Section 312IAC16-4-5. Bond release

   (a) The division shall release a bond submitted pursuant to this rule after:

(1) each well secured by the bond has been plugged and abandoned and the well site restored under IC 14-37, this article, the terms of the permit, and orders of the department;

(2) each well secured by the bond has been converted under 312 IAC 16-5-19(e) to a fresh water well;

(3) a substitute bond is filed by the owner or operator and accepted by the department;

(4) each well secured by the bond is transferred under 312 IAC 16-3-8; or

(5) the owner or operator is not required to post a bond under IC 14-37-6-1(a) due to not having:

(A) demonstrated a pattern of violation within the previous two (2) years;

(B) failed to pay a civil penalty imposed under IC 14-37-13; or

(C) failed to pay an annual fee required under IC 14-37-5.

  (b) The department may execute a partial release for a bond issued to secure more than one (1) permit where an individual well is abandoned or converted to a fresh water well. A partial release under this subsection shall not relieve a surety from responsibility with respect to a well other than the individual well identified in the partial release. (Natural Resources Commission; 312 IAC 16-4-5; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2337; filed Jan 16, 2003, 10:52 a.m.: 26 IR 1899; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:57 p.m.: 20100421-IR-312100033RFA; readopted filed Sep 30, 2015, 12:13 p.m.: 20151028-IR-312150224RFA)