Title 38 — Mining and Gas and Oil Production

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…

The legislative assembly finds and declares that there are a substantial number of acres [hectares] within the state disturbed by surface coal mining operations and noncoal mining operations on which little or no reclamation was conducted, and the impacts from these unreclaimed l…

For the purpose of this chapter: 1. "Abandoned mine reclamation plan" means a plan for the reclamation of lands and water adversely affected by past coal mining and noncoal mining practices. The plan must generally identify all areas to be reclaimed in the state of North Dakota, …

The commission: 1. Shall develop an abandoned mine reclamation plan. 2. Shall submit such applications, abandoned mine reclamation plan, projects, and reports necessary to accomplish the purposes of this chapter, and to accomplish the purposes of title IV of Public Law 95-87 [91 …

There is hereby created the state abandoned mine reclamation fund. 1. Revenue to the fund must include: a. Moneys applied for and received by the commission pursuant to title IV of Public Law 95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.], for the purposes of this chapter. b. Money…

Upon reclamation of all abandoned coal mine areas and all abandoned noncoal areas pursuant to the provisions of this chapter, if there is a need for the construction of specific public facilities in communities impacted by coal development and if impact funds which may be availab…

Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those which were mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and abandoned or left in an inadequate reclamation …

The commission has the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining and noncoal mining practices and to determine the feasibility of restoration, reclamation, abatement…

If the commission makes a finding of fact that: 1. Land or water resources have been adversely affected by past coal mining or noncoal mining practices; and 2. The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent…

The commission may acquire any land, by purchase, donation, or condemnation, pursuant to the procedures of chapter 32-15, and other laws governing eminent domain, which is adversely affected by past coal mining or noncoal mining practices if the commission determines in accordanc…

Title to all lands acquired pursuant to this chapter must be in the name of the state of North Dakota. The price paid for land acquired under this chapter must reflect the market value of the land as adversely affected by past coal mining or noncoal mining practices.

The commission may transfer land acquired pursuant to this chapter to the appropriate state or federal agency. Where land acquired pursuant to this chapter is deemed to be suitable for industrial, commercial, residential, or recreational development, the commission may sell such …

The commission, when requested, shall hold a public hearing, with the appropriate public notice, in the county or counties in which lands acquired pursuant to this chapter are located. The hearings must be held at a time which affords local citizens and governments the maximum op…

1. Within six months after the completion of projects to restore, abate, control, or prevent adverse effects of past coal mining or noncoal mining practices on privately owned land, the commission shall itemize the moneys so expended and may file a statement thereof in the office…

Any person claiming to be aggrieved or adversely affected by any regulation or order of the commission or its failure to enter an order under this chapter may request a hearing by the commission. The hearing must be conducted pursuant to chapter 28-32. There is a right of appeal …

In this chapter: 1. "Bond" means a bond required of a permittee under chapter 38-14.1. 2. "Fund" means the surface coal mining and reclamation bond fund. 3. "Permit" means a surface coal mining and reclamation operation permit approved by the public service commission under chapt…

The industrial commission may establish a surface coal mining and reclamation bond fund to be maintained at the Bank of North Dakota. All moneys collected and received under this chapter are appropriated to the commission for the purposes provided for in this chapter.

The fund may provide bonds for the faithful performance of all surface coal mining laws, rules, and permit terms and conditions. An application for a bond may be made to the industrial commission, which shall approve or disapprove the application. The decision of the industrial c…

Investment of the fund is under the supervision of the Bank of North Dakota.

The industrial commission may employ staff and enter into public and private contracts as may be necessary to operate the fund. The salaries of employees and other expenditures for the operation of the fund must be paid out of the fund.

The premium for a bond under this chapter must be set by the industrial commission. Premiums must be paid in advance to the industrial commission and deposited in the fund.