reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-21 - Performance Standards - Backfilling and Grading › Section 69-05.2-21-07 - Performance standards - Backfilling and grading -Stabilizing rills and gullies

Current through Supplement No. 393, July, 2024
When rills and gullies form in areas that have been
				  regraded, the rills and gullies must be filled, graded, or otherwise stabilized
				  as required by the commission prior to respreading suitable plant growth
				  material or when necessary to minimize erosion of the regraded spoil.
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 69-05.2-22 - Performance Standards - Revegetation › Section 69-05.2-22-01 - Performance standards - Revegetation - General requirements

Current through Supplement No. 393, July, 2024
The permittee shall establish a diverse, effective, and
				  permanent vegetative cover of the same seasonal variety native to the area for
				  all disturbed areas, except water areas, surface areas of roads, and other
				  facilities that are approved as a part of the postmining land use, or shall
				  plant species that will support the approved postmining land use. Species
				  planted must be compatible with plant and animal species of the area, meet the
				  requirements of applicable state and federal seed and introduced species laws,
				  and must not be poisonous or noxious. The postmining vegetative cover must be
				  capable of stabilizing the soil surface from erosion and will be considered of
				  the same seasonal variety when it consists of a mixture of species of equal or
				  superior utility for the approved postmining land use when compared to the
				  utility of vegetation existing prior to mining during each season of the year.
				  If the postmining land use is cropland, planting of the crops normally grown
				  will meet this requirement. The commission may approve the substitution of
				  introduced species only if appropriate field trials have demonstrated that the
				  introduced species are desirable and necessary to achieve the approved
				  postmining land use. Lands that have been approved for postmining agricultural
				  uses must be returned to productivity levels equal to or exceeding that of
				  unmined agricultural lands in the surrounding area under equivalent management
				  practices.
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 69-05.2-22 - Performance Standards - Revegetation › Section 69-05.2-22-02 - Performance standards Revegetation Methods

Current through Supplement No. 393, July, 2024
1. All revegetation must be carried out in
				accordance with the approved reclamation plan.
2. When the approved postmining land use is
				tame pastureland, the permittee shall seed or plant species of introduced
				grasses and legumes adapted to the local site conditions and capable of
				supporting grazing and occasional haying under proper management.
3. When the approved postmining land use is
				native grassland, the species of grasses, legumes, forbs, half-shrubs, or
				shrubs seeded or planted and their pattern of distribution must be selected by
				the permittee to provide a diverse, effective, and permanent vegetative cover
				with seasonal variety, succession, and regenerative capabilities native to the
				area.
4. When the approved
				postmining land use is woodland or fish and wildlife habitat where the
				vegetation type is woodland, the permittee shall plant woody species adapted
				for local site conditions and climate, in combination with a cover of grains,
				grasses, legumes, or forbs to provide a diverse, effective, and permanent
				vegetative cover with the seasonal variety, succession, and regenerative
				capabilities native to the area. Approval of species composition, minimum
				stocking, spacing and planting arrangements of trees, shrubs, half-shrubs, and
				ground cover will be based on local and regional recommendations following
				consultation with the state game and fish department, state forester, and the
				natural resource conservation service.
5. When the approved postmining land use is
				shelterbelt, the permittee shall plant woody species adapted for local site
				conditions and climate. Understory vegetation must be controlled until it no
				longer interferes with the growth of woody species. The stocking of trees and
				shrubs must follow current standards and specifications developed by the
				natural resource conservation service for farmstead and field windbreaks in
				North Dakota or others approved by the commission.
6. When fish and wildlife habitat is included
				in the postmining land use, the permittee shall consult with appropriate state
				wildlife and land management agencies and shall select those plant species that
				will fulfill the needs of wildlife for food and cover. Plant groupings and
				water resources must be appropriately spaced and distributed.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24,
					 38-14.1-42
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-22 - Performance Standards - Revegetation › Section 69-05.2-22-04 - Performance standards - Revegetation - Timing

