N.D. Admin Code 69-05.2-10-04 - Permit applications - Criteria for permit approval ordenial - Existing structures
1. 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.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14, 38-14.1-21
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