Section 312 IAC 29-34-5 - Permit revocation procedureAuthority: IC 14-10-2-4; IC 14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 5.
(a) The division director may initiate a proceeding under IC 4-21.5and IC 14-37 to revoke a permit for a well for oil and gas purposes upon a finding that the: (1) permit was issued through fraud or misrepresentation;(2) information or conditions upon which a permit was issued have substantially changed since issuance;(3) owner or operator has failed to maintain bond on a permit as specified in 312 IAC 29-12-6;(4) owner or operator has violated IC 14-37 or this article;(5) owner or operator of a well for oil and gas purposes is polluting the waters or land in Indiana; or(6) owner or operator has been issued a notice of violation under section 3 of this rule and has failed to do at least one (1) of the following: (A) Abate the violation within the prescribed period.(B) Secure in writing an extension of time in which to abate the violation before the expiration of the period established for abatement.(C) Request a proceeding under IC 4-21.5-3-6 within: (i) thirty (30) days after receipt of the notice of violation; or(ii) the period provided by the division for abatement; whichever is longer.
(b) In addition to the grounds for permit revocation set forth under subsection (a), a permit for a Class II well may be revoked, modified, or reissued under IC 4-21.5-3-5 where there is: (1) a substantial change of conditions in the operation of the Class II well;(2) a substantial change in the information upon which the permit was issued; or(3) reasonable cause to believe that the permitted operation may result in the movement of fluids into an underground source of drinking water other than an exempted aquifer.Natural Resources Commission; 312 IAC 29-34-5; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRAReadopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA