Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 4-21.5; IC 14-37

Sec. 4. (a) No permit shall be issued or denied for a Class II well until the later of:

1. (1) eighteen (18) days after service of any notification required under section 2 of this rule and proof of service of the notification and the publishers affidavit of newspaper publication are submitted to the division of reclamation; or
2. (2) the division director's issuance of a determination following an informal hearing conducted in accordance with 312 IAC 29-3-4 and this section.

(b) The division of reclamation shall issue notice of its decision to approve or deny an application to:

1. (1) convert an existing well to a Class II well;
2. (2) drill and construct a Class II well; or
3. (3) modify a Class II well permit;

in accordance with 312 IAC 29-3-5.

(c) A decision to approve or deny a Class II well permit application or an application to modify a Class II well is subject to IC 4-21.5.

(Natural Resources Commission; 312 IAC 29-5-4; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)