19-8-108. SPECIFIC PERMITS.

1. Unless an activity is defined as de minimis under § 19-8-106 (2), above, or for which the Commission has issued a general permit under § 19-8-107, above, any person wishing to conduct activities or build or operate facilities in a CWPA shall file a petition seeking a specific permit with the Director. In addition to the requirements set forth in Title 18, Chapter 21, the petition shall include a description of the activity or facility proposed, its location, the distance from any water wells, and the actions proposed by the applicant to prevent contamination or damage to the ground water.
2. Within five days of filing his petition with the Director, the petitioner must notify, either by United States mail, first-class postage prepaid or by personal service, all persons living within the CWPA or owning land within the CWPA whose names can be determined by reasonable diligence of the application and the nature of the activity or facility.
3. Upon receipt of a complete petition for a specific permit, the Commission shall determine whether to grant the requested permit in accordance with the informal hearing procedures set forth in Title 18, Chapter 21. The Commission shall issue such a permit only if it finds, by clear and convincing evidence, that the activity will not contaminate the ground water within the CWPA. The burden of proof on this issue rests with the petitioner.
4. If the Commission denies the permit, the person shall cease the activity or remove or replace the facility within 30 days of the date of the Commission’s denial or 365 days after the designation of the CWPA, whichever is later.