La. Admin. Code tit. 43 § VI-305

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-305 - Application Content

A. An application for an area of ground water concern designation or for the removal or a modification of an area of ground water concern designation shall be filed with the commissioner of conservation at the above address no sooner than 30 days and no later than 60 days after publication of the notice of intent. Five copies of the application shall be filed, and must include:

1. the name, address, telephone number, and signature of the applicant;

2. a statement identifying the applicant's interest which is or may be affected by the subject matter of the application;

3. identification of the source of ground water (aquifer) to which the application applies;

4. identification of the proposed area of ground water concern or area proposed to be modified or removed from an area of ground water concern designation, including but not limited to:

a. its location [section(s), township(s), range(s) and parish(es)];

b. a map clearly identifying the boundaries of the subject area of the application, such as but not limited to:

i. U.S. Geological Survey topographic map(s) of appropriate scale (1:24,000, 1:62,500, 1:100,000); or

ii. LA-DOTD Louisiana parish map(s) outlining the perimeter of the area; or

iii. a digital map submitted in vector and/or raster formats, including the supporting metadata;

5. statement of facts and evidence supporting one of the following claims:

a. that taking no action would likely negatively impact ground water resources in the aquifer, if the application is pursuant to §307 A;

b. that alleviation of stress to the aquifer has occurred; if the application is pursuant to §307 B;

6. the applicant may also submit a proposal to preserve and manage the ground water resources in the area of ground water concern; and

7. the proof of publication of notice of intent to apply to the commissioner.

B. Direct Action by the Commissioner for Critical Ground Water Area Hearing

1. The commissioner may initiate a hearing to consider action with respect to a specific ground water area.

2. The commissioner shall notify the public pursuant to §303 and §501. A prior to issuing an order.

3. The information presented by the commissioner at the hearing shall include but not be limited to information pursuant to §305. A and §307

C. Application for Groundwater Emergency Hearing

1. Notwithstanding the provisions of Subsections A and B hereof, the commissioner may initiate action in response to an application of an interested party or upon the commissioner's own motion in response to a ground water emergency other than those emergencies related to drought conditions requiring the temporary use of drought relief wells.

2. Subsequent to adoption of a proposed emergency order that shall include designation of an area of ground water concern and/or adoption of an emergency management plan for an affected aquifer, the commissioner shall promptly schedule a public hearing pursuant to §501 B

La. Admin. Code tit. 43, § VI-305

Promulgated by the Office of the Governor, Groundwater Management Commission, LR 28:1585 (July 2002), amended by the Department of Natural Resources, Office of Conservation, LR 30:1213 (June 2004), LR 35:250 (February 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:3099 et seq.