Current through Supplement No. 393, July, 2024
Seeding and planting of disturbed areas must be conducted
				  during the first normal period for favorable planting conditions after suitable
				  plant growth materials have been spread. The normal period for favorable
				  planting is that planting time generally accepted locally for the type of plant
				  materials selected.
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 69-05.2-22 - Performance Standards - Revegetation › Section 69-05.2-22-05 - Performance standards - Revegetation - Mulching and other soil stabilizing practices

Current through Supplement No. 393, July, 2024
1.
				Mulching or other soil stabilizing practices must be used on all regraded and
				topsoiled areas to control erosion, promote germination of seeds, or increase
				the moisture-retention capacity of the soil. The commission may, on a
				case-by-case basis, suspend the requirement for mulch if the permittee can
				demonstrate that alternative procedures will achieve the requirements of
				section 69-05.2-22-07 and do not cause or
				contribute to air or water pollution.
2. When required by the commission, mulches
				must be mechanically or chemically anchored to the soil surface to assure
				effective protection of the soil and vegetation.
3. Annual grasses and grains may be used
				alone or in conjunction with another mulch when the commission determines that
				they will provide adequate soil erosion control and will later be replaced by
				species approved for the postmining land use.
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 69-05.2-22 - Performance Standards - Revegetation › Section 69-05.2-22-06 - Performance standards - Revegetation - Grazing

Current through Supplement No. 393, July, 2024
Livestock grazing will not be allowed on revegetated land
				  until the seedlings are established and can sustain managed grazing. No grazing
				  will be permitted unless the grazing and stocking capacity is agreed to by the
				  commission, the permittee, and the landowner or the governmental land managing
				  agency having jurisdiction over the surface.
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 69-05.2-22 - Performance Standards - Revegetation › Section 69-05.2-22-08 - Performance standards - Revegetation - Tree and shrub stocking for woodlands [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-23 - Performance Standards - Postmining Land Use › Section 69-05.2-23-01 - Performance standards - Postmining land use -Determining premining land use

Current through Supplement No. 393, July, 2024
1. The postmining
				land use must be compared to those uses the land previously supported under
				proper management unless the land has been previously mined and not reclaimed.
2. The postmining land use for
				land that has been previously mined and not reclaimed must be judged on the
				basis of the land use that existed prior to any mining. However, if the land
				cannot be reclaimed to the land use that existed prior to any mining because of
				the previously mined condition, the postmining land use must be judged on the
				basis of the highest and best use that can be achieved which is compatible with
				surrounding areas and does not require the disturbance of areas previously
				unaffected by mining.
3. If the
				premining use of the land was changed within five years of beginning of mining,
				the comparison of postmining use to premining use must also include the
				historic use of the land preceding mining.
General Authority: NDCC
					 38-14.1-08,
					 38-14.1-24
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 69-05.2-23 - Performance Standards - Postmining Land Use › Section 69-05.2-23-02 - Performance standards - Postmining land use - Land use categories

Current through Supplement No. 393, July, 2024
Land use is categorized as follows:
1. Cropland.
2. Tame pastureland.
3. Native grassland.
4. Woodland.
5. Fish and wildlife habitat.
6. Developed water resources.
7. Recreation.
8. Residential.
9. Industrial and commercial.
10. Shelterbelts.
General Authority: NDCC
					 38-14.1-03,
					 38-14.1-24
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 69-05.2-23 - Performance Standards - Postmining Land Use › Section 69-05.2-23-03 - Performance standards - Postmining land use - Criteria for approving alternative postmining land uses

Current through Supplement No. 393, July, 2024
An alternative postmining land use may be approved by the
				  commission, after consulting the landowner or the land management agency having
				  jurisdiction over state or federal lands, if the following criteria are met:
1. There is reasonable likelihood the
				use will be achieved.
2. The use
				does not present an actual or probable hazard to public health or safety, or
				threat of water diminution or pollution.
3. The use will not:
a. Be impractical;
b. Be inconsistent with applicable land use
				policies or plans;
c. Involve
				unreasonable delay in implementation; or
d. Cause or contribute to violation of
				federal, state, or local law.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-24 - Performance Standards - Roads - Other Transportation Facilities - Support Facilities › Section 69-05.2-24-01 - Performance standards - Roads - General requirements

