) "Division director" refers to the
				director of the division of oil and gas.
(4) "Fresh water" means water that contains
				not more than ten thousand (10,000) milligrams per liter of total dissolved
				solids.
(5) "Mud-laden fluid" means
				a mixture that is predominately water and clay, but may contain fabricated
				additives.
(6) "Operator" refers to
				a person issued a permit under IC 14-38-2 or engaging in an activity for which
				a permit is required under IC 14-38-2.
(7) "Stratum" means a single sedimentary bed
				or layer that consists of generally homogenous rock material.
(8) "Test hole" means any exploratory hole,
				except for coal exploration, drilled for the purpose of obtaining information
				and data on the character, composition, sequence, thickness, age, and
				correlation of underground strata and formations for one (1) or more of the
				following purposes and no other:
(A) The
				feasibility of an area for fluid disposal.
(B) The existence, extent, and
				characteristics of an underground mineral deposit or deposits.
(C) The suitability of underground formations
				for use in, or as a foundation for, engineering projects or works.
(D) Expanding the store of scientific
				knowledge of the geology of an area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-2 - General provisions

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 2.
(a) This rule
				governs the drilling, operation, and bonding of test holes under IC
				14-38-2.
(b) A hole drilled as a
				test hole is not a well for oil and gas purposes.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-3 - Prevention of waste; prohibitions

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 3.
(a) A person
				drilling or plugging test holes shall conduct operations so as to prevent:
(1) waste;
(2) the escape of oil or gas;
(3) the intrusion of water into oil, gas, or
				coal strata;
(4) the pollution of
				fresh water;
(5) damage to an
				underground gas storage reservoir; or
(6) obstructing or the placing of
				unauthorized material in a test hole.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-4 - Administration

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 4.
This article and IC 14-38-2 are administered by the
				  division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-5 - Inspection powers

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 5.
A commission representative may at any reasonable time enter
				  upon public or private property where a test hole is being drilled or has been
				  drilled to determine if there is a violation of IC 14-38-2, this rule, or an
				  order of the commission.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-6 - Access to records

Current through July 10, 2024
Authority: IC
				  14-11-2-1; IC
				  14-38-2-7
Affected: IC
				  14-38-2-7
Sec. 6.
A person with custody or jurisdiction of test hole records
				  shall at all reasonable times permit a commission representative to come upon
				  property operated or controlled by them and inspect records of a test hole.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-7 - Sworn statements

Current through July 10, 2024
Authority: IC
				  14-11-2-1; IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 7.
The division may require sworn statements if expedient to
				  effectuate IC 14-38-2 or this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-8 - Notice of orders; service by mail

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 8.
If the commission issues an order under IC 14-38-2 or this
				  rule and mails a copy of the order by first class mail, it shall be deemed
				  notice of the order.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-9 - Forms

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 9.
The division shall prescribe and prepare forms required
				  under this rule and shall furnish copies to an interested person upon request.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-10 - Bonds

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 10.
(a) No
				person, except a federal or state agency, shall commence a test hole until the
				person has filed and the department has approved a bond of one thousand dollars
				($1,000) for each test hole drilled or a blanket bond of five thousand dollars
				($5,000) for all test holes drilled by the person for the duration of the bond.
				The bond shall be on a form prescribed by the division, and, as a minimum,
				shall provide for compliance with IC 14-38-2, this rule, and orders of the
				commission.
(b) The name of the
				principal on the bond and of the operator shall be identical.
(c) An operator shall maintain a bond
				approved under subsection (a) until the operator plugs, abandons, and provides
				complete drilling information for each test hole included under the bond. Upon
				compliance by the operator with this subsection, a test hole bond shall be
				released by the department.
(d) No
				surety bond shall be approved unless issued by a company holding an applicable
				certificate of authority from the department of insurance, state of Indiana. A
				surety bond shall be executed by the operator as principal and by the surety or
				for either of them by an attorney-in-fact with certified power of attorney
				attached.
(e) A cash bond shall be
				made upon a certified check delivered and made payable by the operator to the
				department.
(f) A certificate of
				deposit must be assigned in writing to the state and the assignment noted upon
				the books of the bank issuing the certificate.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-11 - Surety bond canceled; effect

