Section 69-05.2-10-08 - Permit applications - Commission actions related to ownership and control information after permit issuance1. 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; andb. 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.N.D. Admin Code 69-05.2-10-08
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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