Current through Supplement No. 393, July, 2024
1. Each
				road, as defined in subsection 93 of section
				69-05.2-01-02, must be classified
				as either a primary or ancillary road.
a. A
				primary road is any road which is:
(1) Used
				for transporting coal or commercial leonardite or spoil;
(2) Frequently used for access or other
				purposes for a period in excess of six months; or
(3) To be retained for an approved postmining
				land use.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-24 - Performance Standards - Roads - Other Transportation Facilities - Support Facilities › Section 69-05.2-24-03 - Performance standards - Roads Design and construction of primary roads

Current through Supplement No. 393, July, 2024
Primary roads must meet the requirements of section
				  69-05.2-24-01 and the additional
				  requirements of this section.
1. The
				construction or reconstruction of primary roads must be certified in a report
				to the commission by a qualified registered professional engineer with
				experience in the design and construction of roads. The report must indicate
				that the primary road has been constructed or reconstructed as designed and in
				accordance with the approved plan.
2. Each primary road embankment must have a
				minimum static factor of safety of 1.3.
3. To minimize erosion, a primary road must
				be located, insofar as is practicable, on the most stable available surface.
4. Fords of perennial or
				intermittent streams by primary roads are prohibited unless they are
				specifically approved by the commission as temporary routes during periods of
				road construction.
5. In
				accordance with the approved plan, all primary roads must:
a. Be constructed or reconstructed and
				maintained to have adequate drainage control, using structures such as bridges,
				ditches, cross drains, and ditch relief drains. The drainage control system
				must be designed to safely pass the peak runoff from a ten-year, six-hour
				precipitation event, or greater event as specified by the commission.
b. Have drainage pipes and
				culverts installed as designed. Both must be maintained in a free and operating
				condition and erosion at inlets and outlets must be prevented or controlled.
c. Have drainage ditches
				constructed and maintained to prevent uncontrolled drainage over the road
				surface and embankment.
d. Have
				culverts installed and maintained to sustain the vertical soil pressure, the
				passive resistance of the foundation, and the weight of vehicles using the
				road.
e. Not alter or relocate
				natural stream channels unless specifically approved by the commission under
				section 69-05.2-16-20 and all other
				applicable requirements of 69-05.2-16 are met.
f. Except as provided by subsection 4,
				construct perennial or intermittent stream channel crossings using bridges,
				culverts, low-water crossings, or other structures designed, constructed, and
				maintained using current, prudent engineering practices. The commission will
				ensure that low-water crossings are designed, constructed, and maintained to
				prevent erosion of the structure or streambed and additional contributions of
				suspended solids to streamflow.
g.
				Be surfaced with material approved by the commission as being sufficiently
				durable for the anticipated volume of traffic and the weight and speed of
				vehicles using the road.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-24 - Performance Standards - Roads - Other Transportation Facilities - Support Facilities › Section 69-05.2-24-07 - Performance standards - Roads - Restoration

Current through Supplement No. 393, July, 2024
1. Unless the commission approves retention
				of a road as suitable for the approved postmining land use, immediately after
				the road is no longer needed for mining and reclamation operations:
a. The road must be closed to vehicular
				traffic;
b. The natural-drainage
				patterns must be restored;
c. All
				bridges and culverts must be removed;
d. Roadbeds must be ripped, plowed, and
				scarified;
e. Cut and fill areas
				must be graded in accordance with section
				69-05.2-21-02;
f. Cross drains, dikes, and water bars must
				be constructed to minimize erosion; and
g. Disturbed surfaces must be covered with
				suitable plant growth material in accordance with section
				69-05.2-15-04 and revegetated in
				accordance with 69-05.2-22.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-24 - Performance Standards - Roads - Other Transportation Facilities - Support Facilities › Section 69-05.2-24-08 - Performance standards - Other transportation facilities

