§ 38-14.1-28 — Enforcement procedures

North Dakota § 38-14.1-28

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.1: Surface Mining and Reclamation Operations

Text

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 complied with, the commission shall immediately conduct an
inspection, without a warrant, of the surface coal mining operation at which the alleged
violation is occurring unless the information available is a result of a previous
inspection of such operation. If, based on such inspection, the commission determines
enforcement measures are appropriate, it shall initiate one of the following procedures:

a. If the commission or its authorized representative determines that any condition,
practice, or violation exists which also creates an imminent danger to the health
or safety of the public, or is causing, or can reasonably be expected to cause,
significant, imminent environmental harm to land, air, or water resources, the
commission or its authorized representative shall immediately order a cessation
of surface coal mining and reclamation operations or the portion thereof relevant
to the condition, practice, or violation. Such cessation order remains in effect until
the commission or its authorized representative determines that the condition,
practice, or violation has been abated, or until modified, vacated, or terminated by
the commission or its authorized representative pursuant to paragraph 2.
(1) When the commission finds that the ordered cessation will not completely
abate the imminent danger or the significant imminent environmental harm,
the commission shall, in addition to the cessation order, impose any
remedial measures on the operator deemed necessary to abate the
imminent danger or the significant environmental harm.
(2) Any cessation order issued pursuant to this paragraph expires within thirty
days of actual notice to the operator or permittee unless a public hearing is
held within that period within such reasonable proximity of the site to allow
viewings of the site during the course of the hearing.
b. If the commission or its authorized representative determines that any operator or
permittee is in violation of any requirement of this chapter or regulations
thereunder or any permit condition but it is unable to make the additional finding
that a condition, practice or violation exists which also creates an imminent
danger to the health or safety of the public, or is causing or can reasonably be
expected to cause significant, imminent environmental harm to land, air, or water
resources, the commission or its authorized representative shall serve on the
operator or permittee a notice of violation. The notice must fix a reasonable time,
not more than ninety days, for the abatement of the violation and shall provide
opportunity for an informal conference pursuant to section 38-14.1-19 and for
public hearing, if requested, pursuant to the procedures of section 38-14.1-30.
(1) If the operator or permittee does not comply with the remedial measures set
forth in the notice within the abatement period as originally fixed or
subsequently extended for good cause shown and upon the written findings
of the commission or its authorized representative, the commission or its
authorized representative shall immediately order a cessation of surface
coal mining and reclamation operations or that portion thereof relevant to
the violation. Such cessation order remains in effect until the commission
determines that the violation has been abated, or until modified, vacated, or
terminated by the commission or pursuant to paragraph 2.
(2) Any cessation order issued pursuant to this paragraph expires within thirty
days of actual notice to the operator or permittee unless a public hearing is
held within that period within such reasonable proximity of the site to allow
viewings of the site during the course of the hearing.
c. If the commission or its authorized representative determines that a pattern of
violations of any requirements of this chapter or of regulations thereunder or of
any permit conditions exists or has existed and also finds that such violations are
caused by the unwarranted failure of the permittee to comply with any
requirements of this chapter or any permit conditions, or that such violations are
willfully caused by the permittee, an order to show cause why the permit should
not be suspended or revoked shall promptly issue from the commission or its
authorized representative and opportunity for a hearing on such order pursuant to
procedures in subsection 2 of section 38-14.1-30 must be provided. Upon the
permittee's failure to show cause why the permit should not be suspended or
revoked, the commission or its authorized representative shall promptly suspend
or revoke the permit.

2. Any notices and orders issued pursuant to subsection 1 must set forth with reasonable
specificity the nature of the violation and any remedial action required, any period of
time established for abatement, and a reasonable description of the portion of the
surface coal mining and reclamation operation to which the notice or order applies. All
such notices and orders must be in writing, must be signed by the commission or its
authorized representative, and must be served promptly upon the operator and
permittee personally or by certified mail addressed to the permanent address of the
operator and permittee.