Section 312IAC16-3-9. Permit revocation

   (a) The department may revoke a permit issued under IC 14-37 upon a finding that:

(1) the permit was issued through fraud or misrepresentation;

(2) the owner or operator has violated IC 14-37 or this article;

(3) the information or conditions upon which a permit was issued have substantially changed since issuance;

(4) the owner or operator of a well for oil and gas purposes is polluting the waters or land in Indiana;

(5) the operation of a Class II well may result in a movement of fluids into an underground source of drinking water; or

(6) the owner or operator has been issued a notice of violation under IC 14-37-12-2 and 312 IAC 16-5-21, and has failed:

(A) to abate the violation within the prescribed period;

(B) to secure in writing from the division an extension of time in which to abate the violation before the expiration of the period established for abatement; or

(C) to request a proceeding under IC 4-21.5-3-6 within thirty (30) days after service of the notification or within the period provided by the division for abatement, whichever is longer.

  (b) In addition to the grounds for permit revocation set forth under subsection (a), a permit for a Class II well may be revoked, modified, or reissued under IC 4-21.5-3-5 where there is:

(1) a substantial change of conditions in the operation of the Class II well;

(2) a substantial change in the information upon which the permit was issued; or

(3) reasonable cause to believe that the permitted operation may result in the movement of fluids into an underground source of drinking water other than an exempted aquifer.

(Natural Resources Commission; 312 IAC 16-3-9; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2336; 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)