Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 4-21.5; IC 14-37
Sec. 8. (a) The division of reclamation may require modification of a permit for a well for oil and gas purposes for any of the following causes:
- (1) The person controlling the well for oil and gas purposes requests or agrees to a modification.
- (2) There are material and substantial alterations or additions to the permitted facility or activity that occurred after permit issuance justifying the modification of the original permit.
- (3) The department has received information that the cumulative effects on the environment resulting from the permitted well are unacceptable.
- (4) IC 14-37 or this article is changed by amendment or by a change in the law that formed the basis for the approval of the permit application.
- (5) The division director determines good cause exists for the modification of a compliance schedule as a result of events over which the person controlling the well for oil and gas purposes has little or no control and for which no other remedy is practicable.
- (6) Good cause exists for the revocation of a permit under 312 IAC 29-34, but the division director finds that a modification is appropriate to fulfill the purposes of IC 14-37.
(b) A person controlling the well for oil and gas purposes may, before drilling is commenced, file an amended permit application, with the original permit attached, seeking to change a well location. The division of reclamation may issue an amended permit if the modified well placement:
- (1) would be located on the original lease;
- (2) does not affect a person who would have been entitled to notification had the modified location been included in the original permit application, but who was not notified of the original application; and
- (3) does not significantly change how a person entitled to notification would be affected.
(c) The division of reclamation shall issue notice of its decision to approve or deny a permit modification application in accordance with 312 IAC 29-3-5.
(d) The decision to approve or deny a permit modification application is subject to IC 4-21.5.
(Natural Resources Commission; 312 IAC 29-4-8; 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)