reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-14 - Inspection and enforcement - Civil penalty - Escrow account and bond procedure

Current through Supplement No. 393, July, 2024
1. Upon
				receipt of a timely request for a formal hearing by an operator or permittee
				under subsection 1 of North Dakota Century Code section
				38-14.1-30, the commission will
				inform the operator or permittee, by certified mail, of the proposed amount of
				any civil penalty which may be assessed by the commission.
2. The operator or permittee shall then
				either pay the amount of the proposed penalty in full within thirty days and
				withdraw the request for a formal hearing, forward the amount of the proposed
				penalty to the commission within thirty days to be held in escrow pending a
				final commission decision on the violation and the amount of the penalty, or
				post a bond within thirty days with the commission payable to the state in the
				amount of the proposed penalty pending a final commission decision on the
				violation and the amount of the penalty.
3. If the operator or permittee requests
				review of a final commission decision under North Dakota Century Code section
				38-14.1-35, the amount of the
				proposed penalty must continue to be held in escrow, or the bond must remain in
				full force and effect, until completion of review.
4. Except as provided in subsection 5, if the
				operator or permittee does not request review of a final commission decision
				under North Dakota Century Code section
				38-14.1-35, the following
				procedures apply:
a. If the amount of the
				proposed penalty had been forwarded to the commission to be held in escrow, the
				escrow must end and the escrowed funds transferred to the commission in payment
				of the penalty; or
b. If a bond
				has been posted, the operator or permittee shall pay the amount of the penalty
				within thirty days after the assessment is mailed or the bond shall be
				forfeited.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-15 - Inspection and enforcement - Surface owner interference

Current through Supplement No. 393, July, 2024
The surface owner is prohibited from interfering with
				  reclamation procedures as long as the procedures form a part of a
				  commission-approved reclamation plan.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-16 - Inspection and enforcement - Individual civil penalty -Notice

Current through Supplement No. 393, July, 2024
Where appropriate, the commission may assess an individual
				  civil penalty under subsection 6 of North Dakota Century Code section
				  38-14.1-32. The commission will
				  serve notice, consistent with rule 4 of the North Dakota Rules of Civil
				  Procedure for service of a summons and complaint, on each person to be assessed
				  an individual civil penalty. The notice will include an explanation of the
				  reasons for the penalty, the amount to be assessed, a copy of any underlying
				  notice of violation and cessation order, and an opportunity for formal hearing
				  under North Dakota Century Code section
				  38-14.1-30.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-32
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-17 - Inspection and enforcement - Individual civil penalty -Opportunity for review

Current through Supplement No. 393, July, 2024
The notice of proposed individual civil penalty assessment
				  issued by the commission will become final thirty days after service unless:
1. The individual requests a formal
				hearing under North Dakota Century Code section
				38-14.1-30; or
2. The commission and the individual or
				responsible corporate permittee agree within thirty days to a schedule or plan
				for the abatement or correction of the violation, failure, or refusal.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-32
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-18 - Inspection and enforcement - Individual civil penalty -Payment

Current through Supplement No. 393, July, 2024
1. If a notice of
				proposed individual civil penalty assessment becomes final in the absence of a
				request for formal hearing or abatement agreement, the penalty is due upon
				issuance of the final order.
2. If
				an individual named in a notice of proposed individual civil penalty assessment
				requests a formal hearing under North Dakota Century Code section
				38-14.1-30, the penalty is due
				upon a final order affirming, increasing, or decreasing the proposed penalty.
3. Where the commission and
				corporate permittee or individual have agreed in writing on a plan for the
				abatement of or compliance with the unabated order, an individual named in the
				notice may postpone payment until receiving either a final order or written
				notice that abatement or compliance is satisfactory and the penalty has been
				withdrawn.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-32
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-19 - Inspection and enforcement - Inspection of inactive surface coal mining operations

