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

Affected: IC 4-21.5; IC 14-37

Sec. 7. (a) Except as provided in subsection (b), if an applicant for a permit complies with IC 14-37 and this article, the division of reclamation shall issue a permit.

(b) The division of reclamation may deny a permit application if the applicant or if a person owning or controlling the applicant:

1. (1) has been issued a notice of violation and failed to abate the violation within sixty (60) days after the deadline for abatement, unless the person has requested an administrative adjudication of the notice of violation, and a final determination has not been rendered by the commission;
2. (2) controls or has controlled any well for oil and gas purposes and has demonstrated a pattern of violations of IC 14-37 or this article that have resulted in damage to the environment; or
3. (3) has had a permit revoked under IC 14-37.

(c) For a permit application that does not meet the requirements of IC 14-37 and this article the division of reclamation will issue a notice of incomplete application allowing the applicant thirty (30) days to correct the deficiencies. Failure to correct the deficiencies will result in the division of reclamation's denial of the application.

(d) The division of reclamation shall issue notice of its decision to approve or deny a permit application in accordance with 312 IAC 29-3-5.

(e) The decision to approve or deny a permit application for a well for oil and gas purposes is subject to IC 4-21.5.

(f) The division of reclamation shall publish a list of permit decisions on its website no less frequently than once per week including instructions for obtaining copies of the well permit application.

(Natural Resources Commission; 312 IAC 29-4-7; 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)