Section 69-05.2-32-01 - Improvidently issued permits - Review procedures The commission will review any permit it has reason to believe was improvidently issued according to the criteria in this section. The permit was improvidently issued if:
1. Under the violations review criteria of the regulatory program at the time the permit was issued: a. The commission should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or: b. The permit was issued on the presumption that a notice of violation was being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order was subsequently issued; 2. The penalty, violation, or fee: a. Remains unabated or delinquent; and b. Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and 3. Where the permittee was linked to the violation, penalty, or fee through ownership or control, under the violations review criteria of the regulatory program at the time the permit was issued an ownership or control link between the permittee and the person responsible for the violation, penalty, or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty, or fee. N.D. Admin Code 69-05.2-32-01
Effective January 1, 1993.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21