§ 38-14.1-33 — Permit revocation - Bond forfeiture

North Dakota § 38-14.1-33

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

Text

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 order forfeiting the bond and revoking the permit of a
permittee who fails to comply with an order of the commission suspending the permit
pursuant to subsection 2 of section 38-14.1-30.
2. A permittee whose bond has been forfeited and permit revoked shall immediately
cease all surface coal mining operations in this state. The permittee is not eligible to
receive another permit unless the land for which the bond was forfeited has been
reclaimed without cost to the state or the permittee has paid into the reclamation
account a sum which, added to the value of the bond, the commission finds adequate
to reclaim the land.
3. A permittee who refuses or willfully fails to comply with this chapter is ineligible for any
further mining permits. After an opportunity for hearing and after a finding by the
commission that the permit applicant, or operator specified in the application, controls
or has controlled mining operations with a demonstrated pattern of willful violations of
this chapter, or the Surface Mining Control and Reclamation Act of 1977 [Pub. L.
95-87; 91 Stat. 445; 30 U.S.C. 1201, et seq.], of such nature and duration and with
such resulting irreparable damage to the environment as to indicate an intent not to
comply with the provisions of this chapter, or the Surface Mining Control and
Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201, et seq.], no
permit may be issued to said permit applicant or permittee.