Current through Supplement No. 393, July, 2024
The commission will conduct an average of at least one
				  complete inspection per calendar quarter of each inactive surface coal mining
				  operation. Partial inspections of inactive mines will be conducted as deemed
				  necessary. For the purposes of this section, an inactive surface coal mining
				  operation is one for which:
1.
				Surface coal mining operations have permanently ceased and all disturbed areas
				have been reclaimed and vegetation has been established in accordance with the
				approved reclamation plan and the lands are not contributing suspended solids
				to streamflow or runoff outside the permit area in excess of the requirements
				set by section
				69-05.2-16-04; or
2. The commission has granted partial bond
				release for the disturbed areas pursuant to subsection 7 of section
				69-05.2-12-12.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-01 - Small operator assistance - Responsibilities of the commission

Current through Supplement No. 393, July, 2024
The commission will:
1. Review requests for assistance and
				determine qualified operators.
2.
				Develop and maintain a list of qualified public or private entities as required
				by 30 CFR
				795.10 and pay them for services rendered.
3. Conduct periodic onsite
				evaluations of program activities with participating operators.
4. Participate in data coordination with the
				office of surface mining reclamation and enforcement, United States geological
				survey, United States environmental protection agency, and other appropriate
				agencies or institutions.
5.
				Ensure that applicable equal opportunity in employment provisions are included
				in contract or other procurement documents.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-03,
					 38-14.1-37
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-02 - Small operator assistance - Program services

Current through Supplement No. 393, July, 2024
To the extent possible with available funds, the commission
				  will for qualified small operators who request assistance:
1. Select and pay a qualified public or
				private entity to perform the activities described under subsection 2 of North
				Dakota Century Code section
				38-14.1-37 including:
a. A determination of the probable hydrologic
				consequences of the mining and reclamation operations both on and off the
				proposed permit area according to section
				69-05.2-29-06.
b. The preparation of a statement of the
				results of test borings or core samplings according to section
				69-05.2-29-06.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-03 - Small operator assistance - Eligibility for assistance

Current through Supplement No. 393, July, 2024
An applicant is eligible for assistance if the applicant:
1. Intends to apply for a permit
				under North Dakota Century Code chapter 38-14.1.
2. Establishes that the probable total actual
				and attributed production for eachyear of the permit will not exceed three
				hundred thousand tons [272155.41 metric tons]. Production from the following
				will be attributed to the permittee:
a. All
				coal produced by operations beneficially owned entirely by the applicant or
				controlled, by reason of ownership, direction of the management or in any other
				manner, by the applicant.
b. The
				pro rata share, based upon percentage of beneficial ownership, of coal produced
				by operations in which the applicant owns more than a ten percent interest.
c. All coal produced by persons
				who own more than ten percent of the applicant or who, directly or indirectly,
				control the applicant by reason of stock ownership, direction of the
				management, or in any other manner.
d. The pro rata share of coal produced by
				operations owned or controlled by the person who owns or controls the
				applicant.
e. All coal produced by
				operations owned by members of the applicant's family or relatives unless it is
				established that there is no direct or indirect business relationship between
				or among them.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-04 - Small operator assistance - Filing for assistance

Current through Supplement No. 393, July, 2024
Each applicant for the small operator assistance program
				  shall submit to the commission:
1. A
				statement of intent to file a permit application.
2. The names and addresses of:
a. The potential applicant.
b. The potential operator if different from
				the applicant.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-05 - Small operator assistance - Application approval - Notice of denial

Current through Supplement No. 393, July, 2024
1. If the
				commission finds the applicant eligible, and it does not have information
				readily available which would preclude issuance of a mining permit, it will:
a. Determine the minimum data requirements
				necessary to meet the provisions of section
				69-05.2-29-06.
b. Select the services of one or more
				qualified public or private entities to perform the required work. A copy of
				the contract or other appropriate work order and the final approved report will
				be provided to the applicant.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-06 - Small operator assistance - Data requirements

