Section 69-05.2-28-08 - Inspection and enforcement - Suspension or revocation of permits - Pattern of violations1. The commission may determine that a pattern of violations exists or has existed, based on two or more inspections within any twelve-month period, after considering the circumstances, including: a. The number of violations, cited on more than one occasion, of the same or related requirements of North Dakota Century Code chapter 38-14.1, this article, or the conditions of the permit; b. The number of violations, cited on more than one occasion, of different requirements of North Dakota Century Code chapter 38-14.1, this article, or the conditions of the permit; or c. The extent to which the violations were isolated departures from lawful conduct. 2. The commission will determine that a pattern of violations exists, if it finds that there were violations of the same or related requirements of North Dakota Century Code chapter 38-14.1, this article, or the permit conditions during three or more inspections within any twelve-month period. 3. Violations by any person or operator conducting surface coal mining operations on behalf of the permittee will be attributed to the permittee, unless the permittee establishes that the violations were acts of deliberate sabotage. 4. Whenever a permittee fails to abate a violation within the abatement period set or subsequently extended, the commission will review the permittee's history of violations to determine if a pattern of violations exists under this section, and issue an order to show cause as appropriate under subdivision c of subsection 1 of North Dakota Century Code section 38-14.1-28. N.D. Admin Code 69-05.2-28-08
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-28