312 IAC 29-28-9 - Plugging of leaking wells within area of review

Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 14-37

Sec. 9.

(a) If the division has reason to believe that injection fluids are migrating into an underground source of drinking water or leaking to the surface or into an unpermitted zone through an unpermitted or previously unknown well or drill hole located within the area of review of a Class II well, the well shall be plugged by the owner or operator unless the owner or operator demonstrates that the migrating fluids are not the result of the operation of the Class II well. The owner or operator may be ordered by the division to shut in the Class II well until all necessary corrective actions required by this section are completed to prevent the migration of injection fluids.

(b) An unpermitted or previously unknown well or drill hole that cannot be shown to have been constructed or plugged in a manner sufficient to protect the migration of fluids into an underground source of drinking water or to the surface or into an unpermitted zone shall be plugged by the current owner or operator of the Class II well.

(c) If the division has reason to believe a well previously plugged in accordance with IC 14-37located within the area of review of a Class II well is causing injection fluids to migrate into an underground source of drinking water or is leaking to the surface or into an unpermitted zone, the previously plugged well shall be replugged within sixty (60) days or an alternative time frame approved by the division director by:

(1) the previous permittee at the time the previously plugged well was plugged, if known; or

(2) the owner or operator of the Class II well, if the previous permittee does not replug the well.

(d) The owner or operator of the Class II well shall be entitled to establish that the fluid leaking into the underground source of drinking water or to the surface is not the result of operating the Class II well.

(e) Any violation of this section may result in the issuance of an order requiring the owner or operator to plug the Class II well.

(f) The owner or operator shall notify the division orally within twenty-four (24) hours of any failure or irregularity indicating that fluid is leaking into:

(1) an underground source of drinking water;

(2) the surface; or

(3) an unpermitted zone.

The owner or operator shall provide written notice of the failure or irregularity to the division within five (5) days of the occurrence and shall comply with section 8 of this rule.

Notes

312 IAC 29-28-9

Natural Resources Commission; 312 IAC 29-28-9; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA