Sec. 13. (a) The director may issue an emergency permit for a well for oil and gas purposes if an imminent and substantial danger to the health of persons will result unless an emergency permit is granted. An emergency permit under this subsection is effective no longer than necessary to remove the danger.

     (b) If a substantial and irretrievable loss of oil or natural gas resources will occur unless an emergency permit is granted, the director may issue an emergency permit for a well for oil and gas purposes if the following conditions exist:

(1) Timely application for a permit could not practicably have been made.

(2) Issuance of the permit does not violate a term of primary enforcement authority for Class II wells.

     (c) An emergency permit under subsection (b) is effective not longer than ninety (90) days from issuance. However, if a permit application is submitted before expiration of the ninety (90) day period, the director may, subject to IC 4-21.5, extend the emergency permit until final agency action on the application.

     (d) The director may issue an emergency permit for a well for oil and gas purposes if:

(1) a substantial delay in the production of oil or natural gas resources will occur unless an emergency permit is issued for a new injection well; and

(2) the permit will not violate a term of primary enforcement authority for Class II wells.

An emergency permit under this subsection may be issued only after a completed permit application has been submitted and is effective only until a final determination is made by the department on that application.

[Pre-1995 Recodification Citation: 13-8-5-13.]

As added by P.L.1-1995, SEC.30.