Ala. Admin. Code r. 400-8-1-.16

Current through Register Vol. 43, No. 3, December 31, 2024

Section 400-8-1-.16 - [Effective 1/11/2025] Petitions, Notice

The Board shall hold a public hearing before approving a storage facility.

1. At least fifty days prior to the hearing, the petitioner shall give notice of the hearing to the following:

a. Each operator of mineral extraction activities within the facility area and within one-half mile of the outside boundary;

b. All mineral owners of record within the facility area, the area of review, and within one-half mile of the outside boundary of the area of review;

c. All surface owners of record within the facility area, the area of review, and one-half mile of the outside boundary of the area of review;

d. Each owner of record of the storage rights within the storage reservoir and within one-half mile of the reservoir's boundary; and

e. Any other persons as determined by the State Oil and Gas Supervisor of the State Oil and Gas Board of Alabama.

2. The notice given by the petitioner must contain:

a. A description of the land within the proposed storage facility area.

b. The date, time, and place that the Board will hold a hearing on the petition.

c. A statement that a copy of the petition and exhibits may be obtained from the Board or petitioner. When the Board receives a request for a copy of the petition or exhibits from an interested party, the Board may direct Petitioner to deliver the Petition or exhibits to the interested party.

d. A statement that all comments regarding the storage facility petition must be in writing and submitted to the Board prior to the hearing or presented at the hearing.

e. A statement that if the Board approves the proposed storage facility, the storage facility operator may acquire storage rights from nonconsenting owners through amalgamtion.

3. Public notice of a petition for the storage facility shall be published at least fifty (50) days prior to a hearing. The notice shall be published in the county newspaper with the highest circulation, except in an emergency, including notice of the time and place of hearing thereon. The notice shall be issued in the name of the Board. The public notice must state that a petition has been filed with the Board for approval to store carbon dioxide and describe the location of the proposed storage facility area and the date, time, and place of the hearing before the Board at which time the merits of the petition will be considered.

4. The public notice given by the Board must contain the following:

a. Name and address of the Board;

b. Name and address of the petitioner;

c. A brief description of the nature and purpose of the hearing, including the applicable rules and procedures;

d. A brief description of the activity described in the storage facility petition;

e. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the petition and exhibits; and

f. Any additional information that the Board requires.

5. Public notice shall be given by the following methods:

a. By mailing and e-mailing a copy of the notice of the petition to the following:

i. The Alabama Department of Environmental Management;

ii. The United States Environmental Protection Agency;

iii. To any local government having jurisdiction over the area where the storage facility is proposed to be located.

6. At or prior to the hearing, any interested person may address the Board on the petition to establish the storage facility.

Ala. Admin. Code r. 400-8-1-.16

Adopted by Alabama Administrative Monthly Volume XLIII, Issue No. 02, November 27, 2024, eff. 1/11/2025.

Author: S. Marvin Rogers

Statutory Authority: 9-17-150 et seq. of the Code of Alabama (1975)