IC 14-37-4-1 Permit required for oil and gas activities; coal bed methane
extraction prohibition
Sec. 1. (a) Subject to subsection (b), a person may not drill,
deepen, operate, or convert a well for oil and gas purposes without
a permit issued by the department.
(b) Except as provided in subsection (c) and (d):
(1) the extraction of coal bed methane from a well for oil and
gas purposes on or after the effective date of this subsection and
before July 1, 2012, is prohibited; and
(2) the department may not issue a permit under this chapter for
the extraction of coal bed methane from a well for oil and gas
purposes before July 1, 2012, regardless of whether the
application for the permit was made to the department before
the effective date of this subsection.
(c) Subsection (b) does not apply if the owner of the right to the
coal from which the coal bed methane for which a permit is sought
under this chapter is derived consents in an instrument binding on
that owner to the extraction of the coal bed methane and to the
issuance of the permit.
(d) Subsection (b)(1) does not apply to a coal bed methane well
that is operated under a permit issued by the department. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.2;
P.L.78-2010, SEC.4.
IC 14-37-4-2 Duties of owner or operator
Sec. 2. (a) An owner or operator:
(1) shall comply with the conditions of a permit as determined
by the department;
(2) may not raise as a defense to an enforcement action by the
department that compliance with the conditions of the permit
constitutes an economic hardship;
(3) shall correct adverse environmental impact that results from
noncompliance with a permit; and
(4) shall provide proper operation and maintenance for
facilities, systems of treatment, and control and related
appurtenances that are installed or used by the owner or
operator to comply with the permit conditions.
(b) Proper operation and maintenance under subsection (a)(4)
includes effective performance, adequate funding, adequate operator
staffing and training, and adequate laboratory and process controls,
including appropriate quality assurance procedures. Subsection (a)(4)
requires the operation of backup or auxiliary facilities or similar
systems only if necessary to comply with permit conditions. As added by P.L.1-1995, SEC.30. IC 14-37-4-3 Permit not property right or exclusive privilege
Sec. 3. A permit does not convey to the owner or operator a
property right or an exclusive privilege. As added by P.L.1-1995, SEC.30.
IC 14-37-4-4 Permit form
Sec. 4. A person must apply for a permit under this chapter on a
form prescribed by the commission. As added by P.L.1-1995, SEC.30.
IC 14-37-4-5 Document accompanying permit application
Sec. 5. An application for a permit must include the following:
(1) A plat of the land or lease upon which the well is to be
located, together with all property and lease lines and the
acreage within the tract.
(2) The location of the proposed well as certified by a land
surveyor registered under IC 25-21.5.
(3) The surface elevation of the proposed well and the method
used for determining that elevation.
(4) The depth of the proposed well.
(5) The number and location of all other dry, abandoned, or
producing wells located within one-fourth (1/4) mile of the
proposed well.
(6) The distance from the proposed well to the three (3) nearest
boundary lines of the tract.
(7) With respect to an application to drill within a city or town,
a certified copy of the official consent by ordinance of the
municipal legislative body.
(8) Other information determined by the commission that is
necessary to administer this article. As added by P.L.1-1995, SEC.30.
IC 14-37-4-6 Bond and permit fee; expedited review
Sec. 6. (a) A person must submit the following with an application
for a permit:
(1) A bond under IC 14-37-6.
(2) A permit fee of two hundred fifty dollars ($250) payable to
the department. However, a person may apply for an expedited
review of the application for a permit, except for a Class II or
noncommercial well, by submitting a permit fee of seven
hundred fifty dollars ($750).
(b) Permit fees collected under this section must be deposited in
the oil and gas fund established by IC 6-8-1-27. As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.1;
P.L.186-2003, SEC.77. IC 14-37-4-7 Operator's signature on permit
Sec. 7. An application must be signed by:
(1) the person; or
(2) an authorized agent of the person;
who is the operator named in the proposed permit. As added by P.L.1-1995, SEC.30.
IC 14-37-4-8 Permit issuance upon compliance with article and rules
Sec. 8. Except as provided in section 9 of this chapter, if an
applicant for a permit complies with:
(1) this article; and
(2) the rules adopted under this article;
the commission shall issue a permit. As added by P.L.1-1995, SEC.30.
