Sec. 19. The fact that a person has initiated or supported a proceeding before the department or has remedied or attempted to remedy the condition of a test hole under this chapter:
(1) is not an admission of liability and may not be received in evidence against the person in an action or a proceeding in which responsibility for or damages from:
(A) surface or subsurface pollution; or
(B) injury to a fresh water, an oil, a gas, or a mineral bearing formation;
is or may become an issue; and
(2) does not release or discharge an action, a cause of action, or a claim against the person in favor of a third person for damages to property resulting from:
(A) surface or subsurface pollution; or
(B) injury to a fresh water, an oil, a gas, or a mineral bearing formation;
to the extent that the action, cause of action, or claim preexisted the initiation or support of the proceeding or the remedying or attempted remedying of the condition of the test hole.
[Pre-1995 Recodification Citation: 13-4-5-10(e).]
As added by P.L.1-1995, SEC.31.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 38. Other Petroleum Regulation
Chapter 2. Test Hole Pollution Control and Waste
14-38-2-1. Applicability of Chapter
14-38-2-2. Public Interest in Preventing Pollution, Impairment, and Waste of Natural Resources
14-38-2-3. "Plug" or "Plugging" Defined
14-38-2-4. "Test Hole" Defined
14-38-2-5. Enforcement by Department
14-38-2-6. Application and Permit Fee
14-38-2-7. Duties of Commission
14-38-2-8. Expiration of Permit
14-38-2-10. Plugging and Abandoning Hole
14-38-2-11. Notice Before Plugging
14-38-2-12. Affidavit of Plugging and Abandoning
14-38-2-13. Actions to Restrain Violations
14-38-2-14. Secretary of State as Agent for Service of Process Upon Nonresident
14-38-2-15. Filing Action Against Nonresident; Service of Process; Affidavit; Continuances
14-38-2-16. Department, Person, or Agency Entering Land to Plug, Replug, or Repair Test Hole
14-38-2-17. Entry Onto Land Without Notice or Hearing
14-38-2-18. Liability of Persons Entering Land to Plug, Replug, or Repair Test Hole
14-38-2-19. Remedying Condition of Test Hole Not Admission of Liability or Discharge of Action
14-38-2-20. Cause of Action for Plugging, Replugging, or Repairing Test Hole