1. (a) This section does not do any of the following:

   1. (1) Relieve a person otherwise legally responsible from an obligation to plug, replug, or repair a test hole.
   2. (2) Limit the authority of the commission to require the proper plugging, replugging, or repair of a test hole.

2. (b) This section and sections 17 through 20 of this chapter are a supplemental remedy if any of the following conditions exist:

   1. (1) A person obligated to plug, replug, or repair a test hole fails to do so.
   2. (2) The identity of the obligated person cannot be determined.

3. (c) If:

   1. (1) after notice and hearing the department finds that a test hole drilled has been abandoned and:

      1. (A) is leaking; or

      2. (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. (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.]

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