Section 20 AAC 25.440 - Freshwater aquifer exemption(a) Upon receipt of a letter of application, and in accordance with (b) of this section, the commission will, in its discretion, issue an order designating a freshwater aquifer or portion of it as an exempt freshwater aquifer, if the freshwater aquifer meets the following criteria:(1) it does not currently serve as a source of drinking water, and it cannot now and will not in the future serve as a source of drinking water because (A) it is hydrocarbon-producing or can be demonstrated by the applicant to contain hydrocarbons that, considering their quantity and location, are expected to be commercially producible;(B) it is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical; or(C) it is so contaminated that recovery of water for drinking water purposes is economically or technologically impractical; or(2) the total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l, and it is not reasonably expected to supply a public water system.(b) To apply for exemption of a freshwater aquifer, an operator shall submit to the commission a letter of application that includes sufficient data to justify the proposal, including data to substantiate that the criteria in (a) of this section are met. The commission will provide 15 days legal notice and the opportunity for a public hearing on the matter in accordance with 20 AAC 25.540.(c) Freshwater aquifers within the state that, as of June 19, 1986, are designated as exempt aquifers by the United States Environmental Protection Agency under 40 C.F.R. 147.102 are accepted as exempt aquifers by the commission.(d) A commission order designating a freshwater aquifer or a portion of it as an exempt freshwater aquifer is not effective with respect to underground disposal or storage operations subject to 20 AAC 25.252 or injection operations subject to 20 AAC 25.402 until the United States Environmental Protection Agency has been provided the opportunity to review the order under 40 C.F.R. 144.7(b)(3) and has (1) approved the order, if it was issued under (a)(1) of this section; or(2) has allowed the applicable time period within which to disapprove the order to expire without acting on it, if the order was issued under (a)(2) of this section.Eff. 4/2/86, Register 97; am 11/7/99, Register 152