Current through Supplement No. 393, July, 2024
1. The commission will determine the minimum
				data collection requirements for each applicant or group of applicants. Data
				collection and analysis may proceed concurrently with the development of mining
				and reclamation plans. The data requirements will be based on:
a. The extent of currently available
				hydrologic, geologic, and other information described under subsection 2 of
				North Dakota Century Code section
				38-14.1-37.
b. The data collection and analysis
				guidelines developed and provided by the commission.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-07 - Small operator assistance - Assistance funding

Current through Supplement No. 393, July, 2024
1. Funds authorized for the small operator
				assistance program may not be used to cover state administrative costs.
2. The commission will, to the
				extent practicable, establish a formula for allocating funds among eligible
				small operators if available funds are insufficient. This formula will include
				such factors as the applicant's:
a.
				Anticipated date of filing a permit application.
b. Anticipated date for commencing mining.
c. Performance history.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-29 - Small Operator Assistance › Section 69-05.2-29-08 - Small operator assistance - Applicant liability

Current through Supplement No. 393, July, 2024
1. The applicant shall reimburse the
				commission for the cost of all services rendered under this chapter if:
a. The applicant submits false information.
b. The applicant fails to submit a
				permit application within one year after receiving the approved report from the
				qualified public or private entity.
c. The applicant fails to mine after
				obtaining a permit.
d. The
				commission finds that the operator's actual and attributed annual production of
				coal for all locations exceeds three hundred thousand tons [272155.41 metric
				tons] during the twelve months immediately following the date the operator is
				issued a surface coal mining and reclamation permit.
e. The applicant sells, transfers, or assigns
				the permit to another person and the transferee's total actual and attributed
				production exceeds the three hundred thousand-ton [272155.41 metric-ton] annual
				production limit during any consecutive twelve-month period of the remaining
				permit term. Under this subdivision, the applicant and successor are jointly
				and severally obligated to reimburse thecommission.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-30 - Off-Permit Use of Other Minerals › Section 69-05.2-30-01 - Off-permit use of other minerals

Current through Supplement No. 393, July, 2024
Solid, noncoal mineral resources found in the permit area
				  may be used for nondetrimented purposes outside the permit area after obtaining
				  commission approval. Each operator or permittee shall submit a plan and map
				  showing:
1. Name and address of the
				applicant.
2. Permit number.
3. Mineral identification,
				estimated volume, location before and after removal, proposed use, and method
				of transport.
4. Any impact the
				removal will have on the reclamation potential of the area.
5. Whether the use is temporary or permanent.
6. Chemical and physical
				characteristics that the commission may require for material other than sand,
				gravel, and porcelanite.
7. The
				name and address of the owner or owners of record of the other minerals, as
				well as proof, consisting of certified copies of the relevant lease agreements,
				of the operator's legal right to remove them.
8. A statement identifying all applicable
				statutory requirements and how the applicant plans to comply with them.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-31 - Training, Examination, and Certification of Blasters › Section 69-05.2-31-01 - Training of blasters

Current through Supplement No. 393, July, 2024
1. Persons
				seeking to become certified as blasters shall receive training including the
				technical aspects of blasting operations and state and federal laws governing
				the storage, transportation, and use of explosives. Coursework must provide
				training in and discuss practical applications of:
a. Explosives, including:
(1) Selection of the type of explosives to be
				used.
(2) Determination of the
				properties of explosives which will produce desired results at an acceptable
				level of risk.
(3) Handling,
				transportation, and storage.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-31 - Training, Examination, and Certification of Blasters › Section 69-05.2-31-02 - Examination of blasters

Current through Supplement No. 393, July, 2024
The commission will ensure that candidates for blaster
				  certification are examined by reviewing and verifying:
1. The competence of persons directly
				responsible for the use of explosives in surface coal mining operations through
				a written examination in technical aspects of blasting and state and federal
				laws and rules governing the storage, use, and transportation of explosives
				including the topics set forth in subsection 1 of section
				69-05.2-31-01; and
2. The practical field experience of the
				candidates as necessary to qualify a person to accept the responsibility for
				blasting operations in surface coal mining operations. Such experience must
				demonstrate that the candidate possesses practical knowledge of blasting
				techniques, understands the hazards involved in the use of explosives, and
				otherwise has exhibited a pattern of conduct consistent with the acceptance of
				responsibility for blasting operations.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-31 - Training, Examination, and Certification of Blasters › Section 69-05.2-31-03 - Certification of blasters

