1. This section applies to any person who operates or intends to operate a coal preparation plant in connection with a coal mine but outside the permit area for a specific mine. A permit to operate must be obtained from the commission.

2. In addition to meeting the applicable provisions of chapters 69-05.2-05, 69-05.2-06, 69-05.2-07, 69-05.2-08, and this chapter, any application for a permit for operations covered by this section must contain an operation and reclamation plan for the construction, operation, maintenance, modification, and removal of the preparation plant and associated support facilities. The plan must demonstrate that those operations will be conducted in compliance with section 69-05.2-13-13.

3. No permit will be issued for any operation covered by this section unless the commission finds in writing that, in addition to meeting all other applicable requirements of this article, the operations will be conducted according to the requirements of section 69-05.2-13-13.

History: Effective January 1, 1987; amended effective May 1, 1990; May 1, 1992.

General Authority: NDCC 38-14.2-03

Law Implemented: NDCC 38-14.1-14