Section 69-05.2-10-05 - Permit applications - Approval or denial actionsThe commission will approve, require modification of, or deny all applications for permits according to the following:
1. The commission will not approve or disapprove a permit application prior to the expiration of the thirty-day period for requesting an informal conference or the filing of written comments or objections following the last publication of the public notice required by North Dakota Century Code section 38-14.1-18.2. If no informal conference has been held under North Dakota Century Code section 38-14.1-19, the commission will approve, require modification of, or deny all permit applications within the review period specified in section 69-05.2-05-01.3. If an application is approved, the permit will contain the following conditions:a. The permittee shall minimize adverse impacts to the environment or public health and safety resulting from noncompliance with any term or condition, including: (1) Accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance.(2) Immediate implementation of compliance measures.(3) Warning, as soon as possible after learning of noncompliance, any person whose health and safety is in imminent danger.b. The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the treatment or control of waters or atmospheric emissions as required by North Dakota Century Code chapter 38-14.1, this article, and any other applicable law.c. The permittee shall conduct operations:(1) To prevent significant, imminent environmental harm to public health or safety; and(2) Utilizing methods specified in the permit if the commission approves alternative methods of compliance with the performance standards of North Dakota Century Code section 38-14.1-24 and this article.d. The operator shall pay all reclamation fees required by 30 CFR subchapter R for coal produced under the permit for sale, transfer, or use.e. Within thirty days after a cessation order is issued under North Dakota Century Code section 38-14.1-28, except where a stay of the cessation order is granted and remains in effect, the permittee shall either submit the following information, current to the date the cessation order was issued, or notify the commission in writing that there has been no change since the last submittal:(1) Any new information needed to correct or update the information previously submitted under subdivision e of subsection 1 of section 69-05.2-06-01; or(2) If not previously submitted, the information required from a permit applicant by subdivision e of subsection 1 of section 69-05.2-06-01.4. When the application is approved, the commission will publish notice in the official county newspapers and in daily newspapers of general circulation in the area of the proposed operations. The publication will provide a summary of the decision and notice that any person with an interest which is or may be adversely affected may request and initiate formal hearing procedures on the decision and may request temporary relief from permit issuance within thirty days of the publication of the notice.5. At the time of publication of the decision required by subsection 4, the commission will:a. Provide copies of all findings, decisions, and orders on an application to: (1) Each person and government official who filed a written objection or comment.(2) Each reclamation advisory committee member.(3) The office of surface mining reclamation and enforcement, together with a copy of the approved application materials.b. Notify the appropriate government officials in the relevant county that a permit application has been approved and describe the location of the lands.N.D. Admin Code 69-05.2-10-05
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; May 1, 1992.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03, 38-14.1-21