Section 69-05.2-10-04 - Permit applications - Criteria for permit approval ordenial - Existing structures1. No application which proposes to use an existing structure will be approved, unless the applicant demonstrates and the commission finds in writing that: a. If the applicant proposes to use an existing structure under the exemption provided in subsection 4 of section 69-05.2-09-03: (1) The structure meets the performance standards of North Dakota Century Code chapter 38-14.1 and this article.(2) There will be no significant harm to the environment or public health or safety.b. If the commission finds that an existing structure does not meet the performance standards, the applicant shall submit a compliance plan for modifying or rebuilding the structure. The permit will not be issued unless the commission finds that: (1) The modification or reconstruction will bring the structure into compliance with the design and performance standards of this article and North Dakota Century Code section 38-14.1 -24 as soon as possible, but not later than six months after permit issuance;(2) The risk to the environment or to public health or safety is not significant during modification or reconstruction; and(3) The applicant will monitor the structure to determine compliance with this article and North Dakota Century Code section 38-14.1-24.2. Should the commission find that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant shall abandon the existing structure. The structure must not be used after the effective date of the permit. Structure abandonment must proceed on a schedule approved by the commission under section 69-05.2-13-11.N.D. Admin Code 69-05.2-10-04
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14, 38-14.1-21