75-20-406. Judicial review of decisions
75-20-406. Judicial review of decisions. (1) A person aggrieved by the final decision of the department or board on an application for a certificate may obtain judicial review of that decision by the filing of a petition in a state district court of competent jurisdiction. A challenge to the issuance of a certificate must be brought […]
75-20-407. Jurisdiction of courts restricted
75-20-407. Jurisdiction of courts restricted. Except as expressly set forth in 75-20-401, 75-20-406, and 75-20-408, no court of this state has jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the board or department under this chapter or to stop or […]
75-20-408. Penalties for violation of chapter — civil actions to enforce
75-20-408. Penalties for violation of chapter — civil actions to enforce. (1) (a) Whoever commences to construct or operate a facility without first obtaining a certificate required under 75-20-201 or a waiver of the certificate under 75-20-304(2) or, having first obtained a certificate, constructs, operates, or maintains a facility not in compliance with the certificate or violates […]
75-20-409. Optional annual installments for location of facility on landowner’s property
75-20-409. Optional annual installments for location of facility on landowner’s property. A landowner upon whose land a facility is proposed to be located has the option of receiving any negotiated settlement for use of the landowner’s land, if and when the land is used for a facility, by easement, right-of-way, or other legal conveyance in either […]
75-20-410. Order not stayed by appeal — stay or suspension by court — limitations
75-20-410. Order not stayed by appeal — stay or suspension by court — limitations. Notwithstanding any contrary provision in the law, the pendency of an appeal from a board order does not automatically stay or suspend the operation of the order. During the pendency of the appeal, the court may upon motion by one of the […]
75-20-231. Expedited review
75-20-231. Expedited review. (1) Except as provided in 75-1-208(4)(b), the department shall issue a certification decision within 90 days from the date on which an application is considered complete for a facility that: (a) is unlikely to result in significant adverse environmental impacts based on the criteria listed in 75-20-232; or (b) is presently in existence and proposed […]
75-20-232. Criteria for identifying proposed facilities that qualify for expedited review
75-20-232. Criteria for identifying proposed facilities that qualify for expedited review. (1) In order for a facility to qualify for expedited review under 75-20-231, the department shall make a significance determination of the impacts associated with a proposed facility. This determination is the basis of the department’s decision concerning whether the proposed facility qualifies for expedited […]
75-20-301. Decision of department — findings necessary for certification
75-20-301. Decision of department — findings necessary for certification. (1) Within 30 days after issuance of the report pursuant to 75-20-216 for facilities defined in 75-20-104(10)(a) and (10)(b), the department shall approve a facility as proposed or as modified or an alternative to a proposed facility if the department finds and determines: (a) the basis of the […]
75-20-302. Conditions imposed
75-20-302. Conditions imposed. (1) If the department determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon the modification, provided that the department consulted the applicant and the persons residing in the area affected by the modification have been given reasonable notice of the […]
75-20-303. Opinion issued with decision — contents
75-20-303. Opinion issued with decision — contents. (1) In rendering a decision on an application for a certificate, the department shall issue an opinion stating its reasons for the action taken. (2) If the department has found that any regional or local law or regulation that would be otherwise applicable is unreasonably restrictive, it shall state in […]