75-20-219. Amendments to certificate.

333 words·~2 min read·/mt/title-75/chapter-20/part-2/75-20-219

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75-20-219 . Amendments to certificate.

(a)Except as provided in 75-20-228 , within 30 days after notice of an amendment to a certificate is given as set forth in 75-20-213 (1), including notice to all active parties to the original proceeding, the department shall determine whether the proposed change in the facility would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility as set forth in the certificate.

(b)Except as provided in 75-20-228 , if the department determines that the proposed change would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility, the department shall grant, deny, or modify the amendment with conditions as it considers appropriate.

(c)Except as provided in 75-20-228 , if the department determines that a modification of the proposed amendment to the certificate is needed, it shall consult with the applicant.

(2)Except as provided in 75-20-228 , if those cases in which the department determines that the proposed change in the facility would not result in a material increase in any environmental impact or would not be a substantial change in the location of all or a portion of the facility, the department shall automatically grant the amendment either as applied for or upon terms or conditions that the department considers appropriate.

(3)Except as provided in 75-20-228 , if a hearing is requested under 75-20-223 (2), the party requesting the hearing has the burden of showing by clear and convincing evidence that the department's determination is not reasonable.

(4)Except as provided in 75-20-228 , if an amendment is required to a certificate that would affect, amend, alter, or modify a decision, opinion, order, certification, or air or water quality permit issued by the department, the amendment must be processed under the applicable statutes administered by the department.