Section 312 IAC 29-5-2 - Notification to potentially affected partiesAuthority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-34; IC 14-37
Sec. 2.
(a) An applicant for a Class II well must serve a written notification describing the proposed well personally or by certified mail to each of the following persons if the described property is located within one-fourth (1/4) mile of the proposed Class II well:(1) Each person who controls:(A) a well for oil and gas purposes, including a well having temporary abandonment status under 312 IAC 29-33;(B) a well for oil and gas purposes that is not yet in production; and(C) an unexpired permit to drill a well for oil and gas purposes.(2) The permittee of an underground mine permitted under IC 14-34.(3) A person who files a map under 312 IAC 29-17-1(c) showing the location of commercially minable coal resources.(4) Each person who controls an underground gas storage or underground petroleum storage reservoir identified under 312 IAC 29-18-1.(5) Each person having a surface or subsurface property interest.(b) The notification required under subsection (a) shall specify that a person may, within fifteen (15) days of receipt of the notification, submit written comments or request an informal hearing before the division under 312 IAC 29-3-4. The notification shall include the address to which written comments or the hearing request must be forwarded and where additional information may be obtained including instructions for obtaining a copy of the application.(c) In addition to the notification required under subsection (a), the applicant shall cause a notice of a permit application to be placed in a newspaper of general circulation in the county where the proposed well is located. The notice must include the following: (1) The name and address of the applicant.(2) The location of the proposed well.(3) The lease name and well number of the proposed well.(4) The geological name and depth intervals of the injection zones.(5) The proposed maximum injection pressure.(6) The proposed maximum rate of barrels each day. The notice shall specify that a person may, within fifteen (15) days of publication of the notification, submit written comments or request an informal hearing before the division under 312 IAC 29-3-4. The notification shall include the address to which the written comments or hearing requests must be forwarded, how a person may receive written notice of the proceedings, and how additional information concerning the proposed permit can be obtained.
(d) Evidence of each notice served under subsection (a) and evidence of publication of the notice under subsection (c) must be included as part of the application. Natural Resources Commission; 312 IAC 29-5-2; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRAReadopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA