Okla. Admin. Code § 785:32-3-6

Current through Vol. 42, No. 4, November 1, 2024

Section 785:32-3-6 - Notice of application

(a)Application notice Notice of the application, including hearing date, time, and place if scheduled prior to notice, shall be provided by the applicant as required by law and Board instructions Such notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where each existing or proposed well is located Notice shall also be provided by certified mail to all surface estate owners of lands located within one-thousand three hundred twenty feet (1,320') from actual locations of existing or proposed recharge well(s), withdrawal well(s), or infiltration basins shown on the application plat Accuracy and adequacy of notice shall be the responsibility of the applicant. If deemed necessary by the Board, notice may be required to surface estate owners within one-thousand three hundred twenty feet (1,320') from the outside boundary of the area of hydrologic effect.

(b)Proof of notice.Adequate proof that notice was provided as instructed by the Board shall be submitted to the Board by the applicant within fifteen days after the last date of newspaper publication, or as otherwise directed by the Board. Such proof shall show the dates on which said notice was published in such newspaper and that the applicant did properly notify the surface estate owners as instructed.

(c)Failure to give adequate notice. If adequate notice and proof of notice is not provided by the applicant, the application may be dismissed and the application fee forfeited.

(d)Revised published notice of hearing. The Board may require a revised notice to be published at the applicant's expense in case material error or deviation is made in the description of the land, the well location, or the manner in which a protest to the application may be made [82:1020.8], or if the applicant makes substantial amendments to his application after notice of the original application, or fails to effect proper publication in any manner.

(e)Protests and hearings.

(1) If the Board does not schedule a hearing on the application before instructing the applicant to provide notice, a hearing on the application shall be scheduled by the Board upon receipt of a protest that meets the requirements of Section 785:4-5-4, and the Board shall notify the applicant and protestant of such hearing [82:1020.8].

(2) Any interested person shall have the right to protest said application and present evidence and testimony in support of such protest. Such protests shall be made in accordance with Chapter 4 of this Title.

(3) Even if no protest is received, the applicant shall be advised and given opportunity for hearing if the application cannot be recommended for approval to the Board.

Okla. Admin. Code § 785:32-3-6

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018