312 IAC 29-16-1 - Identification of underground sources of drinking water and exempted aquifers
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 1.
(a) The
division may identify (by narrative description, illustrations, maps, or other
means) and shall protect, except where exempted under subsections (b) and (c),
an aquifer or part of an aquifer that qualifies as an underground source of
drinking water. An aquifer or part of an aquifer that is an underground source
of drinking water is protected under this rule regardless of whether it has
been identified by the division.
(b) The division may identify (by narrative
description, illustrations, maps, or other means) and describe in geographic or
geometric terms (such as vertical and lateral limits and gradient) that are
clear and definite, an aquifer or part of an aquifer proposed for designation
as an exempted aquifer under section 2 of this rule.
(c) After notice by publication in a
newspaper of general circulation in the county or counties where an affected
aquifer is located, and after an opportunity for an informal hearing as
provided under
312 IAC 29-3-4, the department
may identify an exempted aquifer in addition to a previously exempted aquifer.
The exemption of an aquifer under section 2(a)(1) of this rule shall be treated
as a revision to the approved program of the state for the regulation of Class
II wells. The exemption of an aquifer under section 2(a)(1) of this rule
becomes final if the deputy director submits the exemption, in writing, to the
administrator and the administrator has not disapproved the designation within
forty-five (45) days.
Notes
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