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4410.7912 BOARD CONSIDERATION.

Subpart 1.

Consideration and approval of the drilling permit application.

After acceptance of the application by the chair, and consideration of the findings, conclusion, and recommendation of the administrative law judge, the board shall either approve or reject the application. The board shall approve the application for a permit provided:

A.

that the application is complete;

B.

that the applicant has complied with all the requirements of Minnesota Statutes, section 116C.724, and parts 4410.7900 to 4410.7934; and

C.

that the investigative activities will not materially and adversely affect the environment, unless there is no feasible and prudent alternative and the conduct at issue is consistent with and reasonably required for promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its air, water, land, and other natural resources from pollution, impairment, or destruction.

If the board approves the application, the board shall within 90 days issue a permit to commence drilling in accordance with the time schedule and plans set forth in the application. The drilling permit shall contain the terms and conditions to assure compliance with Minnesota Statutes, section 116C.724, parts 4410.7900 to 4410.7934, and all applicable federal, state, and local ordinances. Upon receipt of the drilling permit, the permittee may begin the approved investigative activities relevant to drilling.

Subp. 2.

Copy of permit to county auditor.

The permittee shall, within three days of receipt of the permit from the board, send a copy of the drilling permit to the office of the county auditor in each county or portion of a county within the potentially impacted area. The county auditor shall retain and file the permit in a manner making it accessible to the public.

Subp. 3.

Report of complaints.

The permittee must promptly report to the chair any complaint received about investigative activities, right-of-way preparation, maintenance, restoration, and temporary and permanent abandonment.

Subp. 4.

Rejection of drilling permit application.

The board shall reject the application if it determines that the application has not met any of the conditions of subpart 1, items A to C. If the board rejects the application, it shall upon rejection inform the applicant which deficiencies if corrected will allow the application to be approved. If the deficiencies are corrected and the amended application is submitted to the board at least 30 days in advance of the board's next regularly scheduled meeting, the board shall consider the amended application at the next regularly scheduled meeting.

Statutory Authority:

MS s 116C.724

History:

10 SR 2290

Published Electronically:

November 30, 2009

Official Publication of the State of Minnesota
Revisor of Statutes