La. Admin. Code tit. 43 § VI-505

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

Section VI-505 - Decision of the Commissioner

A. Following hearings held pursuant to §305. C or §501 A, the commissioner shall issue a written decision in the form of a draft order based on scientifically sound data gathered from the application, the participants in the public hearing, and any other relevant information. The draft order shall contain a statement of findings, and shall include but shall not be limited to:

1. the designation of the area of ground water concern or critical area of ground water concern boundaries; and

2. the recommended plan to preserve and manage the ground water resources of the area of ground water concern or critical area of ground water concern pursuant to R.S. 38:3097.6.(B).

B. The commissioner shall make the draft order and proposed plan to preserve and manage ground water resources of the proposed area of ground water concern or critical area of ground water concern available to the applicant, participants in the original application hearing and any other persons requesting a copy thereof. The commissioner in accordance with §501. B shall initiate hearings on the draft order and proposed management controls in the locality of those affected by the commissioner's draft order.

C. Final Order. The commissioner shall adopt the final order and plan to preserve and manage ground water resources after completion of the procedures found at §501. B The final order shall be made a part of the permanent records of the commissioner in accordance with §311 and shall be made available to the public upon request.

La. Admin. Code tit. 43, § VI-505

Promulgated by the Office of the Governor, Groundwater Management Commission, LR 28:1586 (July 2002), amended by the Department of Natural Resources, Office of Conservation, LR 30:1215 (June 2004), LR 35:251 (February 2009).

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