Section 33-24-07-12 - Stays of contested permit conditions1. Stays. a. If a request for review of a permit under section 33-24-07-14 is granted, the effect of the contested permit conditions is stayed and is not subject to judicial review pending final department action. If the permit involves a new facility, the applicant is without a permit for the proposed new facility pending final agency action.b. Uncontested conditions which are not severable from those contested must be stayed together with the contested conditions. Stayed provisions of permits for existing facilities must be identified by the department. All other provisions of the permit for the existing facility remain fully effective and enforceable.2. Stays based on cross effects. A stay may be granted based on the grounds that an appeal to the department under section 33-24-07-14 of one permit may result in changes to another permit only when each of the permits involved has been appealed to the department and the department has accepted each appeal.3. Any facility or activity holding an existing permit shall: a. Comply with the conditions of that permit during any modification or revocation and reissuance proceedings under section 33-24-07-03; andb. To the extent conditions of any new permit are stayed under this section, comply with the conditions of the existing permit which corresponds to the stayed conditions, unless compliance with the existing conditions would be technologically incompatible with compliance with other conditions of the new permit which have not been stayed.N.D. Admin Code 33-24-07-12
Effective January 1, 1984.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05