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

Affected: IC 4-21.5; IC 14-37

Sec. 5. (a) An exemption from well spacing or unit requirements for a noncommercial well shall not be issued or denied until the later of:

1. (1) eighteen (18) days after service of the notification required under section 3 of this rule; or
2. (2) the director's issuance of a determination following an informal hearing conducted in accordance with 312 IAC 29-3-4.

(b) A decision to approve or deny a noncommercial well permit application is subject to IC 4-21.5.

(c) The division of reclamation shall issue notice of its decision to approve or deny a noncommercial well permit application in accordance with 312 IAC 29-3-5.

(d) In addition to the issuance of notice of a permitting decision required by 312 IAC 29-3-5(1), the division of reclamation shall also issue notice of a permitting decision to:

1. (1) each person provided notice under section 3 of this rule; and
2. (2) each person who filed with the division of reclamation written comments, objections, or a request for informal hearing under 312 IAC 29-6-8.

(Natural Resources Commission; 312 IAC 29-7-5; 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)