Indiana Code 14-38-2-16. Department, person, or agency entering land to plug, replug, or repair test hole
(1) Relieve a person otherwise legally responsible from an obligation to plug, replug, or repair a test hole.
Terms Used In Indiana Code 14-38-2-16
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- plugging: means the stopping of the flow or migration of oil, gas, water, or other fluid or material up or down a test hole. See Indiana Code 14-38-2-3
- test hole: means an exploratory hole, except for coal exploration, drilled for the purpose of obtaining information and data on the character, composition, sequence, thickness, age, and correlation of underground strata and formations for at least one (1) of the following and no other purposes:
Indiana Code 14-38-2-4
(b) This section and sections 17 through 20 of this chapter are a supplemental remedy if any of the following conditions exist:
(1) A person obligated to plug, replug, or repair a test hole fails to do so.
(2) The identity of the obligated person cannot be determined.
(c) If:
(1) after notice and hearing the department finds that a test hole drilled has been abandoned and:
(A) is leaking; or
(B) may result in the leaking of;
fluid into a fresh water formation or onto the surface of the land in the vicinity of the test hole; and
(2) after thirty (30) days from the date of the finding by the department the test hole has not been properly plugged, replugged, or repaired to remedy the situation;
the department or a person or an agency authorized by order of the department may enter upon the land upon which the test hole is located and plug, replug, or repair the test hole as is reasonably required to remedy the condition.
[Pre-1995 Recodification Citation: 13-4-5-10(a), (b) part.]
As added by P.L.1-1995, SEC.31.