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 […]
75-20-401. Additional requirements by other governmental agencies not permitted after issuance of certificate — exceptions — venue for challenging certificate issuance
75-20-401. Additional requirements by other governmental agencies not permitted after issuance of certificate — exceptions — venue for challenging certificate issuance. (1) Notwithstanding any other law, a state or regional agency or municipality or other local government may not require any approval, consent, permit, certificate, or other condition for the construction, operation, or maintenance of a […]
75-20-402. Monitoring
75-20-402. Monitoring. The department shall monitor the operations of all certificated facilities for ensuring continuing compliance with this chapter and certificates issued under this chapter and for discovering and preventing noncompliance with this chapter and the certificates. The applicant shall pay all expenses related to the monitoring plan established in 75-20-303(3)(b) or (3)(c) to the extent […]
75-20-403. Revocation or suspension of certificate
75-20-403. Revocation or suspension of certificate. Following notice and an opportunity for a hearing, a certificate may be revoked or suspended by the department: (1) for any material false statement in the application or in accompanying statements or studies required of the applicant if a true statement would have warranted the department’s refusal to grant a certificate; […]
75-20-404. Enforcement of chapter by residents
75-20-404. Enforcement of chapter by residents. (1) A resident of this state with knowledge that a requirement of this chapter or a rule adopted under it is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of […]
75-20-226. Repealed
75-20-226. Repealed. Sec. 14, Ch. 293, L. 2001. History: En. Sec. 4, Ch. 155, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 226, Ch. 418, L. 1995; amd. Sec. 14, Ch. 329, L. 1997.
75-20-227. Repealed
75-20-227. Repealed. Sec. 24, Ch. 329, L. 1997. History: En. Sec. 5, Ch. 155, L. 1985.
75-20-228. Electric generating facility fuel source change — notice requirements
75-20-228. Electric generating facility fuel source change — notice requirements. (1) (a) An amendment to a certificate is not required for an electric generating facility designed to generate 250 megawatts of electricity or more if a change is made at the facility to alter fuel sources necessary to maintain operations at the facility, if the certificate […]
75-20-229. and 75-20-230 reserved
75-20-229 and 75-20-230 reserved.
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 […]