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Current as of January 02, 2024 | Updated by Findlaw Staff
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 a well for oil and gas purposes (as defined by IC 14-8-2-317) for carbon dioxide investigations;
without first obtaining a permit issued by the department under this section.
(b) A person issued a permit under this section shall do the following:
(1) Comply with the conditions of the permit to the satisfaction of the department;
(2) Correct any adverse environmental impact that results from noncompliance with a permit.
(3) Provide for the proper operation and maintenance of all:
(A) facilities;
(B) treatment systems; and
(C) control and related appurtenances;
that are installed or used by the person to comply with the permit conditions.
(c) A permit issued under this section does not convey to the holder a property right or an exclusive privilege.
(d) An application for a permit under subsection (a) must include the following:
(1) The name, address, telephone number, and electronic mail address of the applicant.
(2) The signature of the applicant or the applicant's designee. The applicant must be the operator identified in the permit application.
(3) An identification of the plat of land or lease where the well is to be located, along with a description of the property boundaries, lease lines, and storage area tract boundary, including the acreage within the tract, as applicable.
(4) The location of the proposed well as certified by a professional surveyor registered under IC 25-21.5.
(5) The surface elevation of the proposed well and the method used for determining that elevation.
(6) The depth of the proposed well.
(7) Proof of a surface use agreement executed by the applicant and the surface owner, including an agreement specifying that in acting as authorized under a permit issued by the department under this section, the operator does not commit trespass with respect to the subsurface estate in any case in which the subsurface estate is separate from the surface estate.
(8) Any other information required by the department that is necessary to administer this section.
(e) An applicant shall submit the following with an application for a permit under this section:
(1) For each well included in the application, a cash bond of ten dollars ($10) for each foot of well depth.
(2) A permit fee of two hundred fifty dollars ($250) payable to the department.
The department shall deposit all amounts collected under this subsection in the carbon sequestration project program administrative fund established by section 10.5 of this chapter.
(f) The department shall incorporate in a permit issued under this section the terms, conditions, and covenants the department considers necessary to protect the public interest.
(g) Except as provided in subsection (h), the department shall issue a permit under this section not later than fifteen (15) days after the applicant:
(1) demonstrates compliance with all relevant:
(A) provisions of this article; and
(B) rules adopted under this article;
as determined by the department; and
(2) submits a complete permit application under this section to the department; unless the fifteen (15) day deadline prescribed by this subsection is otherwise waived by the applicant.
(h) The department may deny a permit under this section if the applicant, or an officer, a partner, or a director of the applicant:
(1) either:
(A) is in violation of this article at the time of the application; or
(B) would be in violation if the permit were issued; or
(2) has previously demonstrated a pattern of willful violations of this article.
(i) Except as provided in subsection (j), a permit issued by the department under this section with respect to a particular well remains in effect until any of the following occurs:
(1) The well is plugged and abandoned.
(2) The well is converted to another type of well.
(3) The permit is revoked by the department under subsection (k).
(j) A permit issued by the department under this section expires one (1) year after the date of issuance if the drilling of a well for which the permit has been issued has not commenced within that time.
(k) The department may revoke a permit issued under this section.
(l) Subject to subsection (m), a person holding a permit under this section shall plug and abandon a well that is no longer in operation under a permit, unless the well is converted to a carbon dioxide injection or monitoring well under a UIC Class Vl permit.
(m) A person holding a permit under this section may defer plugging and abandoning a well while an application is pending to convert the well into a UIC Class VI permit carbon dioxide injection or monitoring well, as long as the well is temporarily capped and maintained in the manner prescribed by the department in the permit.
(n) After a well is plugged and abandoned or transferred, the applicant who paid the cash bond under subsection (e) may request a total or partial bond release from the department. The director of the division of reclamation shall:
(1) release the bond as requested; or
(2) deny the bond release.
(o) A determination by the department under this section is subject to review and appeal under IC 4-21.5.
(p) The commission may adopt rules under IC 4-22-2 to implement this section.
Cite this article: FindLaw.com - Indiana Code Title 14. Natural and Cultural Resources § 14-39-2-11.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-14-natural-and-cultural-resources/in-code-sect-14-39-2-11-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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