Section 69-05.2-06-02 - Permit applications - Compliance informationIn addition to satisfying the applicable requirements of subsection 1 of North Dakota Century Code section 38-14.1-14, each application must contain:
1. A statement of any current or previous coal mining permits in any state held during the five years prior to application and by any person identified in paragraph 3 of subdivision e of subsection 1 of North Dakota Century Code section 38-14.1-14, and of any pending application to conduct operations in any state. The information must be listed by permit and pending application number for each.2. The explanation required by subdivision h of subsection 1 of North Dakota Century Code section 38-14.1-14 including: a. Identification number and permit issue date or date and amount of bond or similar security.b. Identification of the authority that suspended or revoked a permit or forfeited a bond and the reasons for that action.c. The current status of the permit, bond, or security.d. The date, location, type, and current status of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture.3. A list of all violation notices as required by subdivision g of subsection 1 of North Dakota Century Code section 38-14.1-14 including violations received by any person who owns or controls the applicant.4. A list of all unabated cessation orders and unabated air and water quality violation notices received prior to the date of the application by any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant.5. The lists required by subsections 3 and 4 must include, as applicable: a. Any identifying numbers for the operation, including the federal or state permit number and mine safety and health administration number, the date of issuance of the violation notice and mine safety and health administration number, the name of the person to whom the violation was issued, and the identity of the issuing authority, department, or agency.b. A brief description of the violation alleged.c. The date, location, and type of any administrative or judicial proceedings initiated concerning the violation, including proceedings initiated by the applicant or by any person who owns or controls the applicant, to obtain administrative or judicial review.d. The current status of the proceedings and violation notice.e. Any actions taken by the applicant or by any person who owns or controls the applicant to abate the violation.f. Any final resolution of each notice.6. With regard to the violation information required by subsections 3 through 5: a. If this information is already in the applicant violator system maintained by the office of surface mining reclamation and enforcement, the applicant: (1) May certify to the commission by affirming, under oath and in writing, that the relevant information in the applicant violator system is accurate, complete, and up to date; or(2) If the part of the information in the applicant violator system is missing or incorrect, submit the necessary information or corrections and affirm, under oath and in writing, that the information you submit is accurate and complete.b. The applicant shall affirm, under oath and in writing, that all violation information provided in an application is accurate and complete.c. The commission may establish a central file to house the applicant's identity information, rather than place duplicate information in each permit file. If a central file is established for an applicant, the information in that file will be considered a component of each permit it is connected to. The commission will make information in a central file available to the public and the applicant shall file a copy with the county auditor in the county where mining is proposed.d. After notification that the application is deemed ready for approval but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under subsections 3 through 5 or certify that information in the applicant violator system is still accurate, complete, and up to date.N.D. Admin Code 69-05.2-06-02
Effective August 1, 1980; amended effective June 1, 1983; June 1, 1986;May 1, 1990; May 1, 1992; June 1, 1994; July 1, 1995; April 1, 2013.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14