38-14.1-03. Powers and duties of the commission

38-14.1-03. Powers and duties of the commission

The commission shall have and may exercise the following powers and duties:

1. To establish a program to protect society and the environment from the adverse effects

of surface coal mining operations.

2. To assure that surface coal mining operations are so conducted as to protect the

environment.

3. To assure that adequate procedures are undertaken to reclaim surface areas as

contemporaneously as possible with the surface coal mining operations.

4. To assure that surface coal mining operations are not conducted where reclamation as

required by this chapter is not feasible.

5. To assure that appropriate procedures are provided for public participation in the

development, revision, and enforcement of regulations, standards, reclamation plans,

or programs established by the commission under this chapter.

6. To encourage the voluntary cooperation of persons or affected groups to achieve the

purposes of this chapter.

7. To encourage and support training, research, experiments, and demonstrations, to

utilize the expertise of other state agencies, and to collect and disseminate information

relating to surface mining and reclamation of lands and waters affected by surface

mining.

8. To examine and act upon all plans and specifications submitted by the permit applicant

for the method of operation, backfilling, grading, and for the reclamation of the area of

land affected by the permit applicant's operation.

9. To attach conditions to all permits and permit revisions as necessary to carry out the

provisions of this chapter.

10. To issue permits for surface coal mining operations in accordance with the

requirements of this chapter and the Surface Mining Control and Reclamation Act of

1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.].

11. To promulgate such regulations as may be necessary to carry out the purposes and

provisions of this chapter and the Surface Mining Control and Reclamation Act of 1977

[Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.].

12. To adopt rules consistent with state law in consultation with the state geologist,

department of environmental quality, and department of water resources for the

protection of the quality and quantity of waters affected by surface coal mining

operations.

13. To promulgate regulations requiring the training, examination, and certification of

persons engaged in or directly responsible for blasting or use of explosives in surface

coal mining and reclamation operations.

14. To exercise general supervision and administration and enforcement of this chapter

and all regulations and orders promulgated thereunder and all incidental powers

necessary to carry out the purposes of this chapter, including the utilization of the

powers of other state agencies by delegation to those other state agencies, by

cooperative agreement or regulation, certain responsibilities to avoid duplication of

effort, to promote the efficient use of personnel, and to assure effective reclamation of

surface mined lands in the state of North Dakota.

15. To make investigations and inspections which may be deemed necessary to ensure

compliance with any provision of this chapter. The commission or its authorized

representatives, upon presentation of appropriate credentials, shall have the right of

entry without a warrant for the purposes of such investigations or inspections.

16. To issue such orders as may be necessary to effectuate the purposes of this chapter

and enforce the same by all appropriate administrative and judicial procedures.

17. To hold any hearings and informal conferences necessary for the proper administration

of this chapter.

18. To reclaim, in keeping with this chapter, any land with respect to which a performance

bond has been forfeited.

19. To exercise those additional powers and duties relative to the designation of lands

ter

and enforce the same by all appropriate administrative and judicial procedures.

17. To hold any hearings and informal conferences necessary for the proper administration

of this chapter.

18. To reclaim, in keeping with this chapter, any land with respect to which a performance

bond has been forfeited.

19. To exercise those additional powers and duties relative to the designation of lands

unsuitable for surface coal mining operations granted in section 38-14.1-04.

20. To take all action necessary and appropriate including the promulgation of regulations

for all provisions of this chapter to secure for this state the benefits of and to

implement the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87;

91 Stat. 445; 30 U.S.C. 1201 et seq.] and similar federal acts.

21. To advise, consult, and cooperate with other agencies of the state, other states and

interstate agencies, and with affected groups, political subdivisions, and industries in

furtherance of the purposes of this chapter.

22. To accept and administer loans and grants from the federal government and from

other sources, public or private, for carrying out any functions pursuant to this chapter,

which loans and grants may not be expended for other than the purposes for which

provided.

23. To provide by regulation standards and procedures for specific variances to any

permittee so long as the permittee affirmatively demonstrates that the requested

variance provides equal or greater protection to the environment and to public health

and safety and will achieve reclamation consistent with the purposes of this chapter.

24. To provide by regulation for the conservation and utilization of other minerals found

within the permit area during surface coal mining and reclamation operations in

consultation with the state geologist and to approve plans for the use of such other

minerals outside the permit area so long as the permittee affirmatively demonstrates

that such removal is lawful and will provide equal or greater protection to the

environment and to public health and safety and will achieve reclamation consistent

with the purposes of this chapter.

25. To exercise the full reach of the state constitutional powers wherever necessary to

ensure the protection of the public interest through effective control of surface coal

mining operations.

26. To establish a performance bonding system and an alternative to the performance

bonding system which achieve the objectives and purposes of this chapter.