1. (a) A storage operator may apply to the department for a depth requirement waiver.

2. (b) An application under subsection (a) must include the following:

   1. (1) The depth of each proposed injection zone.
   2. (2) The location of each injection well.
   3. (3) The name and depth of all underground sources of drinking water within the area of review.
   4. (4) A map of the area of review.

   5. (5) The names of public water supplies:

      1. (A) affected;
      2. (B) reasonably likely to be affected; or

      3. (C) served;

         by underground sources of drinking water in the area of review.

   6. (6) The results of an underground injection control and public water system supervision consultation of all states and tribes having jurisdiction over lands within the area of review of a well for which a waiver is sought.
   7. (7) A supplemental report that meets the requirements set by the department that provides data as required by section 5.3 of this chapter.
3. (c) A storage operator that applies to the department for a depth requirement waiver must post public notice that a waiver application was submitted by publication in at least one (1) newspaper of general circulation in each county affected by the application. Notice under this subsection must include the information required under subsection (b).
4. (d) Following public notice under this section, the department shall provide all information provided in the application to the department of environmental management and the United States Environmental Protection Agency. The department of environmental management must concur or dissent in writing regarding the waiver. The department shall request feedback and a concurrence on the application from the United States Environmental Protection Agency.

5. (e) To make a decision whether to concur or dissent, the department of environmental management may do the following:

   1. (1) Request that additional information be provided to support a decision.
   2. (2) Require that public notice of new information be initiated.

6. (f) The department may not approve a waiver without a written concurrence from the:

   1. (1) department of environmental management; and
   2. (2) United States Environmental Protection Agency.

7. (g) If a waiver is issued, not later than thirty (30) days after the waiver is issued, the department and the department of environmental management shall post the following on their respective websites:

   1. (1) The depth of each proposed injection zone.
   2. (2) The location of each injection well.
   3. (3) The name and depth of each underground source of drinking water within the area of review.
   4. (4) A map of the area of review.
   5. (5) The names of each public water supply affected, reasonably likely to be affected, or served by underground sources of drinking water in the area of review.
   6. (6) The date the waiver was issued.
8. (h) Upon receiving a waiver under this section, the storage operator must comply with any modified construction requirements or other requirements resulting from the waiver.

As added by P.L.161-2026, SEC.57.