Current through Supplement No. 393, July, 2024
1.
				Candidates for blaster certification examined and found satisfactory will be
				certified for a period of three years.
2. Recertification is authorized following
				either reexamination or a demonstration of satisfactory participation in a
				blaster-related refresher course during the term of the certification, except
				that a candidate whose certificate has been suspended or revoked may only be
				recertified following reexamination.
3. No blaster may be recertified two
				consecutive times unless, upon the second application, the applicant
				successfully passes the examination required in section
				69-05.2-31-02.
4. Certified blasters shall take every
				reasonable precaution to protect their certificates from loss, theft, or
				unauthorized duplication. Any such occurrence must be reported immediately to
				the commission.
5. The conditions
				for maintaining certification include:
a.
				Presentation of the blaster's certificate to the commission or its authorized
				representative upon request.
b.
				Blaster's certificates may not be assigned or transferred.
c. Blasters may not delegate their
				responsibility to any individual who is not a certified blaster.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-31 - Training, Examination, and Certification of Blasters › Section 69-05.2-31-04 - Training, examination, and certification of blasters -Enforcement

Current through Supplement No. 393, July, 2024
1. The commission
				may, and upon a finding of willful misconduct, will suspend or revoke the
				certification of a blaster during the term of the certification or take any
				other necessary action for any of the following reasons:
a. Noncompliance with any order of the
				commission.
b. Unlawful use in the
				work place of, or current addiction to, alcohol, narcotics, or other dangerous
				drugs.
c. Violation of any
				provision of the state or federal explosives laws or rules.
d. Providing false information or a
				misrepresentation to obtain certification.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-32 - Improvidently Issued Permits › Section 69-05.2-32-01 - Improvidently issued permits - Review procedures

Current through Supplement No. 393, July, 2024
The commission will review any permit it has reason to
				  believe was improvidently issued according to the criteria in this section. The
				  permit was improvidently issued if:
1. Under the violations review criteria of
				the regulatory program at the time the permit was issued:
a. The commission should not have issued the
				permit because of an unabated violation or a delinquent penalty or fee; or:
b. The permit was issued on the
				presumption that a notice of violation was being corrected to the satisfaction
				of the agency with jurisdiction over the violation, but a cessation order was
				subsequently issued;
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-32 - Improvidently Issued Permits › Section 69-05.2-32-02 - Improvidently issued permits - Remedial measures

Current through Supplement No. 393, July, 2024
In the event of an improvidently issued permit, the
				  commission will employ one or more of the following:
1. Implement, with the cooperation of the
				permittee or person responsible, and the responsible agency, a plan for abating
				the violation or a schedule for paying the penalty or fee.
2. Impose a permit condition requiring that
				in a reasonable period of time the permittee or other person responsible abate
				the violation or pay the penalty or fee.
3. Suspend the permit until the violation is
				abated or the penalty or fee is paid.
4. Rescind the permit according to section
				69-05.2-32-03.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-21
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-32 - Improvidently Issued Permits › Section 69-05.2-32-03 - Improvidently issued permits - Recission procedures

Current through Supplement No. 393, July, 2024
The commission will serve on the permittee a notice of
				  proposed suspension and recission which includes the reasons for finding that
				  the permit was improvidently issued. The notice will also state that:
1. The permit will automatically be suspended
				after a specified period of time not to exceed ninety days, and will be
				rescinded after an additional period of time not to exceed ninety days, unless
				within those periods the permittee submits proof and the commission finds that:
a. The commission finding under section
				69-05.2-32-01 was erroneous;
b. The permittee or other person
				responsible has abated the violation on which the finding was based, or paid
				the penalty or fee to the satisfaction of the responsible agency;
c. The violation, penalty, or fee is the
				subject of a good faith appeal, or of an abatement plan or payment schedule
				with which the permittee or other person responsible is complying to the
				satisfaction of the responsible agency; or
d. Since the finding was made, the permittee
				has severed any ownership or control link with the person responsible for, and
				does not continue to be responsible for, the violation, penalty, or fee.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Emergency" means a sudden danger or impairment that
				  presents a high probability of substantial physical harm to the health, safety,
				  or general welfare of people before the danger can be abated under normal
				  abandoned mine reclamation program procedures.
2. "Reclamation activities" means reclamation, abatement,
				  control, or prevention of adverse effects of mining.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-02 - Eligible lands and water - Bond forfeiture

