Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 13. (a) A certificate of project completion shall be issued upon application by the storage operator if the department finds that the storage operator does the following: (1) The storage operator is in compliance with all applicable laws governing the storage facility. (2) T…

Sec. 14. This chapter does not apply to the carbon sequestration pilot project established pursuant to IC 14-39-1. As added by P.L.163-2022, SEC.2.

Sec. 14.5. (a) The following activities are prohibited: (1) Injection without a UIC Class VI permit. (2) Movement of fluid into underground sources of drinking water. (3) Experimental Class VI wells for carbon sequestration. (4) Any action that endangers underground sources of dr…

Sec. 15. (a) A person that violates a requirement under this article is subject to a civil penalty under this section. (b) Except as provided in subsection (d), a person that violates a requirement under this article shall pay to the department a civil penalty as follows: (1) Two…

Sec. 15.5. If any part of this article or 312 IAC 30 is found to be invalid, the remainder of this article or 312 IAC 30, as applicable, is upheld. As added by P.L.161-2026, SEC.78.

Sec. 16. (a) Not later than September 1, 2030, the department shall submit to the budget committee a report that sets forth the following information: (1) The number of metric tons of carbon dioxide injected into the pore space in Indiana during the period: (A) beginning January …

Sec. 3. (a) Before July 1, 2022, this chapter does not alter, amend, diminish, or invalidate ownership of the pore space of real property that has been divided into a surface estate and a mineral estate where ownership of the pore space was acquired or reserved by conveyance docu…

Sec. 4. (a) If at least two (2) pore space owners own pore space located within a proposed carbon dioxide storage area of a storage facility, the owners may agree to integrate their interests to develop the pore space as a proposed storage facility for the underground storage of …

Sec. 5. (a) An individual may apply to the department for a permit for a carbon sequestration project in a form and manner prescribed by the department. (b) A single permit is issued in two (2) phases as follows: (1) A permit to construct and operate. (2) An authorization to inje…

Sec. 5.1. (a) A storage operator must demonstrate to the satisfaction of the department that the wells will be sited in areas with a suitable geologic formation. The storage operator must demonstrate that the geologic formation is composed of the following: (1) An injection zone …

Sec. 5.2. (a) A storage operator must ensure that each Class VI well is constructed and completed for the following: (1) To prevent the movement of fluids into or between underground sources of drinking water or into any unauthorized zones. (2) To permit the use of appropriate te…

Sec. 5.3. During the drilling and construction of a Class VI injection well, a storage operator must: (1) perform appropriate logs; (2) perform surveys and tests to determine or verify the: (A) depth; (B) thickness; (C) porosity; (D) permeability; (E) lithology; and (F) salinity;…

Sec. 5.4. (a) A storage operator may apply to the department for a depth requirement waiver. (b) An application under subsection (a) must include the following: (1) The depth of each proposed injection zone. (2) The location of each injection well. (3) The name and depth of all u…

Sec. 5.5. (a) Upon determining that an application is complete, the department must decide whether to: (1) prepare a draft permit for the public comment process; or (2) deny the application. The department shall notify the applicant of the decision. (b) If the department decides …

Sec. 5.6. (a) The department shall hold a public hearing before issuing a permit. (b) Notice of the hearing must be published for two (2) consecutive weeks in a newspaper of general circulation in each county where the carbon sequestration project is proposed to be located. Publi…

Sec. 5.7. (a) The department shall identify and protect all underground sources of drinking water and all aquifers and parts of aquifers that are underground sources of drinking water. (b) If the United States Environmental Protection Agency determines there is an applicable aqui…

Sec. 6. (a) The department shall review an application submitted under section 5(a) of this chapter. If the department determines that the application submitted under section 5(a) of this chapter is complete, the department shall notify the applicant. (b) The department shall ret…

Sec. 6.2. (a) Before issuing a permit, the department shall consult with the department of environmental management and determine whether the carbon sequestration project will cause pollution or create a nuisance. (b) Before issuing a permit, the department shall make the followi…

Sec. 7. (a) If the department approves an application under section 6 of this chapter, the department shall issue to the applicant a carbon sequestration project permit. (b) When the department issues a permit, it shall also issue a certificate that contains the following informa…

Sec. 7.1. (a) If a person wishes to challenge a determination made by the department, the person may request an informal hearing by the division of reclamation prior to filing for a formal administrative hearing under IC 4-21.5. (b) If the challenging person requests to have an i…

Sec. 8. (a) Except as provided in subsection (b), if a storage operator or an applicant files a verified statement to the department stating the reasons that trade secret or confidential and proprietary information should be disclosed, the storage operator or applicant may disclo…

Sec. 9. (a) A storage operator shall pay the department the fees described in subsections (b) and (c) for every metric ton of carbon dioxide injected for storage. (b) Not later than March 1 of each year, a storage operator shall pay to the department a fee of eight cents ($0.08) …

Sec. 1. A division inspector or a person authorized by the department may at any reasonable time enter upon public or private property to determine if there is a violation of: (1) an article listed in IC 14-25.5-1-1; or (2) a rule adopted under an article listed in IC 14-25.5-1-1…

Sec. 2. The department may issue a written notice of violation if a person violates: (1) an article listed in IC 14-25.5-1-1; or (2) a rule adopted under an article listed in IC 14-25.5-1-1. As added by P.L.145-2002, SEC.3.

Sec. 3. A notice of violation issued under this chapter must include the following: (1) The nature of the violation. (2) The action that is appropriate to mitigate the violation. (3) The date by which the violation must be mitigated. (4) The procedure to obtain an administrative …

Sec. 4. A notice of violation issued under this chapter is governed by IC 4-21.5-3-6. As added by P.L.145-2002, SEC.3.

Sec. 5. A notice of violation issued under this chapter becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative adjudication under IC 4-21.5-3-6 within thirty (30) days after receipt of the notice. As added by P.L.145-2002, SEC.3. Amend…

Sec. 6. A person who fails to mitigate a violation within the time set forth in a notice of violation is liable for: (1) a civil penalty; (2) permit revocation; or (3) the sanctions under both subdivisions (1) and (2); under IC 14-25.5-4. As added by P.L.145-2002, SEC.3.…

Sec. 7. (a) Subsection (b) applies if a person was issued a notice of violation under IC 14-27-7.5-11 for a structure that is classified by the department as a high hazard structure under the hazard classification system in IC 14-27-7.5-8(b)(1) and: (1) the person: (A) has exhaus…

Sec. 0.5. (a) Notwithstanding subsection (b), this chapter does not authorize the creation of a watershed development commission if the area in which the watershed development commission could exercise the powers conferred by this article would include any part of the area in whi…

Sec. 1. (a) The executive of a county may adopt an ordinance designating the county as a member of a proposed watershed development commission if at least ten percent (10%) of the surface of the designated watershed, as identified in the ordinance under subsection (b)(1), lies wi…

Sec. 2. (a) If one (1) county executive submits an ordinance and a written request for recognition of a proposed watershed development commission under section 1(c) of this chapter, the natural resources commission shall decide under subsections (c) through (e) whether to recogni…

Sec. 3. (a) Upon the natural resources commission's issuance of an order recognizing a proposed watershed development commission under section 2 of this chapter: (1) the commission is established as a public body corporate and politic; and (2) each county recognized as a member o…

Sec. 4. (a) The executive of a county may adopt an ordinance proposing the county for membership in an established watershed development commission if at least ten percent (10%) of the surface of the commission's designated watershed lies within the boundaries of the county. (b) …

Sec. 5. (a) The executive of a county may adopt an ordinance proposing the county for membership in an established watershed development commission even if less than ten percent (10%) of the surface of the designated watershed of the commission lies within the boundaries of the c…

Sec. 6. (a) A county to which section 4 or 5 of this chapter applies may not become a member of an existing watershed development commission unless: (1) the executives of all of the counties that are members of the existing commission adopt ordinances accepting the county as a me…

Sec. 7. (a) If: (1) the executives of all of the counties that are members of an existing watershed development commission adopt ordinances under section 6(a)(1) of this chapter accepting a county to which section 4 or 5 of this chapter applies as a member county of the existing …

Sec. 1. As used in this chapter, "prior natural resources law" refers to the statutes that are repealed or amended in the recodification act of the 1995 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding pr…

Sec. 2. The purpose of the recodification act of the 1995 regular session of the general assembly is to recodify prior natural resources law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that: (1) the recodification act of the 1995 regul…

Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 1995 regular session of the general assembly. [1995 Recodification Citation: New.] As added by P.L.1-1995, SEC.1. Ame…

Sec. 4. (a) The recodification act of the 1995 regular session of the general assembly does not affect: (1) any rights or liabilities accrued; (2) any penalties incurred; (3) any violations committed; (4) any proceedings begun; (5) any bonds, notes, loans, or other forms of indeb…

Sec. 5. The recodification act of the 1995 regular session of the general assembly shall be construed as a recodification of prior natural resources law. If the literal meaning of the recodification act of the 1995 regular session of the general assembly would result in a substan…

Sec. 6. Subject to section 7 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1995 regular session of the general assembly shall be treated after the effective date of the…

Sec. 7. A citation reference in the recodification act of the 1995 regular session of the general assembly to another provision of the recodification act of the 1995 regular session of the general assembly shall be treated as including a reference to the provision of prior natura…

Sec. 8. (a) As used in the recodification act of the 1995 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1995 regular session of the general assembly refers to e…

Sec. 9. (a) A reference in the recodification act of the 1995 regular session of the general assembly to a citation in the prior natural resources law before its repeal is added in certain sections of the recodification act of the 1995 regular session of the general assembly only…