Current through Supplement No. 393, July, 2024
Railroad loops, spurs, sidings, surface conveyor systems,
				  chutes, aerial tramways, or other transportation facilities must be designed,
				  constructed or reconstructed, and maintained, and the area restored, to:
1. Control and minimize diminution or
				degradation of water quality and quantity;
2. Control and minimize erosion and
				siltation;
3. Control and minimize
				air pollution; and
4. Prevent
				damage to public or private property.
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 69-05.2-24 - Performance Standards - Roads - Other Transportation Facilities - Support Facilities › Section 69-05.2-24-09 - Performance standards - Support facilities and utility installations

Current through Supplement No. 393, July, 2024
1. Support
				facilities required for, or used incidentally to, the operation of the mine,
				including mine buildings, coal or commercial leonardite loading facilities at
				or near the minesite, coal or commercial leonardite storage facilities,
				equipment storage facilities, fan buildings, hoist buildings, preparation
				plants, sheds, shops, and other buildings, must be designed, constructed or
				reconstructed, and located to prevent or control erosion and siltation, water
				pollution, and damage to public or private property.
2. All surface mining activities must be
				conducted in a manner which minimizes damage, destruction, or disruption of
				services provided by oil, gas, and water wells; oil, gas, and coal-slurry
				pipelines; railroads; electric and telephone lines; and water and sewage lines
				which pass over, under, or through the permit area, unless otherwise approved
				by the owner of those facilities and the commission.
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 69-05.2-25 - Performance Standards - Operations in Alluvial Valley Floors › Section 69-05.2-25-01 - Performance standards - Alluvial valley floors - Essential hydrologic functions

Current through Supplement No. 393, July, 2024
1. The
				essential hydrologic functions of alluvial valley floors not within an affected
				area must be preserved by maintaining the geologic, hydrologic, and biologic
				characteristics that support those functions.
2. Surface coal mining and reclamation
				operations must be conducted to reestablish the essential hydrologic functions
				of alluvial valley floors within an affected area by reconstructing the
				geologic, hydrologic, and biologic characteristics that support those
				functions.
3. The characteristics
				are those identified in section
				69-05.2-09-16 and others
				identified during premining investigations or monitoring conducted during the
				operation.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-21,
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-25 - Performance Standards - Operations in Alluvial Valley Floors › Section 69-05.2-25-02 - Performance standards - Alluvial valley floors - Protection of agricultural uses

Current through Supplement No. 393, July, 2024
Surface coal mining and reclamation operations must be
				  conducted to ensure that the agricultural utility and the level of productivity
				  of alluvial valley floors in affected areas are reestablished.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-21,
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-25 - Performance Standards - Operations in Alluvial Valley Floors › Section 69-05.2-25-03 - Performance standards - Alluvial valley floors -Monitoring

Current through Supplement No. 393, July, 2024
1. An environmental
				monitoring system must be installed, maintained, and operated by the permittee
				on all alluvial valley floors during operations and continued until all bonds
				are released. The monitoring system must provide sufficient information to
				allow the commission to determine that:
a.
				The agricultural utility and production of the alluvial valley floor not within
				the affected area are being preserved.
b. The potential agricultural utility and
				production on the alluvial valley floor within the affected area have been
				reestablished.
c. The important
				characteristics supporting the essential hydrologic functions of an alluvial
				valley floor in the affected area have been reestablished.
d. The important characteristics supporting
				the essential hydrologic functions of an alluvial valley floor in areas not
				affected are preserved during and after mining.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-25 - Performance Standards - Operations in Alluvial Valley Floors › Section 69-05.2-25-04 - Performance standards - Alluvial valley floors - Protection of farming and water supplies