IC 14-37-4-9 Denial of permit
Sec. 9. The department may refuse to issue a permit if an
applicant or an officer, a partner, or a director of the applicant:
(1) is in violation of this article or would be in violation if the
permit were issued; or
(2) controls or has controlled a well for oil and gas purposes
and has demonstrated a pattern of willful violations of:
(A) this article; or
(B) IC 13-8 (before its repeal);
that have resulted in substantial damage to the environment
indicating an intention not to comply with this article or IC 13-8
(before its repeal). As added by P.L.1-1995, SEC.30.
IC 14-37-4-10 Permit continuance for non-Class II wells
Sec. 10. A permit for a well for oil and gas purposes, other than
a permit for a Class II well, continues until:
(1) the well is plugged and abandoned;
(2) the well is converted to another type of well for oil and gas
purposes; or
(3) the permit is revoked. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.3.
IC 14-37-4-11 Expiration of permit
Sec. 11. A permit for a well for oil and gas purposes expires one
(1) year from the date of issuance unless the drilling of the well has
commenced. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.4.
IC 14-37-4-12 Permit continuance for Class II wells
Sec. 12. A permit for a Class II well continues until the well is
plugged and abandoned, unless the permit is revoked, expired, or
otherwise terminated. As added by P.L.1-1995, SEC.30.
IC 14-37-4-13 Emergency permits
Sec. 13. (a) The director may issue an emergency permit for a
well for oil and gas purposes if an imminent and substantial danger
to the health of persons will result unless an emergency permit is
granted. An emergency permit under this subsection is effective no
longer than necessary to remove the danger.
(b) If a substantial and irretrievable loss of oil or natural gas
resources will occur unless an emergency permit is granted, the
director may issue an emergency permit for a well for oil and gas
purposes if the following conditions exist:
(1) Timely application for a permit could not practicably have
been made.
(2) Issuance of the permit does not violate a term of primary
enforcement authority for Class II wells.
(c) An emergency permit under subsection (b) is effective not
longer than ninety (90) days from issuance. However, if a permit
application is submitted before expiration of the ninety (90) day
period, the director may, subject to IC 4-21.5, extend the emergency
permit until final agency action on the application.
(d) The director may issue an emergency permit for a well for oil
and gas purposes if:
(1) a substantial delay in the production of oil or natural gas
resources will occur unless an emergency permit is issued for
a new injection well; and
(2) the permit will not violate a term of primary enforcement
authority for Class II wells.
An emergency permit under this subsection may be issued only after
a completed permit application has been submitted and is effective
only until a final determination is made by the department on that
application. As added by P.L.1-1995, SEC.30.
IC 14-37-4-14 Transfer permits
Sec. 14. To transfer the ownership of a permit for a well for oil or
gas purposes, a person must submit the following:
(1) A transfer fee of fifteen dollars ($15) payable to the
department for each well. However, if an applicant submits
more than fifty (50) applications simultaneously, the transfer
fee for each application in excess of fifty (50) is ten dollars
($10).
(2) The name and mailing address of the seller and buyer on a
form prescribed by the commission.
As added by P.L.186-2003, SEC.78.
IC 14-37-4-1 Permit required for oil and gas activities; coal bed methane
extraction prohibition
Sec. 1. (a) Subject to subsection (b), a person may not drill,
deepen, operate, or convert a well for oil and gas purposes without
a permit issued by the department.
(b) Except as provided in subsection (c) and (d):
(1) the extraction of coal bed methane from a well for oil and
gas purposes on or after the effective date of this subsection and
before July 1, 2012, is prohibited; and
(2) the department may not issue a permit under this chapter for
the extraction of coal bed methane from a well for oil and gas
purposes before July 1, 2012, regardless of whether the
application for the permit was made to the department before
the effective date of this subsection.
(c) Subsection (b) does not apply if the owner of the right to the
coal from which the coal bed methane for which a permit is sought
under this chapter is derived consents in an instrument binding on
that owner to the extraction of the coal bed methane and to the
issuance of the permit.
(d) Subsection (b)(1) does not apply to a coal bed methane well
that is operated under a permit issued by the department. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.2;
P.L.78-2010, SEC.4.
IC 14-37-4-2 Duties of owner or operator
Sec. 2. (a) An owner or operator:
(1) shall comply with the conditions of a permit as determined
by the department;
(2) may not raise as a defense to an enforcement action by the
department that compliance with the conditions of the permit
constitutes an economic hardship;
(3) shall correct adverse environmental impact that results from
noncompliance with a permit; and
(4) shall provide proper operation and maintenance for
facilities, systems of treatment, and control and related
appurtenances that are installed or used by the owner or
operator to comply with the permit conditions.