Current through Supplement No. 393, July, 2024
In addition to the lands covered by North Dakota Century
				  Code section
				  38-14.2-06, lands and water are
				  eligible for reclamation activities if there is no continuing responsibility
				  for reclamation by an operator or permittee under North Dakota Century Code
				  chapter 38-14.1 as the result of bond forfeiture. Bond forfeiture will render
				  lands or water ineligible only if the amount forfeited is sufficient to pay the
				  total cost of the necessary reclamation.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-03 - Abandoned mine reclamation plan - Reclamation project evaluation - Factors

Current through Supplement No. 393, July, 2024
Proposed reclamation projects and completed reclamation work
				  shall be evaluated in terms of the factors stated in this section. The factors
				  shall be used to determine whether or not proposed reclamation will be
				  undertaken and to assign priorities to proposals intended to meet the same
				  objective under North Dakota Century Code section
				  38-14.2-07. Completed reclamation
				  shall be evaluated in terms of the factors set forth below as a means of
				  identifying conditions which should be avoided, corrected, or improved in plans
				  for future reclamation work. The factors shall include:
1. The need for reclamation work to
				accomplish one or more specific reclamation objectives as stated in North
				Dakota Century Code section
				38-14.2-07.
2. The availability of technology to
				accomplish the reclamation work with reasonable assurance of success. In the
				case of research and demonstration projects, the research capability and plans
				shall provide reasonable assurance of beneficial results without residual
				adverse impacts.
3. The specific
				benefits of reclamation which are desirable in the area in which the work will
				be carried out. Benefits to be considered include but are not limited to:
a. Protection of human life, health, or
				safety.
b. Protection of the
				environment, including air and water quality, abatement of erosion and
				sedimentation, fish, wildlife, and plant habitat, visual beauty, historic or
				cultural resources, and recreation resources.
c. Protection of public or private property.
d. Improvement of environmental
				conditions which may be considered to generally enhance the quality of human
				life.
e. Improvement of the use of
				natural resources, including postreclamation land uses which:
(1) Increase the productive capability of the
				land to be reclaimed.
(2) Enhance
				the use of surrounding lands consistent with existing land use plans.
(3) Provide for construction or
				enhancement of public facilities.
(4) Provide for residential, commercial, or
				industrial developments consistent with the needs and plans of the community in
				which the site is located.
f. Demonstration to the public and industry
				of methods and technologies which can be used to reclaim areas disturbed by
				mining.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-04 - Reclamation contracts

Current through Supplement No. 393, July, 2024
The commission may enter into any public and private
				  contractual agreements deemed necessary to effectively accomplish the purposes
				  of the abandoned mine reclamation program, including contracts for:
1. Reclamation and restoration of land and
				water resources;
2. Construction
				and construction inspection;
3.
				Operation and maintenance of facilities;
4. Planning and engineering;
5. Research and demonstration projects;
6. Extraction of remaining coal
				deposits; and
7. Such other
				purposes as the commission deems necessary.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-05 - Extraction of remaining coal deposits

