N.D. Admin Code 69-05.2-28-02 - Inspection and enforcement - Review of decision not to inspect or enforce - Review of adequacy and completeness of inspections
1. Any person who is or may be adversely
affected by a surface coal mining and reclamation operation may ask the
commission to informally review a decision not to inspect or take appropriate
enforcement action with respect to any violation alleged by that person in a
filing under section
69-05.2-28-01.
a. The request must be in writing and include
a statement of how the person is or may be adversely affected and why the
decision merits review.
b. The
request must be made within thirty days of the date the person received the
materials required by subsection 4 of section
69-05.2-28-01.
2. The commission will conduct the
review and inform the person, in writing, of the results within thirty days of
the commission's receipt of the request. The permittee or operator alleged to
be in violation will also be given a copy of the results, except that the name
of the person will not be disclosed unless confidentiality has been waived.
3. Informal review under this
section does not affect any right to formal review under North Dakota Century
Code section
38-14.1-30, or to a citizen's suit
under North Dakota Century Code section
38-14.1-40.
4. Any person who is or may be adversely
affected by a surface coal mining and reclamation operation may notify the
commission in writing of any alleged failure on the part of the commission to
make adequate and complete or periodic inspections.
a. The notification must include sufficient
information to create a reasonable belief that the requirements are not being
complied with and to demonstrate that the person is or may be adversely
affected.
b. The commission will,
within fifteen days of receipt of the notification, determine whether the
requirements are being complied with, and if not, will immediately order an
inspection to remedy the noncompliance.
c. The commission will furnish the
complainant with a written statement of the reasons for the determination and
any actions taken to remedy the noncompliance.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.