312 Ind. Admin. Code 29-4-8

Current through May 29, 2024

Section 312 IAC 29-4-8 - Permit modification; amendment

Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 4-21.5; IC 14-37

Sec. 8.

(a) The division may require modification of a permit for a well for oil and gas purposes for any of the following causes:

(1) The person controlling the well for oil and gas purposes requests or agrees to a modification.

(2) There are material and substantial alterations or additions to the permitted facility or activity that occurred after permit issuance justifying the modification of the original permit.

(3) The department has received information that the cumulative effects on the environment resulting from the permitted well are unacceptable.

(4) IC 14-37 or this article is changed by amendment or by a change in the law that formed the basis for the approval of the permit application.

(5) The division director determines good cause exists for the modification of a compliance schedule as a result of events over which the person controlling the well for oil and gas purposes has little or no control and for which no other remedy is practicable.

(6) Good cause exists for the revocation of a permit under 312 IAC 29-34, but the division director finds that a modification is appropriate to fulfill the purposes of IC 14-37.

(b) A person controlling the well for oil and gas purposes may, before drilling is commenced, file an amended permit application, with the original permit attached, seeking to change a well location. The division may issue an amended permit if the modified well placement:

(1) would be located on the original lease;

(2) does not affect a person who would have been entitled to notification had the modified location been included in the original permit application, but who was not notified of the original application; and

(3) does not significantly change how a person entitled to notification would be affected.

(c) The division shall issue notice of its decision to approve or deny a permit modification application in accordance with 312 IAC 29-3-5.

(d) The decision to approve or deny a permit modification application is subject to IC 4-21.5.

312 IAC 29-4-8

Natural Resources Commission; 312 IAC 29-4-8; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA

Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA