Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

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…

nonresident 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 m…

continuances 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 t…

or repair test hole 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 r…

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…

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 pe…

of natural resources 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, …

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…

[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 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) Except as otherwise provided in this chapter, this chapter does not apply to extractable mineral resources. (b) Except as otherwise provided in this chapter, this chapter does not preclude the exercise of rights provided by IC 14-37-9. (c) Except as otherwise provided…

Sec. 10. (a) The carbon dioxide storage facility trust fund is established. (b) The fee collected under section 9 of this chapter must be deposited in the carbon dioxide storage facility trust fund established by subsection (a). (c) The carbon dioxide storage facility trust fund …

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. 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. 13. (a) A certificate of project completion shall be issued upon the application from 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.…

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. 2. (a) The following definitions apply throughout this chapter. (b) "Carbon dioxide" has the meaning set forth in IC 14-39-1-1. (c) "Carbon dioxide injection well" refers to a well that is used to inject carbon dioxide into a reservoir for carbon sequestration pursuant to a …

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) 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) employing…

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

Sec. 7. If the department approves an application under section 5 of this chapter or a corrected application under section 6(c) of this chapter, the department shall issue to the applicant a carbon sequestration project permit. As added by P.L.163-2022, SEC.2.

department 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…

Sec. 9. (a) A storage operator shall pay the department a fee for every ton of carbon dioxide injected for storage. (b) The storage operator shall provide the department with an estimate of the amount of carbon dioxide to be injected into a storage facility for the period of the …

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 administrative rev…

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.

administrative review 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 administrative review under IC 4-21.5-3-6 within thirty (30) days after receipt of the notice. As added by P.L.145-2002,…

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…