312 Ind. Admin. Code 17-2-13

Current through October 31, 2024

Section 312 IAC 17-2-13 - Permit required; issuance; denial; expiration

Authority: IC 14-38-2-7

Affected: IC 4-21.5-3-6; IC 14-38-2

Sec. 13.

(a) No person shall drill any test hole to a depth below two hundred (200) feet without a permit issued by the division under IC 14-38-2 and this rule.

(b) The original or a copy of the permit must be posted by the operator at the test hole site before drilling commences.

(c) A permit shall be issued in the name of the person for whom the application is made.

(d) The division may deny a permit to any person who:

(1) has had a permit revoked in accordance with subsection (f); or

(2) has been issued a notice of violation and has failed to abate the violation within sixty (60) days after the deadline for abatement, unless the person has requested an administrative adjudication of the notice of violation, and a final determination has not been rendered by the commission.

(e) A permit is issued to cover a period of one (1) year from the date of issuance and shall expire at the end of that time.

(f) The department may revoke a permit issued under IC 14-38-2 upon finding that:

(1) the permit was issued through fraud or misrepresentation;

(2) the operator has violated IC 14-38-2 or this rule;

(3) the information or conditions upon which a permit was issued have substantially changed since issuance; or

(4) the operator has been issued a notice of violation under IC 14-38-2 and has failed:

(A) to abate the violation within the prescribed period;

(B) to secure in writing from the division an extension of time in which to abate the violation before the expiration of the period established for abatement; or

(C) to request a proceeding under IC 4-21.5-3-6 within thirty (30) days after service of the notification or within the period provided by the division for abatement, whichever is longer.

312 IAC 17-2-13

Natural Resources Commission; 312 IAC 17-2-13; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2350; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:59 p.m.: 20100421-IR-312100038RFA

Readopted filed 9/30/2015, 12:13 p.m.: 20151028-IR-312150224RFA

Readopted filed 5/19/2021, 4:17 p.m.: 20210616-IR-312210111RFA