North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-07 - Geothermal Energy Production
Section 43-02-07-07 - Modification or revocation and reissuance of permit -Termination of permit - Transfer or renewal of permit
Universal Citation: ND Admin Code ยง 43-02-07-07
Current through Supplement No. 392, April, 2024
1. Modification or revocation and reissuance of permit.
a. The commission may modify or revoke and
reissue a permit if there are substantial alterations or additions to the
permitted facility, or if the standards or regulations on which the permit was
based have been changed by promulgation of amended standards or regulations or
by judicial decision after the permit was issued.
b. When a permit is modified, only the
conditions subject to modification are reviewed. If a permit is revoked and
reissued, the entire permit is reviewed and subject to revision and the permit
is reissued for a new term.
2. Termination of permit.
a. The commission may terminate a permit
during its term or deny a renewal application for noncompliance by the
permittee with any condition of the permit, the rules or regulations, or
failure to disclose fully or misrepresent all relevant facts.
b. A permit may be terminated if the
permitted activity endangers human health or the environment, or causes
pollution to underground sources of drinking water.
3. Transfer or renewal of permit.
a. A permit may be renewed or
transferred to a new owner or operator if the current permittee notifies the
commission at least thirty days in advance of the proposed renewal or transfer
date and provided the permit does not need to be modified or revoked and
reissued.
b. A notice of transfer
must include a written agreement between the existing and new permittees
containing a specific date for transfer of permit responsibility, coverage, and
liability between them. The notice must demonstrate that the financial
responsibility requirements of section
43-02-07-09 will be met by the new
permittee.
General Authority: NDCC 38-19-03
Law Implemented: NDCC 38-19-03, 38-19-04
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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