N.D. Admin Code 69-05.2-10-05 - Permit applications - Approval or denial actions
The 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.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03, 38-14.1-21
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