Title 38 — Mining and Gas and Oil Production

The legislative assembly finds and declares that: 1. Many surface coal mining operations may result in disturbances of surface areas that adversely affect the public welfare by diminishing the utility of land for commercial, industrial, residential, cultural, educational, scienti…

Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context: 1. "Alluvial valley floors" means the unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricu…

The commission shall have and may exercise the following powers and duties: 1. To establish a program to protect society and the environment from the adverse effects of surface coal mining operations. 2. To assure that surface coal mining operations are so conducted as to protect…

Repealed by S.L. 1997, ch. 321, § 1.

Repealed by S.L. 1997, ch. 321, § 1.

Repealed by S.L. 1997, ch. 321, § 1.

1. Upon petition pursuant to section 38-14.1-06, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines, after hearings conducted in accordance with this chapter, that reclamation pursuant to th…

1. Any person having an interest which is or may be adversely affected, including state agencies other than the commission, has the right to petition the commission to hold a hearing for the purpose of having an area designated as unsuitable for surface coal mining operations, or…

After August 3, 1977, and subject to valid existing rights, no surface coal mining operations except those which existed on August 3, 1977, may be permitted: 1. On any lands within the boundaries of units of the North Dakota state park system, the national park system, the nation…

The designation of an area as unsuitable for all or certain types of surface coal mining operations does not prevent the mineral exploration of such an area.

The requirements and provisions of this chapter dealing with designation of lands unsuitable for all or certain types of surface coal mining operations (sections 38-14.1-04 through 38-14.1-08) do not apply: 1. To lands on which surface coal mining operations are being conducted o…

It is unlawful for any operator to engage in surface coal mining operations without first obtaining from the commission a permit to do so. All existing surface coal mining operations must on July 1, 1979, comply with this chapter and all rules adopted under the chapter, except th…

No later than two months following approval of the state program in accordance with the requirements of section 503 of the federal Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 470; 30 U.S.C. 1253], regardless of litigation contesting that approval, …

1. All permits for surface coal mining and reclamation operations must comply with the standards of this chapter, any regulations promulgated thereunder, and such other requirements as the commission shall establish. 2. All permits issued pursuant to the requirements of this chap…

1. Any person or operator desiring to engage in surface coal mining operations shall make written application to the commission for a permit. Application for such permit must be made upon a form furnished by the commission. Included in the application must be: a. A bond or securi…

1. The permit application must be submitted in a manner satisfactory to the commission and must contain among other things: a. A legal description of the land for which a permit is sought, so that it may be identified and distinguished from other lands. b. An identification of al…

1. An applicant shall submit as part of a permit application a plan identifying the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits w…

1. As part of a surface coal mining and reclamation permit application, the permit applicant shall file with the commission, on a form prescribed and furnished by the commission, a bond for performance payable to the state of North Dakota and conditional upon faithful performance…

1. The permittee may file a request with the commission for the release of all or part of a performance bond or deposit furnished subsequent to July 1, 1975. As part of any bond release application, the permittee shall submit: a. Within thirty days after filing of the request, a …

1. At the time of filing an application for a permit, or for revision of an existing permit, the applicant shall submit to the commission a copy of the applicant's advertisement of the ownership, precise location, and boundaries of the land proposed to be affected by the permit o…

1. If written objections or comments are filed and an informal conference is requested as provided in section 38-14.1-17, 38-14.1-18, or 38-14.1-28, the commission shall schedule such informal conference within forty-five days of the receipt of such request but in no event prior …

1. If an informal conference in reference to a permit application has been held pursuant to section 38-14.1-19, the commission shall issue its written findings approving or disapproving the application in whole or in part and stating the reasons for such findings within thirty da…

1. Upon the basis of a complete mining application and reclamation plan or a revision thereof as required by this chapter and pursuant to regulations established under this chapter, the commission shall grant, require modification of, or deny the application for a permit and noti…

1. Any valid permit issued pursuant to this chapter shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and such renewal must be issued within a rea…

1. During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the commission. 2. An application for a revision of a permit may not be approved unless the commission finds that reclamation as req…

General performance standards are applicable to all surface coal mining and reclamation operations and must require the permittee at a minimum to: 1. Conduct surface coal mining operations so as to maximize the utilization and conservation of the coal or commercial leonardite bei…

1. A permittee may not use any coal or commercial leonardite mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid or solid wastes either temporarily or permanently as dams or embankments unless approved by the commission after consultation…

No operator or permittee may, except as provided by law, willfully resist, prevent, impede, or interfere with the commission or any of its agents in the performance of duties under this chapter. Whoever knowingly violates this section is, upon conviction, subject to the penalty p…

1. For the purpose of developing or assisting in the development, administration, and enforcement of this chapter and of regulations promulgated by the commission in accordance with this chapter or in the administration and enforcement of any permit under this chapter, or of dete…

1. Whenever, on the basis of any information available to it, including information from any person, the commission has reason to believe that any requirement of this chapter or of any regulation adopted by the commission under this chapter or any permit condition has not been co…

1. A civil penalty may be assessed by the commission as authorized by section 38-14.1-32 only after the operator or permittee has been given an opportunity for public hearing pursuant to the procedures specified in section 38-14.1-30. a. If such public hearing has been held, the …

1. Within thirty days after a permit applicant is notified of a ruling by the commission pursuant to section 38-14.1-20, or after an operator or permittee is issued a notice or order pursuant to subdivision a or b of subsection 1 of section 38-14.1-28, or after the commission dis…

1. In addition to other relief available, the commission may without bond or other undertaking institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the North Dakota district court for the district…

1. Any operator or permittee who violates this chapter, or any permit condition or regulation implementing this chapter may be assessed a civil penalty not to exceed ten thousand dollars per day of such violation except that if such violation leads to the issuance of a cessation …

1. The commission may institute proceedings for the revocation of the permit and forfeiture of the performance bond of a permittee for violation by the permittee of any of the provisions of this chapter or of regulations implementing this chapter. The commission shall issue an or…

Any person aggrieved or adversely affected by any regulation promulgated by the commission under this chapter may petition the commission for a hearing to reconsider or amend such regulation. The commission shall grant a public hearing pursuant to procedures established in chapte…

1. There is a right to judicial review pursuant to sections 28-32-42 through 28-32-49: a. To any applicant or any person with an interest which is or may be adversely affected who has participated in administrative proceedings under section 38-14.1-30 as an objector, and who is a…

1. Whenever an order is issued as a result of any administrative proceeding under this chapter, at the request of any party, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees as determined by the commission to have been reasonably incurred b…

1. The provisions of this chapter do not apply to any of the following activities: a. Extraction of coal or commercial leonardite by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner. b. Extraction of coal or commercial leonardite as…

No employee of the commission performing any function or duty under this chapter may have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever willfully violates this section is, upon conviction, subject to the penalty provided in s…

1. Any person having an interest which is or may be adversely affected may commence a civil action on the person's own behalf to compel compliance with this chapter, or any regulation, order, or permit issued pursuant to this chapter: a. Against any person or any governmental ins…

Chapter 28-32 applies to this chapter, except as otherwise provided in specific provisions of this chapter. The commission may promulgate regulations with respect to the administration of this chapter under chapter 28-32 except that if the commission determines that an emergency …

The commission shall have the authority to cooperate with and receive technical and financial assistance from the United States, any state, or any department, agency, or officer thereof, and to file such reports and promulgate regulations as required by federal law for any purpos…