Section 69-05.2-28-02 - Inspection and enforcement - Review of decision not to inspect or enforce - Review of adequacy and completeness of inspections1. 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. N.D. Admin Code 69-05.2-28-02
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03