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 4-21.5-3; IC 14-38-2
Sec. 11.
(a) The
				surety may notify the department and principal of its desire to terminate a
				bond.
(b) Within thirty (30) days
				after receipt of the notice, the department shall require the principal to file
				a substitute bond or to discontinue operations and plug and abandon any test
				hole under this rule.
(c) If a
				substitute bond is timely filed by the principal, liability on the original
				bond terminates. If a substitute bond is not filed within the thirty (30) day
				period, the department shall revoke the permit under IC 4-21.5-3 and require
				the principal to plug and abandon any test hole under this rule.
(d) If a principal fails to plug and abandon
				a test hole, the surety must either:
(1) cause
				the test hole to be properly plugged and abandoned; or
(2) forfeit the amount of the bond to the
				department.
If the surety causes a hole to be plugged and abandoned, the
				  bond shall be released by the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-12 - Application for permit; signature; fee

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 12.
(a) A permit
				application to drill a test hole or holes shall be made on a form prescribed by
				the division.
(b) A permit
				application shall be signed by the person designated as the operator on the
				application or by an authorized agent. Upon a request by the division, a person
				who signs as an agent for the operator must furnish satisfactory evidence of
				authority.
(c) An applicant shall
				remit with the application a permit fee of one hundred dollars ($100) in cash
				or by check or draft, payable to the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-13 - Permit required; issuance; denial; expiration

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC
				  4-21.5-3-6;
				  IC 14-38-2
Sec. 13.
(a) No
				person shall drill any test hole to a depth below two hundred (200) feet
				without a permit issued by the division under IC 14-38-2 and this
				rule.
(b) The original or a copy of
				the permit must be posted by the operator at the test hole site before drilling
				commences.
(c) A permit shall be
				issued in the name of the person for whom the application is made.
(d) The division may deny a permit to any
				person who:
(1) has had a permit revoked in
				accordance with subsection (f); or
(2) has been issued a notice of violation and
				has failed to abate the violation within sixty (60) days after the deadline for
				abatement, unless the person has requested an administrative adjudication of
				the notice of violation, and a final determination has not been rendered by the
				commission.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-14 - Informal hearings

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 4-21.5; IC 4-22-2; IC 14-38-2
Sec. 14.
(a) A person
				may file with the commission a written request for an informal hearing to
				consider a matter relating to the administration of IC 14-38-2. The request may
				seek to except or amend this rule to modify a commission order or to secure
				other lawful relief. The written request must set forth the relief sought and
				identify in particular or by class the person who would be affected.
(b) Where a request for an informal hearing
				is filed under subsection (a), the division director shall conduct appropriate
				proceedings and make written proposed findings and a recommended order for
				disposition of the matter. An informal hearing under this section shall be
				conducted in a manner that will facilitate public participation and is not
				governed by the rules of evidence or discovery.
(c) Notice of an informal hearing shall be
				made by first class mail, publication, or both, reasonably calculated to inform
				affected persons of the time, place, and purpose of the hearing.
(d) An order resulting from an informal
				hearing is subject to administrative review under IC 4-21.5, except an order
				with respect to rule adoption subject to IC 4-22-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-15 - Plugging

Current through July 10, 2024
Authority: IC 14-38-2-7
Affected: IC 4-21.5; IC 14-8-2-47; IC 14-8-2-317; IC 14-37;
				  IC 14-38-2
Sec. 15.
(a) A test
				hole shall be plugged under IC 14-38-2 and this rule so as to prevent the
				pollution of underground sources of drinking water.
(b) Within six (6) months of abandoning a
				test hole, an operator shall do each of the following:
(1) Clear the area of refuse.
(2) Drain and fill excavations.
(3) Remove equipment.
(4) Restore the surface as nearly as
				practicable to its condition before drilling.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-16 - Test hole logs; cuttings

