§ 38-14.1-01 Declaration of findings and intent
§ 38-14.1-02 Definitions
§ 38-14.1-03 Powers and duties of the commission
§ 38-14.1-04 Powers and duties of the commission relative to designation of lands unsuitable for surface coal mining operations
§ 38-14.1-05 Areas unsuitable for all or certain surface coal mining operations
§ 38-14.1-06 Right to petition – Notice and hearing – Right to intervene
§ 38-14.1-07 Mining is prohibited
§ 38-14.1-08 Mineral exploration not prohibited
§ 38-14.1-09 Unsuitable lands – Savings provision
§ 38-14.1-10 Necessity of permit – Exception
§ 38-14.1-11 Reapplication for permit under approved state program
§ 38-14.1-12 Permits – Term – Termination
§ 38-14.1-13 Permit applications – General requirements
§ 38-14.1-14 Permit applications – Mining and reclamation plans
§ 38-14.1-15 Permit applications – Extended mining plan
§ 38-14.1-16 Performance bond – Amount – Sufficiency of surety – Amount of forfeiture
§ 38-14.1-17 Release of performance bond – Schedule – Notification – Public hearing
§ 38-14.1-18 Permit application procedures – Notice requirements
§ 38-14.1-19 Informal conference procedures
§ 38-14.1-20 Ruling on permit application – Timing and content
§ 38-14.1-21 Permit approval or denial standards
§ 38-14.1-22 Permit renewal
§ 38-14.1-23 Permit revision
§ 38-14.1-24 Environmental protection performance standards
§ 38-14.1-25 Prohibited mining practices
§ 38-14.1-26 Interference with commission employees
§ 38-14.1-27 Inspections and monitoring
§ 38-14.1-28 Enforcement procedures
§ 38-14.1-29 Procedures for imposing civil penalties
§ 38-14.1-30 Administrative review of commission rulings – Formal hearings
§ 38-14.1-31 Civil action for injunctive relief
§ 38-14.1-32 Penalties – Unclassified
§ 38-14.1-33 Permit revocation – Bond forfeiture
§ 38-14.1-34 Administrative review of regulations
§ 38-14.1-35 Judicial review
§ 38-14.1-36 Assessment of costs – Attorney’s fees
§ 38-14.1-37 Small operators
§ 38-14.1-38 Conflict of interest
§ 38-14.1-39 Forfeitures – Surface mining and reclamation fund – Continuing appropriation
§ 38-14.1-40 Citizen suits
§ 38-14.1-41 Chapter 28-32 to apply to this chapter – Regulations
§ 38-14.1-42 Cooperation with federal and state agencies

Terms Used In North Dakota Code > Chapter 38-14.1 - Surface Mining and Reclamation Operations

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: includes a limited liability partnership registered under chapter 45-22. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33