Sec. 1. This chapter applies to a person who desires to drill at least one (1) test hole: (1) for fluid disposal investigation, mineral resources investigation, engineering projects investigation, or geologic investigation; and (2) to a depth of at least two hundred (200) feet below ground surface elevation at the test hole site. [Pre-1995 Recodification […]
Sec. 10. Upon the completion of drilling, a permittee shall plug and abandon the hole in a manner that confines permanently all fluids or materials in the separate strata originally confining the fluids or materials by the use of mud-laden fluid, cement, or plugs used: (1) singly; or (2) in combinations approved by the commission. […]
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.
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 […]
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 […]
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 […]
Sec. 15. (a) An action against a nonresident may be filed in the county: (1) of residence of the plaintiff; or (2) where the test hole is located; at the election of the plaintiff. (b) Service of process shall be made by leaving a copy of the process, with a fee of two dollars ($2) […]
Sec. 16. (a) This section does not do any of the following: (1) Relieve a person otherwise legally responsible from an obligation to plug, replug, or repair a test hole. (2) Limit the authority of the commission to require the proper plugging, replugging, or repair of a test hole. (b) This section and sections 17 […]
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 […]
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 […]
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 […]
Sec. 2. It is in the public interest for the state to provide the means whereby test holes for or in connection with fluid disposal investigations, mineral resources investigations, engineering projects investigations, or geologic investigations are drilled, used, and plugged in a manner that prevents pollution, impairment, and waste of natural resources. [Pre-1995 Recodification Citation: […]
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 […]
[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.
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, […]
Sec. 3. As used in this chapter, “plug” or “plugging” means the stopping of the flow or migration of oil, gas, water, or other fluid or material up or down a test hole. [Pre-1995 Recodification Citation: 13-4-5-2(5).] As added by P.L.1-1995, SEC.31.
Sec. 4. As used in this chapter, “test hole” means an exploratory hole, except for coal exploration, drilled for the purpose of obtaining information and data on the character, composition, sequence, thickness, age, and correlation of underground strata and formations for at least one (1) of the following and no other purposes: (1) The feasibility […]
Sec. 5. The department shall carry out and enforce this chapter. [Pre-1995 Recodification Citation: 13-4-5-3.] As added by P.L.1-1995, SEC.31.
Sec. 6. A person must do the following before drilling a test hole: (1) File a written application for a permit with and receive a permit from the commission. A single permit may authorize the drilling of more than one (1) test hole. (2) Submit a permit fee of one hundred dollars ($100) payable to […]
Sec. 7. The commission shall do the following: (1) Adopt rules and orders necessary to administer this chapter. (2) Hold hearings at any place in Indiana for the purpose of administering this chapter. A hearing may be conducted by a member of the commission or by the officer, agent, or employee that is designated by […]
