§ 14-37-7-4 — Well owner's or operator's duties regarding coal mines

(a) If a vertical or vertical part of a horizontal
well is drilled and completed as a producing well:
(1) through a commercially minable coal resource; and
(2) within an area permitted under IC 14-34 or for which an
affidavit and map has been filed under section 8 of this chapter;
an owner or operator shall set a production string of casing properly
centralized and cemented to ensure that adequate cement is placed
behind the casing in the area between fifty (50) feet below and one
hundred (100) feet above the commercially minable coal seam.
(b) On completion of the coal seam protection requirements of
subsection (a), the owner or operator shall prepare and submit to the
director an affidavit on a form provided by the division that includes
the following:
(1) Verification that the commercially minable coal resource was
protected as required by subsection (a).
(2) A cross-section drawing of the well showing the location of
each centralizer in the completed well.
(3) Evidence that adequate cement was circulated behind the
casing as required by subsection (a).
(c) The director may require the owner or operator to run a cement
bond-variable density log or other similar logging procedure to
determine the adequacy of cement bonding if the director believes
either or both of the following:
(1) That adequate cement has not been circulated to protect the
commercially minable coal resource.
(2) That centralizers were not placed at locations necessary to
properly centralize the casing through the coal seam.
(d) If the logging procedure under subsection (c) indicates that
adequate cement bonding has not occurred between fifty (50) feet
below and one hundred (100) feet above the commercially minable
coal resource, the owner or operator shall perform remedial action, as
ordered by the director, that results in adequate bonding.
(e) The owner or operator shall:
(1) submit:
(A) to the division the original affidavit required by subsection
(b) and a copy of any logs required by subsection (c); and
(B) to the owner or operator of the commercially minable coal
resource, if known, a copy of the affidavit required by
subsection (b) and of any logs required by subsection (c); and
(2) complete the submission under subdivision (1) not later than
thirty (30) days after the later of the following:
(A) The date of completion of the well.
(B) The date of completion of any logging procedure under
subsection (c).
(f) If the director finds that coal seam protection measures taken by
an owner or operator did not adequately protect the coal seam during
coal mining operations in close proximity to a well that has not been
plugged under IC 14-37-8-2 for which an affidavit is submitted under
subsection (b), the owner or operator shall perform additional remedial
action to ensure protection of the coal resource and the health and
safety of miners. Significant water, gas, or other fluid movement into
the underground mine that is transmitted through the annular space
outside the protective casing string is evidence of a failure to
adequately protect the coal seam.
(g) Preparation of the log and any remedial action required under
this section are at the expense of the owner or operator.
[Pre-1995 Recodification Citation: 13-8-9-4.]

Legislative History

As added by P.L.1-1995, SEC.30. Amended by P.L.140-2011, SEC.9.