CHAPTER 4. REGULATION OF WATER WELL DRILLING
IC 25-39-4
Chapter 4. Regulation of Water Well Drilling
IC 25-39-4-1
Records; copy of record to department
Sec. 1. (a) Each licensee shall keep accurate records for each welldrilled. The record for each well must contain the followinginformation:
(1) The location of the well.
(2) The depth and diameter of the well.
(3) The date the contractor completed the well.
(4) The character and thickness of materials or formationsdrilled.
(5) The static water level and performance data of the well.
(6) Any other information required by rule.
(b) Each licensee shall, within thirty (30) days after thecompletion of a well, forward a copy of the record of the well to thedepartment on forms prescribed or approved by the department.
As added by P.L.262-1987, SEC.4. Amended by P.L.84-2010,SEC.85.
IC 25-39-4-2
Standards for well siting, construction, and operation
Sec. 2. (a) The commission shall, by rule, establish standards forwell siting, construction, and operation. The standards must addressthe following:
(1) Placement of wells.
(2) Well drilling procedures.
(3) Operation of well drilling and water well pump equipment.
(4) Contamination precautions.
(5) Well casing and water well pump specification andinstallation.
(6) Well grouting procedures.
(7) Well screen design and installation.
(8) Pitless adapter units.
(9) Installation of pumping apparatus.
(10) Well disinfection techniques.
(11) Sealing and plugging abandoned wells.
(12) Other generally accepted standards relating to the drilling,operation, or abandonment of wells.
(b) A well that is drilled after December 31, 1987, must be drilledin compliance with the rules adopted under this section.
As added by P.L.262-1987, SEC.4. Amended by P.L.84-2010,SEC.86.
IC 25-39-4-3
Standards for well casing
Sec. 3. The commission may not establish standards under section2 of this chapter that prohibit the use of well casing that is at leasttwo (2) inches in diameter.As added by P.L.262-1987, SEC.4.
IC 25-39-4-4
Plugging wells not equipped with casing
Sec. 4. A well that is drilled after December 31, 1987, and notequipped with casing must be plugged by the driller withinseventy-two (72) hours after drilling is completed.
As added by P.L.262-1987, SEC.4.
IC 25-39-4-5
Annular space grouting
Sec. 5. A well that is drilled after December 31, 1987, andequipped with casing must have the annular space grouted with neatcement, bentonite clay, or another material that has been approved bythe commission by the driller when the well is completed.
As added by P.L.262-1987, SEC.4.
IC 25-39-4-6
Sealing abandoned or unused wells
Sec. 6. (a) A well that was abandoned before January 1, 1988,must be sealed by the use of a welded or threaded cap, or inaccordance with rules adopted by the commission under IC 4-22-2.If the director determines that a well described in this subsectionposes a hazard to human health, the well shall be plugged inaccordance with rules adopted by the commission under IC 4-22-2.
(b) The owner of land upon which is situated a well that isabandoned after December 31, 1987, must have the well plugged bya water well driller within one (1) year after it is abandoned.
(c) A well that has not been used for more than three (3) months,but has not been abandoned, must be sealed at or above the landsurface with a welded or threaded cap, or in accordance with rulesadopted by the commission under IC 4-22-2.
As added by P.L.262-1987, SEC.4. Amended by P.L.120-1993,SEC.19.
IC 25-39-4-7
Suspension or revocation of license; refusal to grant or renewlicense
Sec. 7. (a) Under IC 4-21.5-3-6, the director may suspend orrevoke the license of a licensee who has done any of the following:
(1) Acted as a licensee without a license in violation of thisarticle.
(2) Secured a license through error or fraud.
(3) Failed to comply with any of the requirements of sections 1,2, 4, 5, and 6 of this chapter.
(b) Under IC 4-21.5-3-5, the director may refuse to grant, renew,or restore a license to a person who has done any of the following:
(1) Acted as a licensee without a license in violation of thisarticle.
(2) Secured a license through error or fraud. (3) Failed to comply with any of the requirements of sections 1,2, 4, 5, and 6 of this chapter.
As added by P.L.262-1987, SEC.4. Amended by P.L.84-2010,SEC.87.
IC 25-39-4-8
Injunctive proceedings
Sec. 8. (a) The department may initiate injunctive proceedings inthe appropriate court against a person who acts as a licensee withouta license or while the person's license is suspended. The departmentmay not be compelled to give bond in such a cause.
(b) After an action has been filed and notice has been given, allmatters involved in the action shall be held in abeyance until theaction has been tried and determined.
(c) If a defendant continues to violate this article after notice ofthe action has been given but before trial and determination, thedepartment may, upon a verified showing of those acts of thedefendant, obtain a temporary restraining order without notice. Theorder is effective until the cause has been tried and determined.
As added by P.L.262-1987, SEC.4. Amended by P.L.84-2010,SEC.88.
IC 25-39-4-9
Rules
Sec. 9. (a) The commission shall adopt rules under IC 4-22-2 toimplement this article.
(b) The commission may adopt rules under IC 4-22-2 to do thefollowing:
(1) Establish standards for the licensing of dewatering welldrillers.
(2) Regulate the drilling of dewatering wells.
(3) Exempt the drilling of a dewatering well from theapplication of this chapter if the commission determines thatapplication of this chapter is inappropriate.
As added by P.L.262-1987, SEC.4. Amended by P.L.20-1991,SEC.12.
IC 25-39-4-10
Confidentiality of well records
Sec. 10. Upon written application by the owner of a well or thelicensee, the department shall keep the record of a well confidentialfor a period of one (1) year, and that record is not considered to bea public record.
As added by P.L.262-1987, SEC.4. Amended by P.L.84-2010,SEC.89.
IC 25-39-4-11
Application of article
Sec. 11. This article does not apply to wells drilled:
(1) under or incidental to an activity under IC 14-34 or
IC 14-37;
(2) for the sole purpose of supplying water for the secondaryrecovery of petroleum resources; or
(3) for the sole purpose of evaluating the foundationcharacteristics of earth materials to support bridges, roadways,buildings, or other engineered structures.
As added by P.L.262-1987, SEC.4. Amended by P.L.3-1990, SEC.92;P.L.1-1995, SEC.70.