Current through Supplement No. 393, July, 2024
1. If environmental
				monitoring shows that a mining operation is responsible for interrupting,
				discontinuing, or precluding farming on alluvial valley floors, or is causing
				material damage to water that supplies alluvial valley floors, the operation
				must cease until remedial measures are taken by the operator. The remedial
				measures must be approved by the commission prior to the resumption of
				mining.
2. Paragraphs 1 and 2 of
				subdivision e of subsection 3 of North Dakota Century Code section
				38-14.1-21 do not apply to lands
				identified in a reclamation plan approved by the commission prior to July 1,
				1979, for any operation that, in the year preceding July 1, 1979:
a. Produced coal or commercial leonardite in
				commercial quantities and was located within or adjacent to an alluvial valley
				floor; or
b. Obtained specific
				permit approval to conduct operations within an alluvial valley
				floor.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-26 - Performance Standards - Prime Farmland › Section 69-05.2-26-02 - Performance standards - Prime farmland - Soil removal

Current through Supplement No. 393, July, 2024
For all prime farmlands to be mined, in addition to
				  satisfying subdivisions a and b of subsection 6 of North Dakota Century Code
				  section 38-14.1-24 and the applicable
				  requirements of section
				  69-05.2-15-02, the operator or
				  permittee shall ensure that the minimum thickness of soil and soil material to
				  be removed for use in reconstruction of prime farmland soils is sufficient to
				  meet the soil replacement requirements of section
				  69-05.2-26-04.
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 69-05.2-26 - Performance Standards - Prime Farmland › Section 69-05.2-26-03 - Performance standards - Prime farmland - Soil stockpiling

Current through Supplement No. 393, July, 2024
If stockpiling is approved in lieu of immediate
				  redistribution, the prime farmland topsoil and subsoil must be stockpiled
				  separately from each other. Stockpiles must be protected according to section
				  69-05.2-15-03.
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 69-05.2-26 - Performance Standards - Prime Farmland › Section 69-05.2-26-04 - Performance standards - Prime farmland - Soil replacement

Current through Supplement No. 393, July, 2024
In addition to meeting the applicable requirements of
				  section 69-05.2-15-04, the operator shall
				  replace soil materials on areas to be reconstructed as prime farmland according
				  to the following:
1. The suitable
				plant growth materials must be respread over areas that have a landscape
				configuration similar to that which existed in the prime farmland areas prior
				to mining.
2. The minimum
				thickness of suitable plant growth material to be reconstructed for prime
				farmland must be forty-eight inches [1.22 meters], or a thickness which is
				equal to the depth of the original soil profile up to a subsurface horizon
				which inhibits root penetration, whichever is shallower. The commission will
				specify a thickness greater than forty-eight inches [1.22 meters] wherever
				necessary to restore productive capacity due to uniquely favorable soil
				horizons at greater depths. Soil horizons are considered as inhibiting root
				penetration if their densities, chemical properties, or water supplying
				capacities restrict or prevent penetration by roots of plants common to the
				vicinity of the permit area and have little or no beneficial effect on soil
				productive capacity.
3. Replace
				the suitable plant growth materials in a manner that avoids excessive
				compaction.
4. Replace the subsoil
				materials specified in section
				69-05.2-26-02 to the thickness
				needed to meet the requirements of subsection 2.
5. Replace the topsoil materials specified in
				section 69-05.2-26-02 as the final surface
				soil layer. The thickness of the topsoil layer must be the approximate average
				of the materials saved.
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 69-05.2-26 - Performance Standards - Prime Farmland › Section 69-05.2-26-06 - Performance standards - Prime farmland - Exemptions

Current through Supplement No. 393, July, 2024
This chapter does not apply to:
1. Lands on which surface coal mining and
				reclamation operations are conducted under any permit issued before July 1,
				1979.
2. Lands on which surface
				coal mining and reclamation operations are conducted under any renewal or
				revision of a permit issued before July 1, 1979.
3. Lands included in any existing surface
				coal mining operations for which a permit was issued for all or any part before
				July 1, 1979; provided that:
a. The lands are
				part of a single continuous mining operation begun under a permit issued before
				July 1, 1979.
b. The permittee had
				a legal right to mine the lands before July 1, 1979, through ownership,
				contract, or lease but not including an option to buy, lease, or
				contract.
c. The lands contain part
				of a continuous recoverable coal or commercial leonardite seam that was being
				mined in a single continuous mining operation begun under a permit issued prior
				to July 1, 1979.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-27 - Requirements for Research Plots and Permits for Experimental Surface Coal Mining and Reclamation Operations › Section 69-05.2-27-01 - Research plots

