§ 14-38-2-16 — Department, person, or agency entering land to plug, replug, or repair test hole

(a) This section does not do any of the
following:
(1) Relieve a person otherwise legally responsible from an
obligation to plug, replug, or repair a test hole.
(2) Limit the authority of the commission to require the proper
plugging, replugging, or repair of a test hole.
(b) This section and sections 17 through 20 of this chapter are a
supplemental remedy if any of the following conditions exist:
(1) A person obligated to plug, replug, or repair a test hole fails to
do so.
(2) The identity of the obligated person cannot be determined.
(c) If:
(1) after notice and hearing the department finds that a test hole
drilled has been abandoned and:
(A) is leaking; or
(B) may result in the leaking of;
fluid into a fresh water formation or onto the surface of the land
in the vicinity of the test hole; and
(2) after thirty (30) days from the date of the finding by the
department the test hole has not been properly plugged,
replugged, or repaired to remedy the situation;
the department or a person or an agency authorized by order of the
department may enter upon the land upon which the test hole is located
and plug, replug, or repair the test hole as is reasonably required to
remedy the condition.
[Pre-1995 Recodification Citation: 13-4-5-10(a), (b)
part.]

Legislative History

As added by P.L.1-1995, SEC.31.