(b) Proper operation and maintenance under subsection (a)(4)
includes effective performance, adequate funding, adequate operator
staffing and training, and adequate laboratory and process controls,
including appropriate quality assurance procedures. Subsection (a)(4)
requires the operation of backup or auxiliary facilities or similar
systems only if necessary to comply with permit conditions. As added by P.L.1-1995, SEC.30. IC 14-37-4-3 Permit not property right or exclusive privilege
Sec. 3. A permit does not convey to the owner or operator a
property right or an exclusive privilege. As added by P.L.1-1995, SEC.30.
IC 14-37-4-4 Permit form
Sec. 4. A person must apply for a permit under this chapter on a
form prescribed by the commission. As added by P.L.1-1995, SEC.30.
IC 14-37-4-5 Document accompanying permit application
Sec. 5. An application for a permit must include the following:
(1) A plat of the land or lease upon which the well is to be
located, together with all property and lease lines and the
acreage within the tract.
(2) The location of the proposed well as certified by a land
surveyor registered under IC 25-21.5.
(3) The surface elevation of the proposed well and the method
used for determining that elevation.
(4) The depth of the proposed well.
(5) The number and location of all other dry, abandoned, or
producing wells located within one-fourth (1/4) mile of the
proposed well.
(6) The distance from the proposed well to the three (3) nearest
boundary lines of the tract.
(7) With respect to an application to drill within a city or town,
a certified copy of the official consent by ordinance of the
municipal legislative body.
(8) Other information determined by the commission that is
necessary to administer this article. As added by P.L.1-1995, SEC.30.
IC 14-37-4-6 Bond and permit fee; expedited review
Sec. 6. (a) A person must submit the following with an application
for a permit:
(1) A bond under IC 14-37-6.
(2) A permit fee of two hundred fifty dollars ($250) payable to
the department. However, a person may apply for an expedited
review of the application for a permit, except for a Class II or
noncommercial well, by submitting a permit fee of seven
hundred fifty dollars ($750).
(b) Permit fees collected under this section must be deposited in
the oil and gas fund established by IC 6-8-1-27. As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.1;
P.L.186-2003, SEC.77. IC 14-37-4-7 Operator's signature on permit
Sec. 7. An application must be signed by:
(1) the person; or
(2) an authorized agent of the person;
who is the operator named in the proposed permit. As added by P.L.1-1995, SEC.30.
IC 14-37-4-8 Permit issuance upon compliance with article and rules
Sec. 8. Except as provided in section 9 of this chapter, if an
applicant for a permit complies with:
(1) this article; and
(2) the rules adopted under this article;
the commission shall issue a permit. As added by P.L.1-1995, SEC.30.
IC 14-37-4-9 Denial of permit
Sec. 9. The department may refuse to issue a permit if an
applicant or an officer, a partner, or a director of the applicant:
(1) is in violation of this article or would be in violation if the
permit were issued; or
(2) controls or has controlled a well for oil and gas purposes
and has demonstrated a pattern of willful violations of:
(A) this article; or
(B) IC 13-8 (before its repeal);
that have resulted in substantial damage to the environment
indicating an intention not to comply with this article or IC 13-8
(before its repeal). As added by P.L.1-1995, SEC.30.
IC 14-37-4-10 Permit continuance for non-Class II wells
Sec. 10. A permit for a well for oil and gas purposes, other than
a permit for a Class II well, continues until:
(1) the well is plugged and abandoned;
(2) the well is converted to another type of well for oil and gas
purposes; or
(3) the permit is revoked. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.3.
IC 14-37-4-11 Expiration of permit
Sec. 11. A permit for a well for oil and gas purposes expires one
(1) year from the date of issuance unless the drilling of the well has
commenced. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.4.
IC 14-37-4-12 Permit continuance for Class II wells
Sec. 12. A permit for a Class II well continues until the well is
plugged and abandoned, unless the permit is revoked, expired, or
otherwise terminated. As added by P.L.1-1995, SEC.30.
IC 14-37-4-13 Emergency permits
Sec. 13. (a) The director may issue an emergency permit for a
well for oil and gas purposes if an imminent and substantial danger
to the health of persons will result unless an emergency permit is
granted. An emergency permit under this subsection is effective no
longer than necessary to remove the danger.
