Section 312IAC16-5-7. Identification of underground sources of drinking water and exempted aquifers

   (a) The department may identify (by narrative description, illustrations, maps, or other means) and shall protect, except where exempted under subsections (b) through (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 department.

  (b) The department 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 8 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 16-2-3, the department may identify an exempted aquifer in addition to a previously exempted aquifer. The exemption of an aquifer under section 8(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 8(a)(2) 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. (Natural Resources Commission; 312 IAC 16-5-7; filed Feb 23, 1998, 11:30 a.m.: 21 IR 2340; 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)