Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 16. (a) At the hearing the court may order the report of the board of appraisers amended to conform with the evidence. The court then shall enter an order: (1) dismissing the report; or (2) approving the report. (b) An appeal of the order may be made to the supreme court wit…

Sec. 17. When the report of the board of appraisers regarding damages is approved by the court, the board of directors may do the following: (1) Pay to the clerk of the court the amount of the appraisal. (2) Take possession of and hold the interest in the real property appropriat…

Sec. 2. (a) Before beginning the duties, each appraiser must take and subscribe to an oath that the appraiser will faithfully and impartially discharge the duties. (b) A majority of the board of appraisers constitutes a quorum, and a quorum is sufficient for decisions. (c) Each a…

Sec. 3. The board of directors shall furnish necessary assistance to the appraisers, including the services of the attorney, engineer, secretary, and other agents and employees of the board of directors. [Pre-1995 Recodification Citation: 13-3-3-61(c).] As added by P.L.1-1995, SE…

Sec. 4. If the board of appraisers has the function of determining damages, the board of directors may continue to make settlement directly with the persons who own or have an interest in all or any real property needed by the district. The board of directors also may acquire any…

Sec. 5. (a) In determining damages, the board of directors shall give the appraisers the description of land needed in fee simple and of land over which an easement is needed. If an easement is designated by the board of directors, the purpose and extent of the easement must be d…

Sec. 6. If the board of appraisers has the function of determining the existence and amount of exceptional benefits, the appraisers shall become familiar with the details of the district plan and the real property affected by the district plan. In making the determinations, the a…

Sec. 7. (a) In determining the existence and amount of exceptional benefits resulting from the accomplishment of the purpose of: (1) flood prevention and control; (2) improving drainage; or (3) both; for a district having a district plan incorporating a watershed work plan prepar…

Sec. 8. (a) In determining the existence and amount of exceptional benefits resulting from the purpose of sewage collection, treatment, and disposal, the appraisers shall consider as exceptionally benefited the following: (1) Real property that would not pay special benefits taxe…

Sec. 9. The board of appraisers shall make a report of the findings to the court as the court orders. All the findings concerning both damages and exceptional benefits may be made in one (1) report or in separate reports at different times. In addition, the report may be made for…

Sec. 1. As used in this chapter, "bond pool" refers to the surface coal mine reclamation bond pool established by this chapter. [Pre-1995 Recodification Citation: 13-4.1-6.5-2.] As added by P.L.1-1995, SEC.27.

Sec. 10. (a) Forfeiture of bonds of an operator participating in the bond pool shall be accomplished under IC 14-34-6-16. In addition to forfeiture, the director may proceed against the permittee of the surface coal mining operation by filing a civil action for injunctive or othe…

Sec. 11. (a) The surface coal mine reclamation bond pool committee is established. The committee consists of the following: (1) Five (5) members appointed by the director as follows: (A) Three (3) members must represent a cross-section of coal operators. (B) One (1) member must b…

Sec. 2. As used in this chapter, "committee" refers to the surface coal mine reclamation bond pool committee established by this chapter. [Pre-1995 Recodification Citation: 13-4.1-6.5-1.] As added by P.L.1-1995, SEC.27.

Sec. 3. The surface coal mine reclamation bond pool is established to be used for surface coal mine reclamation under this chapter. The department shall administer the bond pool. [Pre-1995 Recodification Citation: 13-4.1-6.5-3.] As added by P.L.1-1995, SEC.27.

Sec. 4. (a) As used in this section, "mining" includes contract mining. (b) As used in this section, "operator" includes a predecessor in interest, subsidiaries, and affiliates as approved by the director. (c) Participation in the bond pool is open to each operator applying for a…

Sec. 5. (a) An application for participation in the bond pool must be accompanied by an entrance fee of one thousand dollars ($1,000). The fees collected under this section shall be deposited in the post-1977 abandoned mine reclamation fund under IC 14-34-6-15 and dedicated as co…

Sec. 6. (a) Subject to subsection (c), an operator is suspended from the bond pool if the operator: (1) fails to pay a fee or civil penalty under: (A) IC 13-4.1 (before its repeal); (B) this article; or (C) the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.…

Sec. 7. The bond or other surety furnished by the operator under section 5 of this chapter shall be released by the director when the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the operator's approved reclamation plan. …

Sec. 8. (a) When an operator furnishes a bond under section 5 of this chapter to participate in the bond pool, the operator shall pay a fee of twenty-five dollars ($25) per bonded acre into the bond pool. (b) After the bond or other surety has been released under section 7 of thi…

Sec. 9. After all available money furnished for a permit under section 5(b) and 5(c) of this chapter is exhausted under section 10 of this chapter, the money in the bond pool is available for the completion of reclamation necessary to achieve phase II and phase III bond release a…

Sec. 1. (a) An owner or operator shall plug and abandon a well that: (1) is completed as a nonproductive well; (2) ceases to produce oil or natural gas; or (3) is no longer operated for the purpose for which the well is permitted; unless the owner or operator is authorized to del…

Sec. 10. (a) Any person may request a hearing before the commission under IC 4-21.5 to consider whether a well for oil and gas purposes is: (1) leaking or may leak a deleterious substance into an aquifer containing fresh water or onto the surface of the land; or (2) allowing oil …

Sec. 11. Each person who is responsible for plugging and abandoning a well shall be notified of a proceeding under section 10 of this chapter. [Pre-1995 Recodification Citation: 13-8-10-11.] As added by P.L.1-1995, SEC.30.

