R 324.803 Class II well notification, public comment, and public hearing.

Rule 803. (1) Within 10 days after receipt of a Class II well permit application the supervisor shall mail notice to each surface owner of record and well permittee of each oil, gas, and injection well within 1,320 feet of the proposed injection well, to the township supervisor or municipal manager where the well is located, and shall post the notice on the department website concurrently with the weekly permit list publishing which is posted on the department website and available by email list server. All of the following information must be included on the notice: (a) Date of notice. (b) Applicant’s name and address. (c) Proposed well location, listing the county, township, range, section, and distance from nearest road intersections. (d) Geological formation name and depth of injection interval. (e) Maximum anticipated injection pressure, expressed as psig at the well head. (f) Maximum anticipated daily injection rate expressed as barrels per day or thousand cubic feet per day. (g) Information on how to submit comments on the application to the supervisor. (h) The following statement “Any comments or objections on an application, or a request to obtain additional information about the application, must be received by the supervisor within 30 days after the date of notice set forth herein.” (i) If substantial compliance is achieved toward notification requirements, inadvertent mistakes in noticing will not be a bar to processing of the permit. (2) The supervisor shall receive public comments for 30 days following the date of the notice and complete review of the application as follows: (a) If no objections are received within the 30-day comment period, the supervisor or authorized representative of the supervisor shall consider that no objections exist and shall issue a permit within 10 days if it is determined that the application complies with the law. (b) If a comment or an objection to the application is received, the Supervisor or authorized representative of the Supervisor shall, within 10 days after the end of the comment period, determine the validity of the comment or objection. If, in the opinion of the supervisor or authorized representative of the supervisor, it is determined the comment or objection is not relevant to the issues of waste, public health or safety, or is without substance, a permit shall be issued within 20 days after the end of the comment period if it is determined that the application complies with the law. (c) If, within the 10 day period set forth in (2)(b), above, the supervisor or authorized representative of the supervisor considers the comment or objection to be relevant to the issues of waste, public health or safety, or is of substance, and the commenter has requested a public hearing, then the supervisor shall provide notice of the public hearing within 20 days after the end of the comment period and hold the public hearing within 30 days after giving notice of the public hearing. The public hearing will be held in the township or county of the proposed well, is for gathering public comment on a proposed permit, and is not an evidentiary hearing pursuant to R 324.1201 to R324.1205. The supervisor will provide a minimum of 20 days notice of the public hearing. Notice will be made by posting the hearing on the department calendar, the department website, and in one local newspaper. (d) If the supervisor or authorized representative of the supervisor determines, after the hearing and upon consideration of comments and the application, that all of the following conditions have been met, the application for a Class II well shall be approved and a permit shall be issued within 30 days: (i) The application complies with the requirements of these rules. (ii) The method of injection proposed in the application complies with the law. (iii) The proposed method of injection will not threaten public health or safety and will not create waste or endanger an underground source of drinking water. (e) Concurrently with the issuance or denial of a Class II permit application, the supervisor or authorized representative of the supervisor shall post responses to the public comments on the department website. (3) The provisions of this rule are effective only upon the date of primacy.