1. Generally - An applicant must apply
for and receive all applicable permits over which the Board has authority and
which would be required absent the Act. Such permits are not deemed granted by
the Board License. The Board retains final permitting authority for such
permits under the Act and considers action by local or state officials or
agency on such applications to be advisory opinions.
2. Meeting Mandated - After applying for
local building permits, the Applicant shall arrange for and attend a meeting
with the issuing authority and representative of the State Building Code
Commission to assure that the issuing authority can arrange for any assistance
it may need in reviewing the final design drawings and plans for the
applicant's energy facility. Such assistance will be made available, if needed,
by the State Building Code Commission. The Coordinator shall be given notice of
3. Filing of Advisory
Opinions - After an advisory opinion is issued on an application for any post
licensing permit by the state or local official or agency having authority over
such permit, the applicant shall file the advisory opinion with the Board. If
the applicant is aggrieved by the advisory opinion, it may file a statement
with the Board expressing its disagreement and explaining the reasons
therefore. If a local or state official or agency fails to process an
application for a post licensing permit within a reasonable period of time, the
applicant may file a statement of that fact with the Board along with any other
pertinent information concerning the failure to process.
4. Statement of Disagreement with an Advisory
Opinion - A statement of disagreement or failure to process under §
of this Part shall be filed with the Board in compliance with §
1.5 of this Part. The Board
may schedule a hearing to consider any such statement under §
1.9 of this Part. The Board
may delegate an existing agency or authority with appropriate expertise to
investigate such matters and to testify at a hearing.
5. Granting of Building Permits by Board -
The filing of an Advisory Opinion on a post licensing permit by the applicant
of this Part constitutes a granting by the Board of that permit unless said
advisory opinion does not recommend that the Board grant the permit, or unless
said advisory opinion is accompanied by a Statement of Disagreement under
(4) of this Part. If a disagreement exists,
the Board will, after consideration of the filing or after a hearing under
these rules, issue an order. Such order may grant such building permit or may
accept the advisory opinion without change. The Board may also alter or modify
an advisory opinion after consideration of the filing or after hearing in any
way it deems necessary, before granting such permit(s).
Oversight of Construction and Start-Up of
1. Consultants to Board - During the
construction period, the period of plant start-up, and a reporting period to
follow, the Board may hire such consultants, or may delegate an existing agency
or authority with appropriate expertise as it deems necessary, to visit the
plant and plant site to determine if construction, construction practices,
operation or operational practices are in compliance with the terms of the
Board's license. Specifically the Board's consultant shall be responsible for
aspects of the Board's license that are not overseen or monitored by existing
state or local agencies. The applicant shall pay any and all reasonably
incurred fees of such consultants. The Board shall provide a copy of the
executed contract between the Board and the consultant to the applicant. The
applicant may object to the reasonableness of the contract, including reasons
therefore, in writing to the Board within 30 days. The Board shall consider
such objection and respond to the applicant within 30 days of receipt of the
objection. Fees paid to consultants under this section shall be limited to
$20,000 unless an amount in excess of $20,000 is agreed upon by the applicant
and the Board.
Reporting Requirements - Said consultants shall report to the Board
periodically as the Board sees fit but at least on a monthly basis. If a
consultant finds the applicant in noncompliance with the terms of the Board's
license, he or she shall report to the Board immediately.
3. Verbal Cease and Desist Order - The
Chairperson, or in his or her absence, any member of the Board, may issue a
verbal cease and desist order to an applicant to halt any aspect of
construction or operation of the plant if there is reasonable cause to believe
that irreversible damage to the environment will result from an act by the
applicant or his agent of noncompliance with the terms of the Board's license.
Such order may be rescinded by the issuing Board member or a majority of the
Board if the problem is corrected. Any verbal cease and desist order must be
followed by a written cease and desist order by the Board in compliance with
of this Part as soon as possible, but no later than the next business day
following the verbal cease and desist order.
4. Report of Applicant After Start-Up -
Following successful start-up of the Energy Facility, the applicant shall file
a final report to the Board stating that the facility has been constructed in
compliance with the terms of the Board's license. Such report should note any
exceptions or instances of noncompliance. The Board's consultant shall review
the report and file his or her comments to the Board.
5. Board Consideration - The Board will meet
in open session to consider the final report if it considers a meeting
necessary. The Board may accept the final report with or without such a
meeting, or alternatively, may issue a "show cause" order under §
of this Part.
6. Noncompliance -
Failure of the applicant to comply with this section shall be considered a
failure to comply with the Board license to site under §
of this Part.