SECTION 165:10-5-14. Exempt aquifers

(a)   Upon application after notice and hearing, the Commission may issue an order designating an underground source of drinking water (USDW) as an exempted aquifer if the USDW:

(1)   Does not currently serve as a source of drinking water.

(2)   Cannot now and has no reasonable future prospect of serving as a source of drinking water because:

(A)   It is mineral, hydrocarbon or geothermal energy producing source; or

(B)   It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or

(C)   It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption.

(b)   For purposes of 165:10-3-4 and 165:10-5-2 through 165:10-5-13, an exempted aquifer shall not be considered as productive of treatable water.

(c)   Each application under subsection (a) of this Section shall comply with 165:5-7-28.

(d)   Each order designating a USDW as an exempted aquifer shall be subject to approval by the U.S. Environmental Protection Agency.