N.D. Admin Code 69-05.2-06-02 - Permit applications - Compliance information
In addition to satisfying the applicable requirements of subsection 1 of North Dakota Century Code section 38-14.1-14, each application must contain:
1. A statement of any current
or previous coal mining permits in any state held during the five years prior
to application and by any person identified in paragraph 3 of subdivision e of
subsection 1 of North Dakota Century Code section
38-14.1-14, and of any pending
application to conduct operations in any state. The information must be listed
by permit and pending application number for each.
2. The explanation required by subdivision h
of subsection 1 of North Dakota Century Code section
38-14.1-14 including:
a. Identification number and permit issue
date or date and amount of bond or similar security.
b. Identification of the authority that
suspended or revoked a permit or forfeited a bond and the reasons for that
action.
c. The current status of
the permit, bond, or security.
d.
The date, location, type, and current status of any administrative or judicial
proceedings initiated concerning the suspension, revocation, or
forfeiture.
3. A list of
all violation notices as required by subdivision g of subsection 1 of North
Dakota Century Code section
38-14.1-14 including violations
received by any person who owns or controls the applicant.
4. A list of all unabated cessation orders
and unabated air and water quality violation notices received prior to the date
of the application by any surface coal mining and reclamation operation owned
or controlled by either the applicant or by any person who owns or controls the
applicant.
5. The lists required by
subsections 3 and 4 must include, as applicable:
a. Any identifying numbers for the operation,
including the federal or state permit number and mine safety and health
administration number, the date of issuance of the violation notice and mine
safety and health administration number, the name of the person to whom the
violation was issued, and the identity of the issuing authority, department, or
agency.
b. A brief description of
the violation alleged.
c. The date,
location, and type of any administrative or judicial proceedings initiated
concerning the violation, including proceedings initiated by the applicant or
by any person who owns or controls the applicant, to obtain administrative or
judicial review.
d. The current
status of the proceedings and violation notice.
e. Any actions taken by the applicant or by
any person who owns or controls the applicant to abate the violation.
f. Any final resolution of each
notice.
6. With regard
to the violation information required by subsections 3 through 5:
a. If this information is already in the
applicant violator system maintained by the office of surface mining
reclamation and enforcement, the applicant:
(1) May certify to the commission by
affirming, under oath and in writing, that the relevant information in the
applicant violator system is accurate, complete, and up to date; or
(2) If the part of the information in the
applicant violator system is missing or incorrect, submit the necessary
information or corrections and affirm, under oath and in writing, that the
information you submit is accurate and complete.
b. The applicant shall affirm, under oath and
in writing, that all violation information provided in an application is
accurate and complete.
c. The
commission may establish a central file to house the applicant's identity
information, rather than place duplicate information in each permit file. If a
central file is established for an applicant, the information in that file will
be considered a component of each permit it is connected to. The commission
will make information in a central file available to the public and the
applicant shall file a copy with the county auditor in the county where mining
is proposed.
d. After notification
that the application is deemed ready for approval but before the permit is
issued, the applicant shall, as applicable, update, correct, or indicate that
no change has occurred in the information previously submitted under
subsections 3 through 5 or certify that information in the applicant violator
system is still accurate, complete, and up to date.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14
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