North Dakota § 23.1-03-06 Surety requirements

North Dakota Statutes

§ 23.1-03-06 — Surety requirements

North Dakota § 23.1-03-06

Title 23.1Environmental Quality

Ch. 23.1-03Ionizing Radiation Development

This text of North Dakota § 23.1-03-06 (Surety requirements) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 23.1-03-06 (2026).

Text

1.The department shall establish by rule standards and instructions it deems necessary or appropriate to ensure:

a.The licensee will provide adequate surety for the completion of all requirements established by the department for the decontamination, decommissioning, and stabilization of sites, structures, and equipment used in conjunction with the processing, generation, or disposal of source material, byproduct material, or other radioactive material occurring naturally or produced artificially; and

b.If the department determines any long-term maintenance and monitoring is necessary, the licensee will make available the funds required for the necessary maintenance and monitoring, before termination of any license for source material, byproduct material, or other radioactive material o

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1. The department shall establish by rule standards and instructions it deems necessary
or appropriate to ensure:
a. The licensee will provide adequate surety for the completion of all requirements
established by the department for the decontamination, decommissioning, and
stabilization of sites, structures, and equipment used in conjunction with the
processing, generation, or disposal of source material, byproduct material, or
other radioactive material occurring naturally or produced artificially; and
b. If the department determines any long-term maintenance and monitoring is
necessary, the licensee will make available the funds required for the necessary
maintenance and monitoring, before termination of any license for source
material, byproduct material, or other radioactive material occurring naturally or
produced artificially.
2. Any funds for long-term site surveillance and control must be available to the state if
title and custody of source material, byproduct material, or other radioactive material
occurring naturally or produced artificially and its disposal site is transferred to the
state under subsection 1 of section 23.1-03-05. The funds must be transferred to the
United States if title and custody of the source material, byproduct material, or other
radioactive material occurring naturally or produced artificially and its disposal site is
transferred to the United States upon termination of any license for source material,
byproduct material, or other radioactive material occurring naturally or produced
artificially. These funds include sums collected for long-term surveillance and if
necessary, maintenance. The funds do not include moneys held as surety where no
default had occurred and the reclamation or other bonded activity has been performed.
3. If the department requires a surety for stabilization or funds for long-term surveillance
or maintenance, the amounts must be sufficient to ensure compliance with the
standards established by the commission and the department pertaining to financial
arrangements to ensure adequate stabilization and long-term management of source
material, byproduct material, or other radioactive material occurring naturally or
produced artificially and its disposal site.