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

Affected: IC 14-37

Sec. 9. (a) Notwithstanding sections 6 through 8 of this rule, if an emergency or an urgent condition exists that requires immediate plugging of a well, an owner or operator may commence well plugging operations upon oral communication of the plan for plugging the well and receipt of oral approval from at least one (1) of the following:

1. (1) The division director.
2. (2) The assistant director of field inspections.
3. (3) The assistant director of underground injection and technical services.

(b) For purposes of this section, an emergency condition exists if a well is leaking or discharging oil, gas, or other fluids in quantities that are capable of:

1. (1) causing substantial harm to the environment; or
2. (2) posing an immediate threat to public health or safety.

(c) For purposes of this section, an urgent condition exists if delay in plugging a well is likely to result in a substantial increase in the cost to plug the well due to impending weather or other conditions that are beyond the control of the owner or operator.

(Natural Resources Commission; 312 IAC 29-33-9; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA)