Section 312IAC16-3-4. Permit modification; amendment

   (a) The department may, subject to IC 4-21.5, require modification of a permit for a well for oil and gas purposes for any of the following causes:

(1) The owner or operator 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 application of permit conditions that are different or absent in the original permit.

(3) The department has received information that the cumulative effects on the environment resulting from the permitted well are unacceptable.

(4) The statutes or rules upon which the permit was based have changed by amendment or by a reported judicial decision.

(5) The director determines good cause exists for the modification of a compliance schedule as a result of events over which the owner or operator has little or no control and for which no other remedy is practicable.

(6) The department determines good cause exists for the revocation of a permit under section 9 of this rule, but, upon a recommendation by the division director, finds that a modification is appropriate to effectuation of the purposes of IC 14-37.

  (b) An owner or operator may, before drilling is commenced, file an amended permit application, with the original permit attached, seeking to change a well location. The division 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.

(Natural Resources Commission; 312 IAC 16-3-4; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2334; 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)