14-38-2-17. Entry Onto Land Without Notice or Hearing
Sec. 17. If: (1) an emergency exists; and (2) the department determines that irreparable injury will result unless immediate action is taken; the department may enter or authorize the entry upon the land by order of the department without notice or hearing for the purpose of taking the temporary remedial action that the department considers […]
14-38-2-18. Liability of Persons Entering Land to Plug, Replug, or Repair Test Hole
Sec. 18. (a) This section applies to a person who: (1) enters upon the land on which a test hole is located to plug, replug, or repair the test hole; or (2) supports or contributes to the action under the authority and in accordance with the order of the department. (b) A person: (1) is […]
14-38-2-19. Remedying Condition of Test Hole Not Admission of Liability or Discharge of Action
Sec. 19. The fact that a person has initiated or supported a proceeding before the department or has remedied or attempted to remedy the condition of a test hole under this chapter: (1) is not an admission of liability and may not be received in evidence against the person in an action or a proceeding […]
14-38-2-20. Cause of Action for Plugging, Replugging, or Repairing Test Hole
Sec. 20. (a) A person who did not have an obligation to plug, replug, or repair a test hole, but who does so under this chapter, has the following: (1) A cause of action against the person who was obligated by law to properly plug, replug, or repair the test hole for the reasonable cost […]
14-38-2-21. Repealed
[Pre-1995 Recodification Citation: 13-4-5-11.] As added by P.L.1-1995, SEC.31. Repealed by P.L.195-2014, SEC.46.
14-38-2-22. Violations
Sec. 22. (a) An owner or operator who fails to comply with section 6, 10, or 11 of this chapter commits a Class C infraction. (b) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against an owner or operator who knowingly fails to comply with section 6, 10, […]
14-38-2-11. Notice Before Plugging
Sec. 11. A permittee may not begin plugging procedures until the permittee has given notice to the commission or the commission’s designated representative by personal oral or written notice, telephone, or telegram. [Pre-1995 Recodification Citation: 13-4-5-8 part.] As added by P.L.1-1995, SEC.31.
14-38-2-12. Affidavit of Plugging and Abandoning
Sec. 12. (a) The commission’s designated representative or the authorized representative of the permittee who supervises the plugging of the test hole shall make and furnish to the permittee an affidavit to the effect that the test hole has been plugged and abandoned in accordance with this chapter, reciting in the affidavit the pertinent information […]
14-38-2-13. Actions to Restrain Violations
Sec. 13. If it appears that a person is violating or is about to violate this chapter or the rules and orders of the commission adopted under this chapter or under IC 13-4-5 (before its repeal), the commission may, in the name of the state of Indiana through the attorney general, bring an action against […]
14-38-2-14. Secretary of State as Agent for Service of Process Upon Nonresident
Sec. 14. The ownership, operation, or other interest by a nonresident or by a nonresident’s authorized agent in a test hole in Indiana is considered equivalent to an appointment by the nonresident of the secretary of state to be the nonresident’s attorney, upon whom may be served all process in an action or a proceeding […]