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

Affected: IC 14-37

Sec. 16. (a) Abandonment of concrete production fluid storage structures shall be conducted according to the requirements of this section.

(b) Prior to abandonment, oil and gas waste materials shall be removed from the structure and disposed in accordance with 312 IAC 29-31-2.

(c) Prior to removal of any of the concrete structure, the owner or operator shall notify the oil and gas inspector at least forty-eight (48) hours in advance of the scheduled demolition operations. The oil and gas inspector shall inspect the structure before any backfilling operations commence.

(d) If the bottom of the concrete structure is equal to or less than three (3) feet below the ground surface, the entire structure shall be demolished and removed.

(e) If the bottom of the concrete structure is greater than three (3) feet below the ground surface:

1. (1) the concrete sides of the structure and any other portions of the structure that are within three (3) feet of the ground surface shall be demolished down to a depth of at least three (3) feet below the ground surface;
2. (2) the bottom of the concrete structure shall be perforated at sufficient intervals to prevent the accumulation of water following backfilling and grading operations; and
3. (3) the concrete rubble removed under this subsection may be buried within the remainder of the concrete structure provided all concrete rubble is buried at least three (3) feet below the ground surface.

(f) Except as provided in subsection (e)(3), concrete rubble removed from the structure shall be managed or disposed of by any of the following methods:

1. (1) Burial at any location provided written authorization is obtained from the landowner and the materials are buried at least three (3) feet below the ground surface.
2. (2) Use as fill material or other beneficial use at any location provided written authorization is obtained from the owner of the site and the landowner acknowledges receipt of the concrete rubble for use as fill material or other beneficial use.
3. (3) Crushed and recycled for reuse as aggregate in new concrete construction.
4. (4) Disposal at a solid waste landfill or other waste management facility permitted by the Indiana department of environmental management and that is authorized to accept this type of waste.

(g) Contaminated soil encountered during demolition operations shall be removed and managed according to the requirements of section 4 or 5 of this rule.

(h) The owner or operator may be required by the division of reclamation to conduct further investigations or to perform additional remedial operations to correct adverse environmental impacts that may have resulted from the operation of a concrete production fluid storage structure.

(i) After removal of the concrete rubble and contaminated soil under this section, the excavation shall be backfilled with native soil materials sufficient to ensure that the site is stable and will allow for settling with the surface restored as close as possible to the original land contour. Nothing in this subsection shall prevent the construction of a pond or other impoundment on the site of the former concrete structure if the pond or impoundment is authorized by the landowner and the structure has in all other aspects been abandoned under the requirements of this section.

(j) Upon conclusion of abandonment operations, the owner or operator shall submit a report of structure abandonment to the division of reclamation. The report shall be on a form prescribed by the division of reclamation that shall include details of the procedures used to close the structure in accordance with the requirements of this section.

(Natural Resources Commission; 312 IAC 29-25-16; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)