(b) If a substantial and irretrievable loss of oil or natural gas
resources will occur unless an emergency permit is granted, the
director may issue an emergency permit for a well for oil and gas
purposes if the following conditions exist:
(1) Timely application for a permit could not practicably have
been made.
(2) Issuance of the permit does not violate a term of primary
enforcement authority for Class II wells.
(c) An emergency permit under subsection (b) is effective not
longer than ninety (90) days from issuance. However, if a permit
application is submitted before expiration of the ninety (90) day
period, the director may, subject to IC 4-21.5, extend the emergency
permit until final agency action on the application.
(d) The director may issue an emergency permit for a well for oil
and gas purposes if:
(1) a substantial delay in the production of oil or natural gas
resources will occur unless an emergency permit is issued for
a new injection well; and
(2) the permit will not violate a term of primary enforcement
authority for Class II wells.
An emergency permit under this subsection may be issued only after
a completed permit application has been submitted and is effective
only until a final determination is made by the department on that
application. As added by P.L.1-1995, SEC.30.
IC 14-37-4-14 Transfer permits
Sec. 14. To transfer the ownership of a permit for a well for oil or
gas purposes, a person must submit the following:
(1) A transfer fee of fifteen dollars ($15) payable to the
department for each well. However, if an applicant submits
more than fifty (50) applications simultaneously, the transfer
fee for each application in excess of fifty (50) is ten dollars
($10).
(2) The name and mailing address of the seller and buyer on a
form prescribed by the commission.
As added by P.L.186-2003, SEC.78.
IC 14-37-4-1 Permit required for oil and gas activities; coal bed methane
extraction prohibition
Sec. 1. (a) Subject to subsection (b), a person may not drill,
deepen, operate, or convert a well for oil and gas purposes without
a permit issued by the department.
(b) Except as provided in subsection (c) and (d):
(1) the extraction of coal bed methane from a well for oil and
gas purposes on or after the effective date of this subsection and
before July 1, 2012, is prohibited; and
(2) the department may not issue a permit under this chapter for
the extraction of coal bed methane from a well for oil and gas
purposes before July 1, 2012, regardless of whether the
application for the permit was made to the department before
the effective date of this subsection.
(c) Subsection (b) does not apply if the owner of the right to the
coal from which the coal bed methane for which a permit is sought
under this chapter is derived consents in an instrument binding on
that owner to the extraction of the coal bed methane and to the
issuance of the permit.
(d) Subsection (b)(1) does not apply to a coal bed methane well
that is operated under a permit issued by the department. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.2;
P.L.78-2010, SEC.4.
IC 14-37-4-2 Duties of owner or operator
Sec. 2. (a) An owner or operator:
(1) shall comply with the conditions of a permit as determined
by the department;
(2) may not raise as a defense to an enforcement action by the
department that compliance with the conditions of the permit
constitutes an economic hardship;
(3) shall correct adverse environmental impact that results from
noncompliance with a permit; and
(4) shall provide proper operation and maintenance for
facilities, systems of treatment, and control and related
appurtenances that are installed or used by the owner or
operator to comply with the permit conditions.
(b) Proper operation and maintenance under subsection (a)(4)
includes effective performance, adequate funding, adequate operator
staffing and training, and adequate laboratory and process controls,
including appropriate quality assurance procedures. Subsection (a)(4)
requires the operation of backup or auxiliary facilities or similar
systems only if necessary to comply with permit conditions. As added by P.L.1-1995, SEC.30. IC 14-37-4-3 Permit not property right or exclusive privilege
Sec. 3. A permit does not convey to the owner or operator a
property right or an exclusive privilege. As added by P.L.1-1995, SEC.30.
IC 14-37-4-4 Permit form
Sec. 4. A person must apply for a permit under this chapter on a
form prescribed by the commission. As added by P.L.1-1995, SEC.30.
IC 14-37-4-5 Document accompanying permit application
Sec. 5. An application for a permit must include the following:
(1) A plat of the land or lease upon which the well is to be
located, together with all property and lease lines and the
acreage within the tract.
(2) The location of the proposed well as certified by a land
surveyor registered under IC 25-21.5.
(3) The surface elevation of the proposed well and the method
used for determining that elevation.
(4) The depth of the proposed well.
(5) The number and location of all other dry, abandoned, or
producing wells located within one-fourth (1/4) mile of the
proposed well.
(6) The distance from the proposed well to the three (3) nearest
boundary lines of the tract.
(7) With respect to an application to drill within a city or town,
a certified copy of the official consent by ordinance of the
municipal legislative body.
(8) Other information determined by the commission that is
necessary to administer this article. As added by P.L.1-1995, SEC.30.
IC 14-37-4-6 Bond and permit fee; expedited review
Sec. 6. (a) A person must submit the following with an application
for a permit:
(1) A bond under IC 14-37-6.
(2) A permit fee of two hundred fifty dollars ($250) payable to
the department. However, a person may apply for an expedited
review of the application for a permit, except for a Class II or
noncommercial well, by submitting a permit fee of seven
hundred fifty dollars ($750).
(b) Permit fees collected under this section must be deposited in
the oil and gas fund established by IC 6-8-1-27. As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.1;
P.L.186-2003, SEC.77. IC 14-37-4-7 Operator's signature on permit
Sec. 7. An application must be signed by:
(1) the person; or
(2) an authorized agent of the person;
who is the operator named in the proposed permit. As added by P.L.1-1995, SEC.30.
IC 14-37-4-8 Permit issuance upon compliance with article and rules
Sec. 8. Except as provided in section 9 of this chapter, if an
applicant for a permit complies with:
(1) this article; and
(2) the rules adopted under this article;
the commission shall issue a permit. As added by P.L.1-1995, SEC.30.
IC 14-37-4-9 Denial of permit
Sec. 9. The department may refuse to issue a permit if an
applicant or an officer, a partner, or a director of the applicant:
(1) is in violation of this article or would be in violation if the
permit were issued; or
(2) controls or has controlled a well for oil and gas purposes
and has demonstrated a pattern of willful violations of:
(A) this article; or
(B) IC 13-8 (before its repeal);
that have resulted in substantial damage to the environment
indicating an intention not to comply with this article or IC 13-8
(before its repeal). As added by P.L.1-1995, SEC.30.
IC 14-37-4-10 Permit continuance for non-Class II wells
Sec. 10. A permit for a well for oil and gas purposes, other than
a permit for a Class II well, continues until:
(1) the well is plugged and abandoned;
(2) the well is converted to another type of well for oil and gas
purposes; or
(3) the permit is revoked. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.3.
IC 14-37-4-11 Expiration of permit
Sec. 11. A permit for a well for oil and gas purposes expires one
(1) year from the date of issuance unless the drilling of the well has
commenced. As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.4.
IC 14-37-4-12 Permit continuance for Class II wells
Sec. 12. A permit for a Class II well continues until the well is
plugged and abandoned, unless the permit is revoked, expired, or
otherwise terminated. As added by P.L.1-1995, SEC.30.
IC 14-37-4-13 Emergency permits
Sec. 13. (a) The director may issue an emergency permit for a
well for oil and gas purposes if an imminent and substantial danger
to the health of persons will result unless an emergency permit is
granted. An emergency permit under this subsection is effective no
longer than necessary to remove the danger.
(b) If a substantial and irretrievable loss of oil or natural gas
resources will occur unless an emergency permit is granted, the
director may issue an emergency permit for a well for oil and gas
purposes if the following conditions exist:
(1) Timely application for a permit could not practicably have
been made.
(2) Issuance of the permit does not violate a term of primary
enforcement authority for Class II wells.
(c) An emergency permit under subsection (b) is effective not
longer than ninety (90) days from issuance. However, if a permit
application is submitted before expiration of the ninety (90) day
period, the director may, subject to IC 4-21.5, extend the emergency
permit until final agency action on the application.
(d) The director may issue an emergency permit for a well for oil
and gas purposes if:
(1) a substantial delay in the production of oil or natural gas
resources will occur unless an emergency permit is issued for
a new injection well; and
(2) the permit will not violate a term of primary enforcement
authority for Class II wells.
An emergency permit under this subsection may be issued only after
a completed permit application has been submitted and is effective
only until a final determination is made by the department on that
application. As added by P.L.1-1995, SEC.30.
IC 14-37-4-14 Transfer permits
Sec. 14. To transfer the ownership of a permit for a well for oil or
gas purposes, a person must submit the following:
(1) A transfer fee of fifteen dollars ($15) payable to the
department for each well. However, if an applicant submits
more than fifty (50) applications simultaneously, the transfer
fee for each application in excess of fifty (50) is ten dollars
($10).
(2) The name and mailing address of the seller and buyer on a
form prescribed by the commission.
As added by P.L.186-2003, SEC.78.
