Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 1. Notwithstanding any other provision of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b). [Pre-1995 Recodification Citation: 14-4-2.1-1.5.] As added by P.L.1-1995, SEC…

Sec. 10. The director may: (1) grade, plant, and perform other acts of restoration and reclamation; or (2) contract for the performance of restoration or reclamation work; to the extent and subject to the conditions that state or federal money is appropriated and available. [Pre-…

Sec. 11. After restoration of the acquired land, the department may, with the approval of the governor, transfer jurisdiction of the land or a part of the land to a state agency that can best utilize the land for public purposes. [Pre-1995 Recodification Citation: 14-4-2.1-7.] As…

Sec. 12. (a) If the retention of the land by the department or other state agencies is determined to be impractical, the department may, with the approval of the governor, sell the land: (1) to political subdivisions of the state at the cost of acquisition and restoration; or (2)…

Sec. 2. As used in this chapter, "land" means ground, soil, or solid materials of the earth: (1) disturbed by mining and not reclaimed under: (A) IC 14-34 or IC 13-4.1 (before its repeal); or (B) IC 14-36-1 or IC 13-4-6 (before its repeal); whether or not subject to IC 14-34 or I…

Sec. 3. As used in this chapter, "mining" means the following: (1) Surface mining. (2) Surface coal mining operations. (3) Underground mining. [Pre-1995 Recodification Citation: 14-4-2.1-1(a).] As added by P.L.1-1995, SEC.29.

Sec. 4. As used in this chapter, "reclamation" means rehabilitation under IC 14-36-1. [Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.] As added by P.L.1-1995, SEC.29.

Sec. 5. As used in this chapter, "restore" or "restoration" means rehabilitation under IC 14-36-1. [Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.] As added by P.L.1-1995, SEC.29.

Sec. 6. The department may acquire land by: (1) negotiation; or (2) exercise of the power of eminent domain under IC 32-24-1. [Pre-1995 Recodification Citation: 14-4-2.1-2.] As added by P.L.1-1995, SEC.29. Amended by P.L.2-2002, SEC.65.

Sec. 7. Before acquiring land the department shall extend to the owner of the land a reasonable opportunity to restore the land. If the owner: (1) agrees in writing to perform the restoration; and (2) starts the restoration within ninety (90) days; the land may not be acquired un…

Sec. 8. The determination of the negotiated price or condemnation price is subject to the following: (1) Anticipated costs of reclamation. (2) Cost of abating pollution conditions. [Pre-1995 Recodification Citation: 14-4-2.1-4.] As added by P.L.1-1995, SEC.29.

Sec. 9. The: (1) purchase price, for a negotiated acquisition; or (2) damages as finally determined, for acquisition by condemnation; and the necessary incidental expenses shall be paid from appropriations made by the general assembly or from federal money made available for thes…

Sec. 1. The department shall administer this article. [Pre-1995 Recodification Citation: 13-8-3-1.] As added by P.L.1-1995, SEC.30.

Sec. 2. The commission may delegate any or all of the commission's powers and duties under this article to the director, deputy director, director of the division of reclamation, or other employee of the department. [Pre-1995 Recodification Citation: 13-8-3-6.] As added by P.L.1-…

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 be…

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…

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…

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 accordanc…

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,…

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…

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 ($…

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…

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 taki…

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:…

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 …

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 …

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 reasonab…

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 w…

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 leas…

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…

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, age…

Sec. 8. A permit issued under this chapter expires one (1) year from the date of issuance unless a test hole is drilled within one (1) year. [Pre-1995 Recodification Citation: 13-4-5-6.] As added by P.L.1-1995, SEC.31.

Sec. 9. (a) Subject to subsection (b), if an applicant for a permit to drill or deepen a test hole has complied with this chapter and the rules of the commission, the commission shall issue a permit. (b) The commission may refuse to issue a permit if the drilling of the test hole…

Sec. 1. (a) This chapter applies to primacy granted by the United States Environmental Protection Agency to the department over Class VI wells. (b) This chapter and 312 IAC 30 govern carbon sequestration in the state and establish the criteria and standards necessary for the depa…

Sec. 1.5. (a) Carbon sequestration projects are authorized in Indiana for the purposes of: (1) injecting carbon dioxide into the pore space of an underground storage facility through at least one (1) carbon dioxide injection well pursuant to a UIC Class VI permit; and (2) employi…

Sec. 10. (a) The carbon dioxide storage facility trust fund is established for the purpose of defraying the costs incurred by the department for the long term monitoring and management of, including monitoring and managing the safety of, carbon sequestration projects. The fund sh…

Sec. 10.5. (a) The carbon sequestration project program administrative fund is established for the purpose of defraying the cost of administrative expenses incurred by the department to manage and operate the carbon sequestration project program. The fund shall be administered by…

Sec. 11. (a) A mineral owner or mineral lessee shall provide written notice to a storage operator at least thirty-one (31) days prior to drilling a well if the mineral owner or mineral lessee wishes to drill a well not more than: (1) three hundred thirty (330) feet from the surfa…

Sec. 11.5. (a) A person may not: (1) drill, deepen, or operate a nonproduction well drilled to investigate and obtain data on geological, structural, or hydrogeological stratigraphic intervals for the suitability of underground formations for carbon sequestration; or (2) convert …

Sec. 12. (a) Nothing in this section prohibits recovery by a public utility for any impact on a source of the public water supply from a carbon sequestration project. (b) A claim of subsurface trespass shall not be actionable against a storage operator conducting carbon sequestra…

Sec. 12.1. (a) Except during stimulation, a storage operator must ensure that injection pressure does not exceed ninety percent (90%) of the fracture pressure of an injection zone to ensure that the injection does not initiate new fractures or propagate existing fractures in the …

Sec. 12.2. (a) A UIC Class VI permit may be modified at the request of an interested person in writing or upon the directive of the department. The request must contain each fact or reason supporting the request and any other criteria established by the department. (b) A UIC Clas…

Sec. 12.3. (a) The department shall submit a memorandum of agreement that includes all of the information required under 40 CFR 145.25 to the Regional Administrator for the United States Environmental Protection Agency. (b)The department shall prepare quarterly and annual reports…

Sec. 12.4. The department shall provide in writing to a state, tribe, or territory included in an area of review for a project a map showing the injection well for which a permit is sought and the applicable areas of review. As added by P.L.161-2026, SEC.70.