312 IAC 29-34-5 - Permit revocation procedure

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

Affected: IC 4-21.5; IC 14-37

Sec. 5.

(a) The division director may initiate a proceeding under IC 4-21.5and IC 14-37 to revoke a permit for a well for oil and gas purposes upon a finding that the:

(1) permit was issued through fraud or misrepresentation;

(2) information or conditions upon which a permit was issued have substantially changed since issuance;

(3) owner or operator has failed to maintain bond on a permit as specified in 312 IAC 29-12-6;

(4) owner or operator has violated IC 14-37 or this article;

(5) owner or operator of a well for oil and gas purposes is polluting the waters or land in Indiana; or

(6) owner or operator has been issued a notice of violation under section 3 of this rule and has failed to do at least one (1) of the following:

(A) Abate the violation within the prescribed period.

(B) Secure in writing an extension of time in which to abate the violation before the expiration of the period established for abatement.

(C) Request a proceeding under IC 4-21.5-3-6 within:

(i) thirty (30) days after receipt of the notice of violation; or

(ii) the period provided by the division for abatement;

whichever is longer.

(b) In addition to the grounds for permit revocation set forth under subsection (a), a permit for a Class II well may be revoked, modified, or reissued under IC 4-21.5-3-5 where there is:

(1) a substantial change of conditions in the operation of the Class II well;

(2) a substantial change in the information upon which the permit was issued; or

(3) reasonable cause to believe that the permitted operation may result in the movement of fluids into an underground source of drinking water other than an exempted aquifer.

Notes

312 IAC 29-34-5

Natural Resources Commission; 312 IAC 29-34-5; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA