N.D. Admin Code 69-05.2-32-01 - Improvidently issued permits - Review procedures
The commission will review any permit it has reason to believe was improvidently issued according to the criteria in this section. The permit was improvidently issued if:
1. Under the violations review criteria of
the regulatory program at the time the permit was issued:
a. The commission should not have issued the
permit because of an unabated violation or a delinquent penalty or fee; or:
b. The permit was issued on the
presumption that a notice of violation was being corrected to the satisfaction
of the agency with jurisdiction over the violation, but a cessation order was
subsequently issued;
2.
The penalty, violation, or fee:
a. Remains
unabated or delinquent; and
b. Is
not the subject of a good faith appeal, or of an abatement plan or payment
schedule with which the permittee or other person responsible is complying to
the satisfaction of the responsible agency; and
3. Where the permittee was linked to the
violation, penalty, or fee through ownership or control, under the violations
review criteria of the regulatory program at the time the permit was issued an
ownership or control link between the permittee and the person responsible for
the violation, penalty, or fee still exists, or where the link was severed the
permittee continues to be responsible for the violation, penalty, or fee.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21
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