Section 23-1721. Hardship; petition and hearing; permit  


Latest version.
  • 1.  Any  person,  upon  a showing of hardship caused by the moratorium
      under subdivision one of section 23-1719 may petition the department for
      a review of the application of the moratorium to any  proposed  activity
      subject  to this title. This shall be by notice to the department of the
      activity proposed to be conducted, including the information related  to
      geographical  location, nature of proposed use, storage, transportation,
      or conversion, and proposed and projected amounts of  liquefied  natural
      or  petroleum  gas  proposed  to  be  used  or  handled  as  required in
      subdivision two of  section  23-1719  and  subdivision  two  of  section
      23-1717.
        2.  Thereafter,  within thirty days after receipt of the petition, the
      department shall schedule a hearing upon thirty days' notice, to be held
      in accordance with the other requirements  of  paragraphs  d  and  e  of
      subdivision two of section 23-1719, insofar as applicable, and upon such
      further terms and conditions as it may establish.
        3.  If  the  proposed  activity  is not contrary to the policy of this
      title, or of any  provision  thereof,  the  department  may  permit  the
      activity to continue during the moratorium, provided that permission may
      be  revoked  by  the department if its terms are violated, and provided,
      further, that any such hardship permit issued by the department shall be
      in addition to, and not in lieu of such certification as may be required
      by any municipality within  the  jurisdiction  of  which  such  proposed
      activity  will  be  undertaken. Cost of application and hearing shall be
      assessed against the applicant.