Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 9. (a) Upon receipt of the written approval of the commission, the board shall schedule a hearing on the drawings, specifications, and cost estimates at which any interested person must be heard. The hearing shall be held: (1) in the office of the district; or (2) at another…

Sec. 1. (a) After a surface coal mining and reclamation permit application is approved but before the permit is issued, the applicant must file with the director, on a form prescribed and furnished by the director, a bond for performance payable to the state and conditional upon …

Sec. 10. (a) This section applies to the following: (1) A person with a legal interest that might be adversely affected by release of a bond. (2) The responsible officer or head of a federal, state, or local governmental agency that: (A) has jurisdiction by law or special experti…

Sec. 11. (a) If written objections are filed and a hearing requested under section 10 of this chapter, the director shall do the following: (1) Inform all the interested parties of the date, time, and location of the hearing. (2) Publish notice of the information one (1) time eac…

Sec. 12. Without prejudice to the rights of the objectors under section 10 of this chapter or the applicant, the director may provide for an informal conference to resolve the written objections. [Pre-1995 Recodification Citation: 13-4.1-6-7(f).] As added by P.L.1-1995, SEC.27.…

Sec. 13. The director may release the bond, deposit, or letter of credit in whole or in part if the director is satisfied that the reclamation covered by the bond or deposit or part of the bond or deposit has been accomplished as required by this article according to the followin…

Sec. 14. (a) If a public hearing requested under section 10 of this chapter is not held, the director shall notify the permittee in writing of the decision on the application or bond release within sixty (60) days of the filing of the application. (b) If the director disapproves …

Sec. 14.3. The director may release the bond, deposit, or letter of credit covering an area that has not been disturbed by surface coal mining activities. A release under this subsection is not subject to the public notice and hearing requirements set forth in sections 7 through …

Sec. 14.6. (a) This section applies when an applicant or permittee submits a bond, deposit, or letter of credit covering an area that: (1) has been disturbed by surface coal mining activities; and (2) is covered by another bond, deposit, or letter of credit previously submitted b…

Sec. 15. (a) As used in this section, "fund" refers to the post-1977 abandoned mine reclamation fund established by this section. (b) The post-1977 abandoned mine reclamation fund is established. The fund consists of bond forfeiture money collected under section 16 of this chapte…

Sec. 16. (a) The director may order the forfeiture of all or part of a bond for a permit area or an increment of a permit area, regardless of whether the entire area has been disturbed by surface mining activities, if: (1) the permittee does not conduct reclamation operations in …

Sec. 2. (a) The director shall determine the amount of the bond required for each bonded area. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the director if forfeiture occurs. However, the bond amount…

Sec. 3. Liability under the bond extends for: (1) the duration of the surface coal mining and reclamation operation; and (2) a period coincident with the operator's responsibility for revegetation requirements in IC 14-34-10. [Pre-1995 Recodification Citation: 13-4.1-6-3.] As add…

Sec. 4. The operator and a corporate surety: (1) licensed to do business in Indiana; and (2) recognized by the treasurer of state as holding a certificate of authority from the United States Department of the Treasury as an acceptable surety on federal bonds; shall execute the bo…

Sec. 5. (a) Instead of a bond, an operator may elect to deposit: (1) cash; (2) negotiable bonds of the United States government or of Indiana; or (3) negotiable certificates of deposit or letters of credit of a bank organized or transacting business in the United States; in an am…

Sec. 6. The director shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond periodically as: (1) affected land acreages are increased or decreased; (2) changes occur in the cost of future reclamation; or (3) significant ch…

Sec. 7. (a) After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or deposit. As part of the bond release application, the permittee must do the following: (1) Submit copies of letters that the permittee has sent by certified…

Sec. 8. If an application for total or partial bond release is filed with the director, the director shall notify appropriate: (1) local governmental bodies; (2) planning agencies; (3) sewage and water treatment authorities; or (4) water companies; in the county in which the surf…

Sec. 9. Within thirty (30) days of receipt of a bond release application, the director shall conduct an inspection and evaluation of the reclamation work involved. The evaluation must include the following: (1) The degree of difficulty to complete a remaining reclamation. (2) Whe…

Sec. 1. (a) Except as otherwise provided in this chapter, this section applies to the following: (1) An applicant for a permit under this article who has never been granted a permit for a well for oil and gas purposes under this article. (2) A person who has demonstrated a patter…

Sec. 2. Instead of the bond required by section 1 of this chapter, the department may accept cash or a certificate of deposit. [Pre-1995 Recodification Citation: 13-8-8-2.] As added by P.L.1-1995, SEC.30. Amended by P.L.32-2021, SEC.33.

