296 chapters · 3,312 sections in this title.
Ind. Code § 14-34-4-2 Director's required notice of application
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Sec. 2. (a) The director shall give notice to the following: (1) Various local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies in the county in which the proposed surface coal mining operation will take place. (2) All federal or …
Ind. Code § 14-34-4-3 Comments concerning applications
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Sec. 3. (a) The local bodies, agencies, authorities, or companies notified under section 2 of this chapter may, within thirty (30) days of notification, submit written comments concerning the permit applications with respect to the effect of the proposed surface coal mining opera…
Ind. Code § 14-34-4-4 Objections; request for informal conference or public hearing
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Sec. 4. (a) A person with an interest that is or may be adversely affected by a proposed surface coal mining operation or the officer or head of a federal, state, or local governmental agency or authority may: (1) file written objections to the proposed initial or revised applica…
Ind. Code § 14-34-4-5 Informal conference or public hearing; access to mining area;
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record of proceedings Sec. 5. (a) If written objections are filed and an informal conference or a public hearing is requested, the director shall hold the conference or public hearing in the locality of the proposed surface coal mining operation within a reasonable time of receip…
Ind. Code § 14-34-4-6 Conditions requiring public hearing
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Sec. 6. A public hearing shall be held on the proposed initial or revised application for a permit if any of the following conditions exist: (1) The applicant requests a public hearing under section 4 of this chapter. (2) A petition is filed with the director requesting a public …
Ind. Code § 14-34-4-7 Approval of application; requirements
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Sec. 7. (a) The applicant has the burden of establishing that the application complies with all the requirements of this article. The director may not approve a permit or revision application unless the application affirmatively demonstrates and the director finds the following: …
Ind. Code § 14-34-4-8 Nonissuance of permit for violations of certain federal and
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state statutes Sec. 8. (a) As used in this section, "applicant" or "operator" includes the following: (1) The officers, partners, or directors of the applicant or operator. (2) The officers, partners, or directors of applicants or operators under IC 14-36-1. (b) The director may …
Ind. Code § 14-34-4-8.5 Exemptions for unanticipated events or conditions
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Sec. 8.5. The: (1) finding required by section 7(a)(6) of this chapter; and (2) prohibition on the issuance of a permit in section 8 of this chapter; do not apply to a violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligibl…
Ind. Code § 14-34-4-9 Mining of prime farmland
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Sec. 9. (a) This section does not apply to an existing surface coal mining operation that held a valid permit on August 3, 1977, with continuous permits since that date. (b) In addition to finding the application in compliance with section 7 of this chapter, if the proposed minin…
Ind. Code § 14-35-4-1 Form of compact
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Sec. 1. The interstate mining compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE 1 Findings and Purposes (a) The party states find that: (1) Mining and the contributions thereof to…
Ind. Code § 14-35-4-2 Natural resources commission as advisory body
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Sec. 2. The natural resources commission is the advisory body referred to in Article 5(a) of the Interstate Mining Compact. [Pre-1995 Recodification Citation: 14-4-2.2-2.] As added by P.L.1-1995, SEC.28.
Ind. Code § 14-35-4-3 Filing bylaws and amendments
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Sec. 3. In accordance with Article 5(i) of the Interstate Mining Compact, the Interstate Mining Commission shall file copies of its bylaws and amendments to the bylaws with the following: (1) The office of the governor. (2) The division of reclamation. (3) The department of natur…
Ind. Code § 14-37-4-1 Permit required for oil and gas activities
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Sec. 1. A person may not drill, deepen, operate, or convert a well for oil and gas purposes without a permit issued by the department. [Pre-1995 Recodification Citation: 13-8-5-1.] As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.2; P.L.78-2010, SEC.4; P.L.42-2011, SEC…
Ind. Code § 14-37-4-11 Expiration of permit
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Sec. 11. A permit for a well for oil and gas purposes expires one (1) year from the date of issuance unless the drilling of the well has commenced. [Pre-1995 Recodification Citation: 13-8-5-11.] As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.4.
