North Dakota Administrative Code

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 Dako…

Review of adequacy and completeness of inspections. 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 an…

Modification - Vacation - Termination - Notice to owners and controllers. 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 …

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 u…

Modification - Vacation - Termination. 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…

period. 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 4 of diligence on the part of the permittee or operator. The total time for ab…

to comply. 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 m…

of violations. 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…

show cause. 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 s…

relief. 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 No…

requirements. 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 …

Factors. 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 fi…

violations for each day. 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 t…

procedure. 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…

The surface owner is prohibited from interfering with reclamation procedures as long as the procedures form a part of a commission-approved reclamation plan. History: Effective August 1, 1980; amended effective May 1, 1990. General Authority: NDCC 38-14.1-03 Law Implemented: NDCC…

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 complain…

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 respo…

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 asse…

operations. 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 s…

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 acti…

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 inc…

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 to…

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. 3. A schedule of t…

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 ser…

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 o…

1. Funds authorized for the small operator assistance program may not be used to cover state administrative costs. 4 2. The commission will, to the extent practicable, establish a formula for allocating funds among eligible small operators if available funds are insufficient. Thi…

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 pu…

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…

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 appl…

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 blasti…

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…

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. U…

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 c…

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…

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 tim…

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 activit…

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 re…

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…

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 …

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 …

The commission shall give at least five days' notice before entry upon property pursuant to North Dakota Century Code section 38-14.2-09. History: Effective January 1, 1980; amended effective November 1, 1983. General Authority: NDCC 38-14.2-03 Law Implemented: NDCC 38-14.2-09

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,…

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 adve…

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 c…

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 …

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 oath…

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 recla…

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 u…

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 ci…

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 adminis…