Sec. 3. Each blanket bond for wells created, modified, or acquired during the duration of a bond that was accepted by the commission before March 11, 1971, must be replaced by a new blanket bond in the amount of thirty thousand dollars ($30,000) before January 2, 2002. The new re…

Sec. 4. Instead of a bond required by section 1 of this chapter, the commission may require a well owner or operator to provide proof of financial ability to abandon a noncommercial natural gas well. The proof must be established by a financial statement and personal guaranty. [P…

Sec. 5. The director shall order forfeiture of a bond or alternative security provided under this chapter when a permit is revoked under IC 14-37-13. [Pre-1995 Recodification Citation: 13-8-8-5.] As added by P.L.1-1995, SEC.30.

Sec. 1. The definitions in this chapter apply throughout this article and 312 IAC 30. As added by P.L.161-2026, SEC.39.

Sec. 10. "Carbon sequestration pilot project" refers to the pilot project described in IC 14-39-1-3.5. As added by P.L.161-2026, SEC.39.

Sec. 11. (a) "Carbon sequestration project" refers to the long term geologic sequestration of a: (1) gaseous; (2) liquid; or (3) supercritical; carbon dioxide stream in a subsurface geologic formation that requires a UIC Class VI permit. (b) The term does not apply to carbon diox…

Sec. 12. "Confining zone" means: (1) a geologic formation; (2) a group of geologic formations; or (3) part of a geologic formation; capable of limiting the movement of the carbon dioxide stream and all fluids above an injection zone. (b) For a carbon dioxide injection well permit…

Sec. 12.5. "Corrective action" means action: (1) taken by the owner or operator of a permitted Class VI carbon dioxide injection well; and (2) approved by the director; to ensure that a carbon dioxide injection well within the area of review does not serve as conduits for the mov…

Sec. 13. "Fault" means a surface or zone or rock fracture along which there has been displacement. As added by P.L.161-2026, SEC.39.

Sec. 13.5. "Injection zone" means a geological: (1) formation; (2) group of formations; or (3) part of a formation; that is conducive to receiving carbon dioxide with a permitted carbon sequestration project. As added by P.L.161-2026, SEC.39.

Sec. 14. "Lithology" means the description of rocks on the basis of their physical and chemical characteristics. As added by P.L.161-2026, SEC.39.

Sec. 15. "Mechanical integrity test" refers to a test performed on a well permitted by a UIC Class VI permit that meets the requirements established under 40 CFR 146.8. As added by P.L.161-2026, SEC.39.

Sec. 16. "Mineral lessee" means a lessee identified by the records of the recorder of deeds for each county containing a portion of the proposed reservoir who holds an interest in minerals on real property that are located above, below, or within the proposed reservoir that has b…

Sec. 17. "Mineral owner" means an owner identified by the records of the recorder of deeds for each county containing a portion of the proposed reservoir who holds an interest in minerals on real property that are located above, below, or within the proposed reservoir that has be…

Sec. 18. "Packer" means a device lowered into a well to produce a fluid-tight seal. As added by P.L.161-2026, SEC.39.

Sec. 19. "Person" means: (1) an individual; (2) a legal entity; (3) a government entity; or (4) an employee of a: (A) legal entity; or (B) government entity. As added by P.L.161-2026, SEC.39.

Sec. 2. "Abandoned well" refers to a well: (1) whose use has been permanently discontinued; or (2) which is in a state of disrepair; such that it cannot be used for its intended purpose or for observation purposes. As added by P.L.161-2026, SEC.39.

Sec. 20. "Pore space" means a subsurface geological cavity or void that is of a sufficient areal extent, thickness, porosity, and permeability to receive and store carbon dioxide through a carbon sequestration project well. As added by P.L.161-2026, SEC.39.

Sec. 21. "Pore space owner" means: (1) a person; (2) a trust; (3) a corporation; or (4) another entity; that has title to, a right to, or an interest in pore space. As added by P.L.161-2026, SEC.39.

Sec. 21.5. "Post-injection site care" refers to the requirements set forth in 40 CFR 146.93. As added by P.L.161-2026, SEC.39.

Sec. 22. "Primacy" means primary enforcement authority over Class VI wells under the Safe Drinking Water Act. As added by P.L.161-2026, SEC.39.

Sec. 23. "Reservoir" means a subsurface geological: (1) sedimentary stratum; (2) formation; (3) saline aquifer; (4) cavity; or (5) void; that is naturally or artificially created for the use of, or is capable of being made suitable for, injecting and storing carbon dioxide. As ad…

Sec. 24. (a) "Responsible officer" means a person who has the authority to legally obligate an entity to comply with federal law. (b) The term includes the following: (1) An authorized officer of a corporation. (2) A manager of a limited liability company, or if the limited liabi…

Sec. 25. "Storage facility" means the subsurface area consisting of the extent of a carbon dioxide plume which is required to be set forth on an approved UIC Class VI permit or an amendment to a UIC Class VI permit of a storage operator. As added by P.L.161-2026, SEC.39.

Sec. 26. "Storage operator" means: (1) a person; (2) a trust; (3) a corporation; or (4) another entity; that owns or operates a carbon sequestration project. As added by P.L.161-2026, SEC.39.