Current through Supplement No. 393, July, 2024
In order to maximize resource recovery, the commission may
				  require the extraction of any remaining coal deposits in areas to be reclaimed
				  under North Dakota Century Code chapter 38-14.2, and may enter into a
				  contractual agreement with the owner of the coal, if necessary, subject to the
				  following conditions:
1. Extraction
				must be performed by a qualified contractor approved by the commission;
2. Extraction must comply with the
				applicable performance standards of North Dakota Century Code section
				38-14.1-24 as specified by the
				commission in the agreement;
3.
				Compensation may be paid to the owner of the coal, if warranted, under such
				terms and conditions as the commission may prescribe; and
4. Such other conditions as the commission
				may prescribe in the agreement.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-06 - Affected lands - Right of entry - Notice

Current through Supplement No. 393, July, 2024
The commission shall give at least five days' notice before
				  entry upon property pursuant to North Dakota Century Code section
				  38-14.2-09.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-09
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-07 - Consent to entry

Current through Supplement No. 393, July, 2024
The commission shall take all reasonable actions to obtain
				  written consent from the owner of record of the land or property to be entered
				  in advance of such entry. The consent shall be in the form of a signed
				  statement by the owner of record or the owner's authorized agent which, at a
				  minimum, includes a legal description of the land to be entered, the projected
				  nature of work to be performed on the lands, and any special conditions for
				  entry. The statement shall not include any commitment by the commission to
				  perform reclamation work nor to compensate the owner for entry.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-08,
					 38-14.2-09
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-08 - Entry for studies or exploration - Notice

Current through Supplement No. 393, July, 2024
1. If the owner of the land to be entered
				under North Dakota Century Code section
				38-14.2-08 will not provide
				consent to entry, the commission shall give notice in writing to the owner of
				its intent to enter for purposes of study and exploration to determine the
				existence of adverse effects of past coal mining or noncoal mining practices
				which may be harmful to the public health, safety, or general welfare.
2. The notice shall be by mail to
				the owner, if known, and shall include a statement of the reasons why entry is
				believed necessary.
3. If the
				owner is not known, or the current mailing address of the owner is not known,
				or the owner is not readily available, the notice shall be posted in one or
				more places on the property to be entered where it is readily visible to the
				public and advertised once in the official newspaper of each county and in
				other daily newspapers of general circulation in each county wherein the land
				lies.
4. Notice shall be given at
				least five days before entry.
5.
				Entry required to investigate and explore reported emergency conditions will be
				governed by the provisions of subsection 3 of section
				69-05.3-01-09.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-08
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-09 - Entry for emergency reclamation

Current through Supplement No. 393, July, 2024
1. The commission, its agents, employees, or
				contractors shall have the right to enter upon any land where an emergency
				exists and on any other land to have access to the land where the emergency
				exists to restore, reclaim, abate, control, or prevent the adverse effects of
				past coal mining or noncoal mining practices and to do all things necessary or
				expedient to protect the public health, safety, or general welfare.
a. An emergency exists constituting a danger
				to the public health, safety, or general welfare.
b. Emergency restoration, reclamation,
				abatement, control, or prevention of adverse effects of past coal mining or
				noncoal mining is necessary.
c. No
				other person or agency will act expeditiously to restore, reclaim, abate,
				control, or prevent the adverse effects of past coal mining or noncoal mining
				practices.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-10 - Land acquisition - Limitations

Current through Supplement No. 393, July, 2024
The commission shall acquire only such interests in land
				  under North Dakota Century Code section
				  38-14.2-10 as are necessary for
				  the reclamation work planned or the postreclamation use of the land. Interests
				  in improvements on the land, mineral rights, or associated water rights may be
				  acquired if:
1. Such interests are
				necessary to the reclamation work planned or the postreclamation use of the
				land; and
2. Adequate written
				assurances cannot be obtained from the owner of the severed interest that
				future use of the severed interest will not be in conflict with the reclamation
				to be accomplished.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-10
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-11 - Land acquisition - Procedures

Current through Supplement No. 393, July, 2024
1. An appraisal of the fair market value of
				all land or interest in land to be acquired shall be obtained by the commission
				from an independent professional appraiser. The appraisal shall be acknowledged
				before a notary public or other officer authorized by law to administer oaths
				and shall state the fair market value of the land as adversely affected by past
				coal or noncoal mining and shall otherwise conform to generally accepted
				appraisal practices.
2. When
				practical, acquisition shall be by purchase from a willing seller. The amount
				paid for interests acquired shall reflect the fair market value of the
				interests as adversely affected by past coal or noncoal mining.
3. When necessary, land or interests in land
				may be acquired by condemnation pursuant to the procedures of North Dakota
				Century Code chapter 32-15 and other laws governing eminent domain.
				Condemnation procedures shall not be started until all reasonable efforts have
				been made to purchase the land or interest in land from a willing seller.
4. The provisions of the Uniform
				Relocation Assistance and Real Property Acquisition Policies Act of 1970 [ Pub.
				L. 91-646; 42 U.S.C.
				4601 et seq.] shall be followed for all real
				property acquisitions and on relocation of persons, businesses, and farms.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-10
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-12 - Acceptance of gifts of land

Current through Supplement No. 393, July, 2024
1. The
				commission may accept donations of title to land or interest in land that is
				necessary for reclamation activities.
2. A donation shall not be accepted if the
				terms and conditions of acceptance are inconsistent with the objectives or
				requirements of the abandoned mine reclamation program or North Dakota Century
				Code chapter 38-14.2.
3. Offers to
				make a gift of such land or interest in land shall be in writing and shall
				comply with the provisions of North Dakota Century Code section
				1-08-04.
4. If the offer is accepted, a deed of
				conveyance shall be executed, acknowledged, and recorded. The deed shall state
				that it is made "as a gift under North Dakota Century Code chapter 38-14.2."
				Title to donated land shall be in the name of the state of North Dakota.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-10
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-13 - Management of acquired lands

Current through Supplement No. 393, July, 2024
1. Land
				acquired by the commission under North Dakota Century Code section
				38-14.2-10 may be used pending
				disposition for any lawful purpose that is not inconsistent with the
				reclamation activities and postreclamation uses for which it was acquired.
2. Any user of land acquired under
				this chapter shall be charged a use fee. The fee shall be determined on the
				basis of the fair market value of the benefits granted to the user, charges for
				comparable uses within the surrounding area, or the costs to the commission for
				providing the benefit, whichever is appropriate. The commission may waive the
				fee if it is found in writing that such a waiver is in the public interest.
3. All use fees shall be deposited
				in the state abandoned mine reclamation fund, after expenditures for
				maintenance have been deducted.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-04,
					 38-14.2-10
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-14 - Disposition of acquired lands

Current through Supplement No. 393, July, 2024
1. Prior
				to the disposition of any land acquired under North Dakota Century Code section
				38-14.2-10, the commission shall:
a. Publish a notice which describes the
				proposed disposition of the land in the official newspaper of each county and
				in other daily newspapers of general circulation in each county wherein the
				land lies once a week for four successive weeks.
(1) The notice shall provide at least thirty
				days for public comment and state where copies of plans for disposition of the
				land may be obtained or reviewed and the address to which comments on the plans
				should be submitted.
(2) The
				notice shall also state that a public hearing will be held if requested by any
				person.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.3 - Abandoned Mine Land Reclamation › Chapter 69-05.3-01 - Abandoned Mine Land Reclamation › Section 69-05.3-01-15 - Appraisals

Current through Supplement No. 393, July, 2024
1. An appraisal of
				the fair market value of land to be reclaimed which may be subject to a lien
				shall be obtained by the commission from an independent professional appraiser.
				The appraisal shall be acknowledged before a notary public or other officer
				authorized by law to administer oaths and shall conform to generally accepted
				appraisal practices. The appraisal shall be obtained before any reclamation
				activities are started, unless the work must start without delay to abate an
				emergency. If work must start because of an emergency, the appraisal shall be
				completed at the earliest practical time and before related nonemergency work
				is commenced. The appraisal shall state the fair market value of the land as
				adversely affected by past coal or noncoal mining.
2. An appraisal of the fair market value of
				all land reclaimed shall be obtained after all reclamation activities have been
				completed. The appraisal shall be obtained in accordance with subsection 1 and
				shall state the market value of the land as reclaimed.
3. The landowner, if known, shall be provided
				with a statement of the increase in market value, an itemized statement of
				reclamation expenses, and notice that a lien is being or has been filed in
				accordance with North Dakota Century Code section
				38-14.2-14.
4. Appraisals for land which fall under
				subdivisions a, b, and c of subsection 1 of North Dakota Century Code section
				38-14.2-14 may be obtained from
				either an independent or staff professional appraiser.
General Authority: NDCC
					 38-14.2-03
Law Implemented: NDCC
					 38-14.2-07,
					 38-14.2-14
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-01 - General Provisions › Section 69-06-01-02 - Procedure for public hearings

