CHAPTER 8. PLUGGING AND ABANDONMENT
IC 14-37-8
Chapter 8. Plugging and Abandonment
IC 14-37-8-1
When plugging and abandonment required; violations
Sec. 1. (a) An owner or operator shall plug and abandon a wellthat:
(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 ispermitted;
unless the owner or operator is authorized to delay the plugging andabandonment of the well under section 8 of this chapter.
(b) An owner or operator of a well who:
(1) ceases to operate the well; and
(2) knowingly fails to plug and abandon the well in violation ofsubsection (a);
is subject to the criminal penalty set forth in IC 14-37-13-6. Each daythat the well remains not plugged and not abandoned constitutes aseparate violation of subsection (a).
As added by P.L.1-1995, SEC.30.
IC 14-37-8-2
Plugging methods
Sec. 2. Plugging methods must be approved by the commissionand must permanently confine all oil, natural gas, and water in theiroriginal strata. Mud-laden fluid, cement, or mechanical plugs shallbe used singly or in combination.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-3
Sealing and capping of wells
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 wellfor oil and gas purposes;
shall seal and cap the well at the casinghead until the pluggingoperations begin.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-4
Notice required before plugging and abandonment
Sec. 4. An owner or operator shall notify an oil and gas inspectorat least forty-eight (48) hours before plugging and abandoning a wellunder this chapter.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-5
Required conditions for plugging well
Sec. 5. (a) An owner or operator may plug a well under this
section only if one (1) of the following conditions exists:
(1) An oil and gas inspector is present.
(2) Verbal approval is obtained from the division director toplug the well without the supervision of an oil and gasinspector.
(b) Approval under subsection (a)(2) may be granted only if thefollowing conditions are met:
(1) The operator has made a good faith effort to comply withsection 4 of this chapter.
(2) The plugging method to be used is approved by thecommission.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-6
Filing evidence of plugging
Sec. 6. If verbal approval is granted under section 5(a)(2) of thischapter, an owner or operator shall file with the division verifiableevidence, as specified by the division, that plugging was performedin accordance with the approved method.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-7
Redrilling and replugging of hole
Sec. 7. The director of the division of oil and gas may require anowner or operator to redrill and replug a hole if the operator does notcomply with section 5 of this chapter.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-8
Delay or deferral of plugging and abandonment of well; temporaryabandonment of well
Sec. 8. (a) An owner or operator may delay the plugging andabandoning of a well that has been drilled, completed, and cased forproduction if the owner or operator satisfies the requirements for:
(1) deferring abandonment of the well under subsection (b); or
(2) temporarily abandoning the well under subsection (c).
(b) An owner or operator of a well may defer abandoning the wellfor not more than one (1) year, or any lesser period prescribed by thedivision, if the well conforms to the requirements of this article andrules adopted under this article. To defer abandoning a well underthis subsection, the owner or operator of the well must notify thedepartment in writing that the owner or operator intends to deferabandonment of the well. The notice must be given to the departmentnot more than sixty (60) days after the later of the following:
(1) The date of the completion and casing of the well.
(2) The date on which the operation of the well is terminated.
(c) An owner or operator of a well may temporarily abandon thewell if the well conforms to the requirements of this article and rulesadopted under this article. To temporarily abandon a well under thissubsection, the owner or operator must file with the division, on a
form prescribed by the division, an application for temporaryabandonment. The application must be filed not more than sixty (60)days after any of the following:
(1) The date on which the drilling of the well is completed.
(2) The date on which the operation of the well is terminated.
(3) The expiration of the period during which the owner oroperator defers abandoning the well under subsection (b).
As added by P.L.1-1995, SEC.30.
IC 14-37-8-9
Notice to inspector of removal of well casing or plugging andabandoning well
Sec. 9. An owner or operator may not:
(1) remove any casing from a well; or
(2) plug and abandon a well;
unless the owner or operator gives at least forty-eight (48) hoursnotice to an oil and gas inspector.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-10
Hearing on oil or gas well leaks
Sec. 10. Any person may request a hearing before the commissionunder IC 4-21.5 to consider whether a well for oil and gas purposesis:
(1) leaking or may leak a deleterious substance into an aquifercontaining fresh water or onto the surface of the land; or
(2) allowing oil or gas from the well to escape into theatmosphere.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-11
Notice of proceedings to persons responsible for plugging andabandoning wells
Sec. 11. Each person who is responsible for plugging andabandoning a well shall be notified of a proceeding under section 10of this chapter.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-12
Orders to remedy conditions causing environmental harm
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 orwaste.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-13
Authorization for department or person to enter land to perform
remedial action
Sec. 13. (a) If after thirty (30) days from the service of an orderunder 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 toenter upon the land where the well is located and to remedy thecondition.
(b) A person who acts in accordance with an authorization underthis section is not liable for damages resulting from operationsreasonably necessary or proper to plug, abandon, replug, or repair thewell, except for damages to growing crops and improvements.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-14
Limited liability of person plugging, abandoning, replugging, orrepairing well under commission authorization
Sec. 14. (a) A person who plugs, abandons, replugs, or repairs awell under an order or authorization entered under this chapter:
(1) does not assume responsibility for future remedial action onthe well; and
(2) is not liable for conditions subsequently arising with respectto the well.
(b) A person who remedies or attempts to remedy a conditionunder this chapter does not by that action admit liability for:
(1) the condition; or
(2) damages resulting from the condition.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-15
Expenses of remedial action
Sec. 15. A person:
(1) who has no obligation to plug, abandon, replug, or repair awell; 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 thereasonable expenses of the remedial action or may apply to the oiland gas environmental fund under IC 14-37-10 to recover thereasonable expenses of the remedial action.
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.2.
IC 14-37-8-16
Temporary action prior to remedial action
Sec. 16. The director may enter an order under IC 4-21.5-4 toprovide temporary action to prevent or minimize injury that mayoccur before remedial action is performed under section 12 or 13 ofthis chapter if the director determines that substantial injury wouldotherwise result.
As added by P.L.1-1995, SEC.30.
IC 14-37-8-17
Repealed
(Repealed by P.L.80-2005, SEC.8.)