Ind. Code § 14-37-4-12 Permit continuance for Class II wells
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Sec. 12. A permit for a Class II well continues until the well is plugged and abandoned, unless the permit is revoked, expired, or otherwise terminated. [Pre-1995 Recodification Citation: 13-8-5-12.] As added by P.L.1-1995, SEC.30.
Ind. Code § 14-37-4-13 Emergency permits
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Sec. 13. (a) The director may issue an emergency permit for a well for oil and gas purposes if an imminent and substantial danger to the health of persons will result unless an emergency permit is granted. An emergency permit under this subsection is effective no longer than nece…
Ind. Code § 14-37-4-14 Transfer permits
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Sec. 14. To transfer the ownership of a permit for a well for oil or gas purposes, a person must submit the following: (1) A transfer fee of fifteen dollars ($15) payable to the department for each well. However, if an applicant submits more than fifty (50) applications simultane…
Ind. Code § 14-37-4-15 Violations
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Sec. 15. (a) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against a person who violates section 1 or 2 of this chapter. (b) A person who knowingly or intentionally violates section 1 or 2 of this chapter commits a Level 6 felony if the…
Ind. Code § 14-37-4-2 Duties of owner or operator
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Sec. 2. (a) An owner or operator: (1) shall comply with the conditions of a permit as determined by the department; (2) may not raise as a defense to an enforcement action by the department that compliance with the conditions of the permit constitutes an economic hardship; (3) sh…
Ind. Code § 14-37-4-3 Permit not property right or exclusive privilege
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Sec. 3. A permit does not convey to the owner or operator a property right or an exclusive privilege. [Pre-1995 Recodification Citation: 13-8-5-3.] As added by P.L.1-1995, SEC.30.
Ind. Code § 14-37-4-4 Permit form
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Sec. 4. A person must apply for a permit under this chapter on a form prescribed by the commission. [Pre-1995 Recodification Citation: 13-8-5-4.] As added by P.L.1-1995, SEC.30.
Ind. Code § 14-37-4-5 Document accompanying permit application
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Sec. 5. An application for a permit must include the following: (1) A plat of the land or lease upon which the well is to be located, together with all property and lease lines and the acreage within the tract. (2) The location of the proposed well as certified by a professional …
Ind. Code § 14-37-4-6 Bond and permit fee; expedited review
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Sec. 6. (a) A person must submit the following with an application for a permit: (1) A bond under IC 14-37-6. (2) A permit fee of two hundred fifty dollars ($250) payable to the department. However, a person may apply for an expedited review of the application for a permit, excep…
Ind. Code § 14-37-4-7 Operator's signature on permit
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Sec. 7. An application must be signed by: (1) the person; or (2) an authorized agent of the person; who is the operator named in the proposed permit. [Pre-1995 Recodification Citation: 13-8-5-7.] As added by P.L.1-1995, SEC.30.
Ind. Code § 14-37-4-8 Permit issuance upon compliance with article and rules
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Sec. 8. (a) Except as provided in section 9 of this chapter and subject to subsections (b) and (c), if an applicant for a permit complies with: (1) this article; and (2) the rules adopted under this article; the director shall issue a permit. (b) The division shall: (1) maintain …
Ind. Code § 14-37-4-8.5 Exercise of rights pertaining to coal bed methane; waste;
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application for permit to drill for testing or production Sec. 8.5. (a) For purposes of this section, "waste" means locating, spacing, drilling, equipping, operating, or producing a well for coal bed methane purposes in a manner that unreasonably reduces or tends to unreasonably …
Ind. Code § 14-37-4-9 Denial of permit
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Sec. 9. The department may refuse to issue a permit if an applicant or an officer, a partner, or a director of the applicant: (1) is in violation of this article or would be in violation if the permit were issued; or (2) controls or has controlled a well for oil and gas purposes …
Ind. Code § 14-25.5-4-1 Revocation of permit; causes
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Sec. 1. The department may revoke a permit issued under an article to which this article applies if the department finds any of the following: (1) The permit was issued through fraud or misrepresentation. (2) The person to whom the permit was issued has violated an article to whi…
Ind. Code § 14-25.5-4-2 Revoked permit; mitigation of violation
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Sec. 2. (a) If a permit is revoked under this chapter, the department may do either or both of the following: (1) Order the person to mitigate the violation. (2) Mitigate the violation. (b) The revocation of a permit under this chapter does not relieve the person to whom the perm…
Ind. Code § 14-25.5-4-3 Civil penalties
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Sec. 3. (a) If the department has authority to assess a civil penalty for the violation of a statute in an article described in IC 14-25.5-1-1, the department also has authority to assess a civil penalty for the violation of a rule adopted in connection with that statute. (b) Eac…
Ind. Code § 14-25.5-4-4 Applicability of adjudicative proceedings to civil penalties
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Sec. 4. (a) A civil penalty assessed for a violation described in section 3 of this chapter is subject to IC 4-21.5-3-6 and becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review within thirty (30) days after receipt of the noti…
Ind. Code § 14-25.5-4-5 Actions by attorney general
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Sec. 5. The division director may request the attorney general to institute an action in an appropriate court for the following: (1) The recovery of civil penalties owed for a violation described in section 3 of this chapter. (2) To restrain a person from commencing to violate or…
Ind. Code § 14-25.5-4-6 Repealed
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As added by P.L.145-2002, SEC.3. Amended by P.L.71-2004, SEC.3. Repealed by P.L.195-2014, SEC.31.
Ind. Code § 14-30.5-4-1 Members of the board of a watershed development commission
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Sec. 1. (a) The board of a watershed development commission consists of the following individuals: (1) The director of the department or the director's designee. (2) The county surveyor of each county that: (A) is a member of the commission; and (B) is entitled to membership on t…
Ind. Code § 14-30.5-4-2 Officers of a watershed development commission; executive
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director Sec. 2. (a) The voting members of the board of a watershed development commission shall elect the following officers: (1) A chair. (2) A vice chair. (3) A secretary-treasurer. (b) When one (1) or more additional counties that are entitled to representation on the board o…
Ind. Code § 14-30.5-4-3 Meetings of the board of a watershed development commission
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Sec. 3. (a) The board of a watershed development commission shall meet: (1) at least four (4) times per calendar year; and (2) on the call of either of the following: (A) The chair. (B) A quorum of the members of the board. (b) A majority of the voting members of a board constitu…
Ind. Code § 14-30.5-4-4 Salary per diem of board members
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Sec. 4. A member of the board of a watershed development commission is not entitled to receive any compensation for performance of the member's duties except that a member is entitled to a minimum salary per diem from the watershed development commission for the member's particip…
Ind. Code § 14-30.5-4-5 Advisory committee; members; exception for St. Joseph River
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basin commission if transformed Sec. 5. (a) There is established for each watershed development commission an advisory committee to provide counsel to the board of the commission. (b) Except as provided in subsection (c), a watershed development commission advisory committee esta…
Ind. Code § 14-30.5-4-6 Ad hoc advisory committees
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Sec. 6. (a) The board of a watershed development commission may establish an ad hoc advisory committee other than the advisory committee established under section 5 of this chapter to advise the board on one (1) or more particular subjects. (b) The board may appoint to an ad hoc …
Ind. Code § 14-30.5-4-7 Advisory committee members serve without compensation
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Sec. 7. A member of an advisory committee established under section 5 of this chapter or a member of an ad hoc advisory committee established under section 6 of this chapter is not entitled to compensation for the member's services. As added by P.L.251-2023, SEC.13.