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 not liable and may not be held responsible for any damages resulting from operations reasonably necessary or proper to plug, replug, or repair the test hole, except damages to growing crops and improvements; (2) has not assumed responsibility for future remedial work on the test hole; and (3) is not liable in damages or otherwise for conditions subsequently arising from or in connection with the test hole. [Pre-1995 Recodification Citation: 13-4-5-10(c), (d).] As added by P.L.1-1995, SEC.31.
IC 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 in which responsibility for or damages from: (A) surface or subsurface pollution; or (B) injury to a fresh water, an oil, a gas, or a mineral bearing formation; is or may become an issue; and (2) does not release or discharge an action, a cause of action, or a claim against the person in favor of a third person for damages to property resulting from: (A) surface or subsurface pollution; or (B) injury to a fresh water, an oil, a gas, or a mineral bearing formation; to the extent that the action, cause of action, or claim preexisted the initiation or support of the proceeding or the remedying or attempted remedying of the condition of the test hole. [Pre-1995 Recodification Citation: 13-4-5-10(e).] As added by P.L.1-1995, SEC.31.