Current through July 10, 2024
Authority: IC
				  14-38-2-7
Affected: IC 14-38-2
Sec. 16.
(a) The
				operator immediately upon completing the drilling of a test hole shall file
				with the division a log of strata encountered and a geophysical log, if one has
				been made. Upon written application certifying that withholding of information
				is necessary to protect trade secrets, the department shall excuse the operator
				from furnishing this information, in which case the operator shall furnish the
				location of each test hole by county, township, range, and quarter-quarter
				section, including the legal description, size, and depth of the hole on the
				form provided by the division.
(b)
				The record of strata encountered shall be from the surface to the total depth
				of the test hole.
(c) The driller's
				log or test hole completion report shall be completed on a division
				form.
(d) The division may require
				an operator to collect drill cuttings for each run effected with cable tools
				and at least ten (10) feet intervals in a rotary test hole. A core sample may
				be required if a core is taken. Cuttings and core samples shall be furnished at
				a location designated by the division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 17 - OTHER PETROLEUM REGULATION › Rule 2 - Test Holes for Fluid Disposal Investigation, Engineering Projects, Investigation, and Geologic Investigation › Section 2-17 - Protection of other commercial minerals

Current through July 10, 2024
Authority: IC 14-37-3
Affected: IC 14-37
Sec. 17.
To prevent waste, the commission shall protect other
				  commercial minerals in the drilling and plugging of test holes. The designation
				  of commercial minerals and method of protection shall be specified by the
				  commission.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-1 - Application of definitions

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 1.
The definitions contained in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-2 - "Agent" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 2.
"Agent" means a person who sells nursery stock under the
				  partial or full control of a nurseryman, a dealer, or another agent.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-3 - "Apiary" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 3.
"Apiary" means a place where one (1) or more hives or
				  colonies of bees are kept.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-4 - "Beneficial organism" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 4.
"Beneficial organism" means a parasitoid, a predator, an
				  antagonist, a competitor, a biologically specific pathogen, or a similar living
				  entity which is used for one (1) or more of the following purposes:
(1) To provide biological control of a pest
				or pathogen.
(2) To benefit
				pollination.
(3) To benefit
				agriculture, horticulture, floriculture, or sylvaculture.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-5 - "Dealer" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 5.
"Dealer" means a person who grows or buys nursery stock for
				  the purpose of reselling or reshipping that stock in Indiana.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-6 - "Division inspector" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 6.
"Division inspector" means an employee of the division who
				  is authorized by the division director to conduct inspections under IC 14-24
				  and this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-7 - "Elements of beekeeping" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 7.
"Elements of beekeeping" includes the following:
(1) Bees.
(2) Hives.
(3) Combs.
(4) Combless packages of bees or
				queens.
(5) Beekeeping equipment or
				appurtenances.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-8 - "Eradication area" defined

Current through July 10, 2024
Authority: IC 14-24-2; IC 14-24-4
Affected: IC 14-24
Sec. 8.
"Eradication area" means a property or political subdivision
				  of the state where a pest or pathogen that is not widely distributed or is
				  newly introduced in Indiana is found in one (1) or more life stages.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-9 - "Feral bee" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 9.
(a) "Feral
				bee" means a wild bee which is not kept or managed by a person.
(b) The term includes a bee which is located
				in a swarm or nest, whether or not a comb is present. The term does not include
				a bee which is maintained in a movable frame hive.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-10 - "Nursery" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 10.
"Nursery" means the premises where nursery stock is
				  propagated, grown, or cultivated for distribution or sale as a
				  business.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-11 - "Nursery stock" defined

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 11.
"Nursery stock", except as provided in
				  312
				  IAC 18-4-5, means botanically classified hardy
				  perennial or biennial trees, shrubs, vines, and plants, fruit pits, and other
				  plants or plant parts capable of propagation. The term does not include corms,
				  tubers, field vegetables, or flower seeds.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-12 - "Nurseryman" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 12.
"Nurseryman" means a person who owns, leases, manages, or
				  controls a nursery.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-13 - "Pest or pathogen" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3-1
Affected: IC 14-24
Sec. 13.
"Pest or pathogen" means:
(1) an arthropod;
(2) a nematode;
(3) a microorganism;
(4) a fungus;
(5) a parasitic plant;
(6) a mollusk;
(7) a plant disease; or
(8) an exotic weed;
that may be injurious to nursery stock, agricultural crops,
				  other vegetation, or bees.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-14 - "State entomologist" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 14.
"State entomologist" refers to the division
				  director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 1 - Definitions › Section 1-15 - "Vital" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 15.
"Vital" means a plant is physiologically vibrant and does
				  not suffer unreasonably from mechanical or pathological
				  stress.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 2 - Infested Areas and Quarantines › Section 2-1 - Operation and maintenance within an infested area; application

