CHAPTER 13. PENALTIES
IC 14-37-13
Chapter 13. Penalties
IC 14-37-13-1
Permit revocation
Sec. 1. The commission may revoke a permit issued under thisarticle if the commission finds any of the following:
(1) The permit was issued through fraud or misrepresentation.
(2) The owner or operator has violated:
(A) this article; or
(B) a rule adopted under this article.
(3) The information or conditions upon which a permit wasissued have substantially changed since issuance.
(4) The operation of a well for oil and gas purposes is pollutingthe water or land in Indiana.
(5) The owner or operator has been issued a notice of violationunder IC 14-37-12 and has failed to do at least one (1) of thefollowing:
(A) Abate the violation within the prescribed period.
(B) Secure in writing from the division an extension of timein which to abate the violation before the expiration of theperiod established for abatement.
(C) Request a proceeding under IC 4-21.5-3-6 within:
(i) thirty (30) days after receipt of the notification; or
(ii) the period provided by the division for abatement;
whichever is longer.
As added by P.L.1-1995, SEC.30.
IC 14-37-13-2
Action following revocation of permit
Sec. 2. (a) If a permit is revoked under this chapter, thecommission may do either of the following:
(1) Order the owner or operator to plug and abandon the well.
(2) Plug and abandon the well.
(b) The revocation of a permit under this chapter does not relievethe owner or operator of the well to which the permit relates of theresponsibility imposed by IC 14-37-8 for the plugging andabandonment of the well.
(c) If the commission elects to plug and abandon a well undersubsection (a)(2), the commission may apply the bond or othersecurity provided under:
(1) IC 14-37-6; or
(2) IC 13-8-8 (before its repeal);
to the costs of plugging and abandoning the well.
(d) If the commission elects to plug and abandon a well undersubsection (a)(2), the owner or operator of the well remains liable forthe costs of plugging and abandoning the well.
(e) The state has a lien on:
(1) the casing and all equipment located on or removed from thewell site; (2) the leasehold of the land upon which the well is located; and
(3) any crude oil stored on the well site or recovered at the timethe well is plugged and abandoned;
to secure the cost of plugging and abandoning. Except as provided insubsection (f), the lien may be foreclosed on order of the commissionin the name of the state of Indiana by the attorney general in a circuitor superior court having jurisdiction in any county where the land islocated.
(f) If the commission elects to plug and abandon a well undersubsection (a)(2), the commission may also enter an orderauthorizing its agents, employees, or contractors to dispose of:
(1) casing and all equipment located on or removed from thewell site; and
(2) any crude oil stored on the well site or recovered;
at the time the well is plugged and abandoned. An inventory of thecasing and all equipment and any crude oil shall be made, and thesalvage or other reasonable market value of the casing and allequipment and any crude oil shall be applied as a credit to offset theactual cost incurred by the commission to plug and abandon the well.
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.5.
IC 14-37-13-3
Civil penalty
Sec. 3. The commission may assess against a person who violates:
(1) this article or IC 13-8 (before its repeal); or
(2) a rule adopted under this article (or IC 13-8 before itsrepeal);
a civil penalty of not more than ten thousand dollars ($10,000) foreach day the violation occurs. The penalty may be recovered and theviolator may be enjoined from continuing the violation in a civilaction.
As added by P.L.1-1995, SEC.30.
IC 14-37-13-4
Administrative review; effectiveness of civil penalty
Sec. 4. A civil penalty assessed under section 3 of this chapter issubject to IC 4-21.5-3-6 and becomes effective without a proceedingunder IC 4-21.5-3 unless a person requests an administrative reviewwithin thirty (30) days of notice of the assessment.
As added by P.L.1-1995, SEC.30.
IC 14-37-13-5
Civil action in name of state to restrain person from commencingor continuing violations
Sec. 5. The commission may bring a civil action in the name ofthe state of Indiana through the attorney general, in a circuit orsuperior court having jurisdiction in any county in which landinvolved is located or in which a person resides, to restrain theperson from commencing or continuing to violate any of thefollowing: (1) This article.
(2) A rule adopted under this article.
(3) An order of the commission.
As added by P.L.1-1995, SEC.30.
IC 14-37-13-6
Violations
Sec. 6. (a) Except as provided in subsection (b), a person whoknowingly violates this article commits a Class B misdemeanor.Each day a violation occurs is a separate offense.
(b) A person who knowingly violates this article with respect tothe operation of a Class II well commits a Class D felony.
As added by P.L.1-1995, SEC.30.
IC 14-37-13-7
Costs and expenses
Sec. 7. If an order is issued:
(1) under this article or IC 13-8 (before its repeal); or
(2) as a result of any administrative proceeding under thisarticle or IC 13-8 (before its repeal);
the court or the director may assess against any party to theproceeding the costs and expenses, including attorney's fees,reasonably incurred by that person with respect to the proceedings,including any judicial review of a final agency action. The directorshall determine the amount of the costs and expenses.
As added by P.L.1-1995, SEC.30.