Current through Supplement No. 393, July, 2024
Any agency or authorized organization wishing to establish
				  experimental or evaluation plots of any kind on mined land prior to the release
				  of bond shall obtain the written approval of the commission and the operator.
				  Landowner approval need be obtained only if the anticipated life of the plot
				  will extend beyond the time at which bond release for the permit area is
				  sought. Applicants shall state the objectives sought, the methods proposed to
				  be used, the amount of land required, and duration of the proposed research.
				  The applicant shall also agree to submit a yearly progress report and a final
				  report to both the commission and the operator. Once the experimental work has
				  ended, the acreage must be returned to acceptable state reclamation
				  requirements. The operator is to assume the costs of bringing the land used for
				  experimental plots to a condition that will meet the reclamation requirements
				  unless the operator obtains written assurance from the agency or organization
				  of that entity's intent and ability to reclaim.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-03,
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-01 - Inspection and enforcement - Requests for inspections

Current through Supplement No. 393, July, 2024
1. A person may request an inspection of a
				surface coal mining and reclamation operation by filing a signed, written
				statement, or making an oral report followed by filing a signed, written
				statement, which gives the commission reason to believe that any requirement of
				North Dakota Century Code chapter 38-14.1, this article, or any permit
				condition, has not been complied with, and including the person's telephone
				number and address.
2. The
				identity of any person supplying information to the commission relating to a
				possible violation or imminent danger or harm will remain confidential, if
				requested by that person, unless that person elects to accompany the inspector
				on the inspection, or unless disclosure is required by a court.
3. The commission will notify the person of
				when the inspection is to occur as far in advance of the inspection as
				possible. The person may accompany the inspector on the inspection. The person
				has a right of entry to, upon, and through the operation, but only in the
				presence of and under the control, direction, and supervision of the inspector.
4. Within ten days of the
				inspection, or, if there is no inspection, within fifteen days of receipt of
				the person's written statement, the commission will send the person the
				following by certified mail:
a. If an
				inspection was made, a description of the enforcement action taken, which may
				consist of copies of the inspection report and all notices of violation and
				cessation orders issued as a result of the inspection, or, an explanation of
				why no enforcement action was taken.
b. If no inspection was conducted, an
				explanation of the reason.
c. An
				explanation of the person's right, if any, to informal review of the action or
				inaction of the commission.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-02 - Inspection and enforcement - Review of decision not to inspect or enforce - Review of adequacy and completeness of inspections

Current through Supplement No. 393, July, 2024
1. 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.
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 69-05.2-28-03 - Inspection and enforcement - Cessation order -Affirmative relief - Modification - Vacation - Termination - Notice to owners and controllers

Current through Supplement No. 393, July, 2024
1. If a cessation
				ordered under subdivision a of subsection 1 of North Dakota Century Code
				section 38-14.1-28 will not completely
				abate the imminent danger or harm as quickly as possible, the commission or its
				authorized representative will impose affirmative obligations on the operator
				or permittee to abate the condition, practice, or violation. The cessation
				order will specify the timetable for abatement and any interim steps. The
				cessation order may also require the use of existing or additional personnel
				and equipment.
2. Reclamation
				operations and related activities must continue while a cessation order is in
				force unless otherwise provided in the order.
3. The commission or its authorized
				representative may modify, terminate, or vacate a cessation order for good
				cause and may extend the time for abatement if failure to abate was not caused
				by lack of diligence by the permittee or operator.
4. The commission or its authorized
				representative will terminate a cessation order by written notice when all
				conditions, practices, or violations listed in the order are abated.
5. Termination of a cessation order does not
				affect the commission's right to assess civil penalties for the violation,
				condition, or practice for which the order was issued.
6. Surface coal mining operations conducted
				without a valid permit constitute a condition or practice which causes or can
				reasonably be expected to cause significant imminent environmental harm to
				land, air, or water resources, unless the operations are an integral,
				uninterrupted extension of previously permitted operations, and the person
				conducting them has filed a timely and complete permit application.
7. Within sixty days after issuing a
				cessation order, the commission will notify in writing any person identified
				under subsection 3 of section
				69-05.2-10-05 and subdivisions e
				and f of subsection 1 of section
				69-05.2-06-01 as owning or
				controlling the permittee, that the cessation order was issued and that the
				person has been identified as an owner or controller.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-28
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 69-05.2-28-04 - Inspection and enforcement - Cessation order - Informal minesite hearing