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24-4
Sec. 1.
(a) This
				rule establishes standards for operation and maintenance within an infested
				area declared under IC 14-24-4.
(b)
				This rule establishes quarantine standards necessary to carry out IC 14-24
				which are in addition to those otherwise provided in this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 2 - Infested Areas and Quarantines › Section 2-2 - Infested areas; quarantines

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3-1
Affected: IC 14-24
Sec. 2.
(a) The
				division may inspect any site in Indiana where agricultural, horticultural, or
				sylvan products are being grown, shipped, sold, or stored to determine if a
				pest or pathogen is present. If, as a result of an inspection, a site is
				determined to be infested with a pest or pathogen that is likely to spread or
				communicate to adjacent or contiguous territory in an adjoining area, the
				director may prescribe the boundaries of an area where the pest or pathogen is
				located and declare the area to be an infested area.
(b) The division director shall formulate a
				quarantine under section 3 of this rule for an infested area declared under
				subsection (a). The quarantine may restrict or prohibit the transportation,
				maintenance, or continued existence of designated plants, plant products,
				elements of beekeeping, pests or pathogens, animal products, or other articles
				or materials known or reasonably believed to harbor or carry pests or
				pathogens.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 2 - Infested Areas and Quarantines › Section 2-3 - Quarantine principles

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24-4
Sec. 3.
The division director shall formulate a quarantine according
				  to the following principles:
(1) Every
				restrictive measure of a quarantine is biologically sound.
(2) Language in the quarantine is phrased
				clearly and stated as simply as practicable to be consistent with legal
				requirements and the objectives to be attained by the quarantine.
(3) The boundaries of a quarantine reference
				the boundaries used by the director to describe the infested area but may also
				reference boundaries delineated by rivers, streams, highways, railways, or
				natural geographic features.
(4) A
				pest or pathogen which is the subject of a quarantine presents an actual or
				reasonably anticipated environmental, health, or economic hazard in
				Indiana.
(5) The quarantine is a
				measure for which no substitute action requiring a less obtrusive strategy
				would be reasonably expected to be as effective.
(6) The objectives of the quarantine can be
				attained.
(7) The restrictions
				imposed by a quarantine are reasonably believed to be essential to the
				attainment of the objectives. These restrictions may be relatively extensive if
				the eradication of a pest or pathogen is sought. A less extensive restriction
				may be required for an infested area where the prevention of spread of the pest
				or pathogen to other areas is the primary intent of the quarantine.
(8) The economic gains anticipated by the
				quarantine outweigh the cost of administration and the cost of interference
				with private enterprise caused by the quarantine.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 2 - Infested Areas and Quarantines › Section 2-4 - Quarantine issuance; termination; review

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC
				  4-21.5-4-5;
				  IC 14-24
Sec. 4.
(a) The
				department shall give notice of the quarantine as is practicable to the persons
				who are required to comply with the quarantine. The quarantine is effective
				when issued.
(b) A quarantine is an
				order which is controlled by IC 4-21.5-4. A quarantine is effective for ninety
				(90) days unless a shorter period is stated in the quarantine or unless
				terminated or modified under this section. The quarantine may be extended as
				provided in IC
				4-21.5-4-5(b).
(c) As quickly as practicable, following a
				request for administrative review by an affected person, a hearing shall be
				scheduled under IC 4-21.5-4 and 312 IAC 3 to determine whether the quarantine
				should be voided, terminated, modified, stayed, or continued.
(d) The division director may terminate a
				quarantine which:
(1) has attained its
				objectives;
(2) is determined not
				to be biologically sound; or
(3) is
				found incapable of attaining its objectives.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-1 - Identification and standards for the control of pests or pathogens; isolated occurrences

