N.D. Admin Code 69-05.2-10-08 - Permit applications - Commission actions related to ownership and control information after permit issuance
1. For the purposes
of future permit eligibility determinations and enforcement actions, the
commission will enter the following data into AVS:
a. Permit records will be entered within
thirty days after issuing a permit or subsequent changes.
b. Unabated or uncorrected violations will be
entered within thirty days after the abatement period expires for any
violation.
c. Any changes to the
information required under section
69-05.2-06-01 will be entered
within thirty days after receiving notice of a change.
d. A change in status of violations listed in
AVS will be entered within thirty days after abatement, correction, or
termination of a violation, or an administrative or judicial decision affecting
a violation.
2. If, at
any time, it is discovered that any person owns or controls an operation with
an unabated or uncorrected violation, the commission will determine whether
enforcement action is appropriate under North Dakota Century Code section
38-14.1-28. The commission will
enter the results of each enforcement action, including administrative and
judicial decisions, into AVS.
3.
The commission will serve a preliminary finding of permanent permit
ineligibility under subdivision c of subsection 1 of North Dakota Century Code
section 38-14.1-28 on the applicant or
operator if the criteria in subdivisions a and b are met. In making a finding
under this subsection, the commission will only consider control relationships
and violations which would make, or would have made, the applicant or operator
ineligible for a permit under subsection 4 of section
69-05.2-10-03. A preliminary
finding of permanent permit ineligibility will be made if it found that:
a. The applicant or operator controls or has
controlled surface coal mining and reclamation operations with a demonstrated
pattern of willful violations under subdivision c of subsection 1 of North
Dakota Century Code section
38-14.1-28; and
b. The violations are of such nature and
duration with such resulting irreparable damage to the environment as to
indicate an intent not to comply with North Dakota Century Code chapter
38-14.1, this chapter, or the approved permit.
4. The permittee or operator may request a
hearing on a preliminary finding of permanent permit ineligibility under North
Dakota Century Code section
38-14.1-30.
5. If a hearing is not requested and the time
for seeking a hearing has expired, the commission will enter the finding into
AVS. If a hearing is requested, the commission will enter the finding into AVS
only if that finding is upheld on appeal.
6. At any time, the commission may identify
any person who owns or controls an entire operation or any relevant portion or
aspect thereof. If such a person is identified, the commission will issue a
written preliminary finding to the person and the applicant or permittee
describing the nature and extent of ownership or control. The commission's
written preliminary finding must be based on evidence sufficient to establish a
prima facie case of ownership or control.
7. After the commission issues a written
preliminary finding under subsection 6. the commission will allow the person
subject to the preliminary finding thirty days in which to submit any
information tending to demonstrate the lack of ownership or control. If after
reviewing any information that is submitted, the commission is persuaded that
the person is not an owner or controller, a written notice will be served to
that effect. If. after reviewing any information that is submitted, the
commission still finds that the person is an owner or controller, or no
information is submitted within the thirty-day period, the commission will
issue a written finding and enter that finding into AVS.
8. If the commission identifies a person as
an owner or controller under subsection 7, that finding may be challenged using
the provisions under section
69-05.2-10-07.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21. 38-14.1-22. 38-14.1-23
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