Sec. 12. The commission may order any responsible person to: (1) plug and abandon; (2) replug; or (3) repair; a well to remedy a condition found to cause environmental harm or waste. [Pre-1995 Recodification Citation: 13-8-10-12.] As added by P.L.1-1995, SEC.30.

Sec. 13. (a) If after thirty (30) days from the service of an order under section 12 of this chapter the well has not been properly: (1) plugged and abandoned; (2) replugged; or (3) repaired; the commission may authorize the department or another person to enter upon the land whe…

Sec. 14. (a) A person who plugs, abandons, replugs, or repairs a well under an order or authorization entered under this chapter: (1) does not assume responsibility for future remedial action on the well; and (2) is not liable for conditions subsequently arising with respect to t…

Sec. 15. A person: (1) who has no obligation to plug, abandon, replug, or repair a well; but (2) who does so under section 12, 13, 14, or 16 of this chapter; may recover in a civil action against any responsible person the reasonable expenses of the remedial action or may apply t…

Sec. 16. The director may enter an order under IC 4-21.5-4 to provide temporary action to prevent or minimize injury that may occur before remedial action is performed under section 12 or 13 of this chapter if the director determines that substantial injury would otherwise result…

Sec. 18. (a) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against an owner or operator who: (1) violates; or (2) fails to comply with an order of the division in relation to; section 3, 4, or 4.2 of this chapter. (b) An owner or operat…

Sec. 2. (a) Plugging methods must be approved by the commission and must permanently confine all oil, natural gas, and water in their original strata. Mud-laden fluid, cement, mechanical plugs, or other methods or materials approved by the director must be used singly or in combi…

Sec. 3. An owner or operator of a well that: (1) is required to be plugged under section 1 of this chapter; and (2) is not converted under this chapter to another type of well for oil and gas purposes; shall seal and cap the well at the casinghead until the plugging operations be…

Sec. 4. (a) This section applies to a well that is being plugged as a dry hole immediately following the completion of drilling or redrilling operations. (b) Subject to subsection (c), an owner or operator must give verbal or written notice of intent to plug a well to an oil and …

Sec. 4.2. (a) This section applies to the plugging of a well other than a well that is plugged under section 4 or 4.3 of this chapter. (b) An owner or operator must give written notice of intent to plug a well to the department on a form provided by the department at least ten (1…

Sec. 4.3. (a) This section applies to the plugging of a well other than a well referred to in section 4 of this chapter if an emergency or other urgent condition requires the immediate plugging of the well. (b) An emergency condition exists if a well is found to be leaking or dis…

Sec. 4.4. Not later than thirty (30) days after the completion of well plugging operations under this chapter, the operator shall submit a report of well plugging to the department describing in detail the specific methods used to plug the well. The report must: (1) be on a form …

Sec. 7. The director of the division of reclamation may require an owner or operator to redrill and replug a hole if the operator does not comply with section 4, 4.2, or 4.3 of this chapter. [Pre-1995 Recodification Citation: 13-8-10-7.] As added by P.L.1-1995, SEC.30. Amended by…

Sec. 8. (a) An owner or operator may delay the plugging and abandoning of a well that has been drilled, completed, and cased for production if the owner or operator satisfies the requirements for: (1) deferring abandonment of the well under subsection (b); or (2) temporarily aban…

Sec. 1. As used in this chapter, "department" refers to the department of natural resources. As added by P.L.137-1997, SEC.3.

Sec. 10. The department shall adopt rules under IC 4-22-2 to implement this chapter, including rules governing: (1) the deadlines for applying for a grant under this chapter; and (2) the types of expenses incurred by a county sheriff's department in providing the law enforcement …

Sec. 2. As used in this chapter, "fiscal body" has the meaning set forth in IC 36-1-2-6(1) or IC 36-1-2-6(2), whichever applies. As added by P.L.137-1997, SEC.3.

Sec. 3. As used in this chapter, "fund" refers to the counties with special boat patrol needs fund established by section 5 of this chapter. As added by P.L.137-1997, SEC.3.

Sec. 4. As used in this chapter, "lake" has the meaning set forth in IC 14-8-2-137(1). As added by P.L.137-1997, SEC.3.

Sec. 5. (a) The counties with special boat patrol needs fund is established exclusively to provide grants to certain counties to provide law enforcement services on lakes or boundary waters located within the counties. (b) The department shall administer the fund. Money in the fu…

Sec. 6. The department shall develop a formula for the distribution of grants from the fund. The formula must take into account at least the following factors: (1) The number of lakes or boundary waters located within the county. (2) The extent of boat usage for each lake or boun…

Sec. 7. For a county to be eligible to receive a grant from the fund, each year in which a grant is sought the following must occur: (1) The county sheriff must submit to the fiscal body an estimated budget request to provide special needs boat patrol on lakes or boundary waters …