Current through Supplement No. 393, July, 2024
1. A notice of
				violation which requires cessation of mining either expressly or by necessary
				implication or any cessation order issued under subsection 1 of North Dakota
				Century Code section
				38-14.1-28 will expire within
				thirty days of actual notice to the operator or permittee unless an informal
				public minesite hearing is held within that time. An informal public minesite
				hearing will be automatically scheduled by the commission and held within
				thirty days of the issuance of the cessation order unless the hearing is
				waived, in writing, by the operator or permittee.
2. The informal public minesite hearing will
				be held at or reasonably close to the minesite in order to allow viewings of
				the site during the hearing, or at any other location acceptable to the
				commission and the operator or permittee.
3. A notice of violation or cessation order
				will not expire as provided in subsection 1, if the condition, practice, or
				violation in question has been abated or if the informal public minesite
				hearing has been waived.
4. The
				commission will give as much advance notice as is practicable of the time,
				place, and subject of the informal public minesite hearing to:
a. The operator or permittee; and
b. Any person who filed a report which led to
				the issuance of that notice of violation or cessation order.
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 69-05.2-28-05 - Inspection and enforcement - Notice of violation -Remedial measures - Modification - Vacation - Termination

Current through Supplement No. 393, July, 2024
1. A
				notice of violation issued under subdivision b of subsection 1 of North Dakota
				Century Code section
				38-14.1-28 may include any
				remedial action required, interim steps, if appropriate, and the time for
				accomplishment of any interim steps.
2. The commission or its authorized
				representative may modify, vacate, or terminate a notice of violation for good
				cause.
3. The commission or its
				authorized representative will terminate a notice of violation by written
				notice when all violations listed in the notice are abated.
4. Termination of a notice of violation does
				not affect the commission's right to assess civil penalties for the violation
				for which the notice was issued.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-28
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 69-05.2-28-06 - Inspection and enforcement - Notice of violation -Extension of abatement period

Current through Supplement No. 393, July, 2024
The commission or its authorized representative may extend
				  the time for abatement or for accomplishment of an interim step, if the failure
				  to meet the time previously set was not caused by lack of diligence on the part
				  of the permittee or operator. The total time for abatement may not exceed
				  ninety days from the date of issuance.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-28
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 69-05.2-28-07 - Inspection and enforcement - Cessation order or notice of violation - Inability to comply

Current through Supplement No. 393, July, 2024
1. Inability to
				comply will not be considered grounds for vacating a cessation order or notice
				of violation.
2. Inability to
				comply may not be considered in determining whether a pattern of violations
				exists.
3. Unless caused by lack
				of diligence, inability to comply may be considered only in mitigation of the
				amount of civil penalty and of the duration of permit suspension.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-28,
					 38-14.1-30,
					 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 69-05.2-28-08 - Inspection and enforcement - Suspension or revocation of permits - Pattern of violations

Current through Supplement No. 393, July, 2024
1. 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.
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 69-05.2-28-09 - Inspection and enforcement - Suspension or revocation of permits - Orders to show cause

Current through Supplement No. 393, July, 2024
1. The commission
				may decline to issue an order to show cause, or may vacate an outstanding order
				to show cause, if the commission finds that, taking into account exceptional
				factors present, it would be demonstrably unjust to issue or to fail to vacate
				the order to show cause. The basis for this finding must be fully explained and
				documented in the records of the case.
2. Following the public hearing on an order
				to show cause, the commission may issue an order suspending a permit.
a. The order for permit suspension may be for
				a fixed or an indefinite term and include conditions for reinstatement.
b. A permit may be reinstated upon
				completion of a fixed term, provided the permittee demonstrates compliance with
				any conditions for reinstatement. If the permittee has not complied with the
				conditions, the commission may extend the suspension for an additional fixed
				term, suspend the permit indefinitely, or institute proceedings for revocation.
c. If a permit has been
				indefinitely suspended, the permittee may request reinstatement at any time.
				The commission may reinstate the permit, provided the permittee demonstrates
				compliance with any conditions for reinstatement.
d. The commission may, at any time and on its
				own motion, reinstate a permit that has been indefinitely suspended, or,
				institute proceedings for revocation.
e. Permit suspension shall not result in bond
				forfeiture unless the permit is subsequently revoked.
f. Reclamation operations, except as
				specified by the commission, must continue during suspension. However, all
				mining operations within the permit area must cease until the permit is
				reinstated.
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 69-05.2-28-10 - Inspection and enforcement - Minesite hearing on requests for temporary relief

Current through Supplement No. 393, July, 2024
A minesite hearing will be held on all requests for
				  temporary relief filed under subsection 4 of North Dakota Century Code section
				  38-14.1-30 before relief may be
				  granted. Temporary relief will not be granted if the provisions of subdivisions
				  b and c of subsection 4 of North Dakota Century Code section
				  38-14.1-30 have not been met. If
				  the commission and all parties agree, the hearing may be held at a location
				  other than at the minesite.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-30
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 69-05.2-28-11 - Inspection and enforcement - Inspections and monitoring - Filing requirements

Current through Supplement No. 393, July, 2024
1. Copies
				of all records, reports, inspection materials, or information required by
				subsection 5 of North Dakota Century Code section
				38-14.1-27 prepared by the
				commission, operator, or permittee must be promptly filed by the preparer in
				the county auditor's office where the operations occur.
2. Copies of all records, reports, inspection
				materials, or information obtained by the commission will be made immediately
				available to the public until at least five years after final bond release,
				except for information exempt from disclosure under subsection 3 of North
				Dakota Century Code section
				38-14.1-13.
General Authority: NDCC
					 38-14.1-27
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 69-05.2-28 - Inspection and Enforcement › Section 69-05.2-28-12 - Inspection and enforcement - Determination of amount of civil penalty - Factors

Current through Supplement No. 393, July, 2024
In determining the amount of any civil penalty assessed
				  under subsection 1 of North Dakota Century Code section
				  38-14.1-32, the commission will
				  consider the following:
1.
History of previous violations.
The commission may assess a civil
				penalty of up to three thousand five hundred dollars per day based on the
				history of previous violations by the operator or permittee at the particular
				operation.
a. If a violation is under review
				or if the time for review has not yet expired, the violation will not be
				considered.
b. No violation for
				which the notice of violation or cessation order has been vacated is
				considered.
c. Each violation is
				considered without regard to whether it led to a civil penalty.
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 69-05.2-28-13 - Inspection and enforcement - Civil penalty - Assessment of separate violations for each day

Current through Supplement No. 393, July, 2024
Whenever a violation has not been abated within the period
				  set, a civil penalty of not less than seven hundred fifty dollars will be
				  assessed for each day of the failure, except that if the operator or permittee
				  initiates review proceedings with respect to the violation, the abatement
				  period will be extended as follows:
1. If suspension of the abatement
				requirements of the notice or order is ordered in a temporary relief proceeding
				under subsection 4 of North Dakota Century Code section
				38-14.1-30, after a determination
				that the operator or permittee will suffer irreparable loss or damage from the
				application of the requirements, the period permitted for abatement will not
				end until the date on which the commission issues a final order; and
2. If the operator or permittee initiates
				review proceedings under North Dakota Century Code section
				38-14.1-35 with respect to the
				violation, in which the obligations to abate are suspended by the court, the
				daily assessment of a penalty will not be made for any period before entry of a
				final order by the court.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-30,
					 38-14.1-32,
					 38-14.1-35