Sec. 20. (a) A person who did not have an obligation to plug, replug, or repair a test hole, but who does so under this chapter, has the following:
(1) A cause of action against the person who was obligated by law to properly plug, replug, or repair the test hole for the reasonable cost and expense incurred in plugging, replugging, or repairing the test hole.
(2) A lien enforceable upon the interest of the obligated person in and to the equipment located on the test hole to the extent of the reasonable cost and expense.
(b) This section does not assign or impute any liability or obligation upon the owner of the land upon which the test hole is located, except if the owner is the person who was granted a permit to drill the test hole.
[Pre-1995 Recodification Citation: 13-4-5-10(f).]
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