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 1.
(a) This
				rule serves to identify certain pests or pathogens.
(b) This rule establishes standards for the
				control of pests or pathogens.
(c)
				A pest or pathogen which may cause plant destruction or the destruction of
				elements of beekeeping is subject to this article and IC 14-24 even if the pest
				or pathogen is isolated or not directly associated with a plant, plant part, or
				an element of beekeeping.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-2 - Control of pests or pathogens newly introduced or not widely established in Indiana

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 4-21.5-3-6; IC 4-21.5-4; IC 14-24-4-3
Sec. 2.
(a) This
				section establishes standards for the control of pests or pathogens which are
				newly introduced or not widely established in Indiana.
(b) The division director may implement the
				following procedures if the division discovers a pest or pathogen which is
				newly introduced or not widely established in Indiana:
(1) The area surrounding the initial
				discovery of the pest or pathogen shall be surveyed or monitored by the
				division to confirm that the pest or pathogen is present. Transporting
				equipment, utensils, elements of beekeeping, and other items which might harbor
				the pest or pathogen shall be examined.
(2) To eradicate the pest or pathogen, the
				division director may, under IC 14-24-4-3, order the owner of infested property
				to destroy, refrain from selling, immobilize, or otherwise treat any plants,
				plant parts, or elements of beekeeping. A written order issued under this
				subdivision is effective when served. A person who is aggrieved by the order
				may request administrative review under IC 4-21.5-3-6. In addition, an
				aggrieved person may seek temporary relief from the order under IC 4-21.5-4.
				Unless otherwise agreed by the parties, a hearing on temporary relief must be
				conducted within five (5) days of receipt of the hearing request in the county
				where the infested plants are located.
(3) If an action under subdivision (2) is not
				performed as ordered, the division director may take necessary action and incur
				the expenses required to satisfy the directive contained in the written order.
				Expenses incurred by the department under this subdivision shall be certified
				to the auditor of the county where the site is located. The auditor shall place
				the assessment on the tax duplicates of the county, and the assessment shall be
				collected as state and county taxes are collected and paid over to the
				department.
(4) If nursery stock,
				plants, plant parts, a pest or pathogen, elements of beekeeping or associated
				packaging, shipping products, or other personal property has been sold or
				transported from the site, the owner or proprietor shall provide the division
				with the names and addresses of the persons who received the property. The
				persons who received the property are subject to the requirements of this
				section.
(5) Surveying or
				monitoring shall continue by the division for two (2) consecutive growing
				seasons or until the biological threat is eliminated. If a pest or pathogen
				persists, the director may declare an infested area, and the division director
				shall implement any quarantine appropriate under 312 IAC 18-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-3 - Permit requirement for the movement of a plant or element of beekeeping that contains a pest or pathogen

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC
				  14-24-9-2
Sec. 3.
(a) A person
				may not cause the movement into or within Indiana of a plant or element of
				beekeeping that contains a pest or pathogen without a permit issued by the
				division director under IC
				14-24-9-2
				and this section.
(b) A permit for
				the movement of a pest or pathogen may be issued where either of the following
				conditions are met:
(1) A permit is issued by
				the United States Department of Agriculture (USDA) for the movement of the pest
				or pathogen, and the division director approves the permit for use at a
				designated containment facility or field site. Approval of the USDA permit
				constitutes a permit under this section and subjects the permit holder to the
				requirements of IC 14-24 and this article.
(2) A permit application establishes, under
				section 4 of this rule, either of the following:
(A) A proposed containment facility is
				adequate to prevent escape of the pest or pathogen.
(B) The pest or pathogen does not represent a
				threat to the plant production interests of Indiana or a surrounding
				state.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-4 - Criteria for a permit for the movement of a plant or element of beekeeping that contains a pest or pathogen

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 4.
(a) This
				section establishes the criteria by which an application for a permit for the
				movement of a plant or element of beekeeping that contains a pest or pathogen,
				issued under section 3(b)(2) of this rule, is evaluated.
(b) The following categories for a pest or
				pathogen are established:
(1) Category A is
				one (1) of the following:
(A) A plant pest
				from another country which is newly introduced or not widely distributed in the
				United States.
(B) A plant pest of
				limited occurrence in the United States, including pests listed by an agency of
				the federal government.
(C) A plant
				pest regulated by Indiana.
(D) An
				exotic strain of a domestic pest.