Current through Supplement No. 393, July, 2024
1.
Rulemaking hearings.
A public hearing consistent with the rulemaking
				provisions of North Dakota Century Code chapter 28-32 must be held prior to the
				adoption, amendment, or repeal of a rule.
2.
Revocation or suspension hearings.
A public hearing consistent with the complaint provisions of North
				Dakota Century Code chapter 28-32 must be held on the revocation or suspension
				of a certificate or permit. Notice of the public hearing must be given by the
				commission by publication in the official newspaper of the county where the
				hearing will be held and in the official newspaper of all counties in which any
				part of an affected facility is located.
3.
Application hearings.
One or
				more public hearings must be held on an application for a certificate or a
				permit in each county in which any part of the site, corridor, or route is
				proposed to be located; provided, that the commission may consolidate the
				county hearings. The notice of a hearing on an application for a certificate of
				corridor compatibility for a transmission facility must include a map depicting
				the proposed corridor and study area. The notice of a hearing on an application
				for a route permit must include a map depicting the corridor and the location
				of the proposed route and any proposed alternative routes. Notice of each
				hearing must be given by the commission at least twenty days prior to the
				hearing, as follows:
a. By publication in the
				official newspaper of each county in which any part of the site, corridor, or
				route is proposed to be located, whether the hearings are consolidated or not,
				and in such other newspapers that the commission may determine to be
				appropriate.
b. By mail or
				electronic mail to the following persons in each county in which any part of
				the site, corridor, or route is proposed to be located:
(1) The chairman of the board of county
				commissioners.
(2) The county
				auditor.
(3) The chief executive
				officer of each city in the county on an application for a certificate for an
				energy conversion facility.
(4) The
				chief executive officer of each city within a corridor on an application for a
				certificate or permit for a transmission facility.
c. By mail or electronic mail to any state or
				federal agency listed in section
				69-06-01-05.
d. By mail or electronic mail to all
				parties.
e. By mail or electronic
				mail to the state senators and representatives of each legislative district in
				which any part of the site, corridor, or route is proposed to be
				located.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-01 - General Provisions › Section 69-06-01-03 - Advisory committees

Current through Supplement No. 393, July, 2024
1.
Public representatives.
Persons appointed to an advisory committee to
				advise and assist the commission in the evaluation of a site or corridor who
				are to serve as representatives of a city or a county shall be deemed to be the
				public representatives on that committee.
2.
Meetings.
Committee meetings
				must be scheduled at the discretion of the commission. All meetings of an
				advisory committee must be open to the public, and public notice shall be given
				of the time and place of each meeting. All committee meetings must be conducted
				in an informal manner by the commission or its representative, and members of
				the public and the applicant shall be afforded a reasonable opportunity to
				participate in the proceedings.
3.
Term.
All members of an advisory committee serve at the pleasure
				of the commission.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-14
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-01 - General Provisions › Section 69-06-01-04 - Application

Current through Supplement No. 393, July, 2024
1.
Time.
The time in which the commission is required to act in response to an
				application does not commence until the commission notifies the applicant in
				writing that the application is complete.
2.
Complete application.
An
				application for a certificate or permit will be deemed complete when the
				commission determines the application contains sufficient information and
				supporting documentation to enable the commission to process the
				application.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-08,
					 49-22-08.1