§ 23.1-03-07 — Procedural requirements

In licensing and regulating the processing, generation, or disposal of source material,
byproduct material, or other radioactive material occurring naturally or produced artificially, the
department shall provide:
1. In the cases of licenses:
a. An opportunity, after public notice, for written comments and a public hearing,
with a transcript.
b. A written determination of the action to be taken which is based upon findings
included in the determination and upon evidence presented during the public
comment period, and which is subject to judicial review.
c. For each licensed activity that has a significant impact on the human
environment, a written analysis prepared by the department which must be
available to the public before commencement of hearings, of the impact of the
licensed activity on the environment. The analysis must include:
(1) An assessment of the radiological and nonradiological impacts to the public
health.

(2) An assessment of any impact on any waterway and ground water.
(3) Consideration of alternatives to the activities to be conducted.
(4) Consideration of the long-term impacts of the licensed activities.
d. A prohibition of any major construction related to the licensed activities before
completing the action under this subsection.
e. An assurance that management of source material, byproduct material, or other
radioactive material occurring naturally or produced artificially is carried out in
conformance with applicable standards adopted by the department, the
commission, and the United States environmental protection agency.
2. In the case of rulemaking:
a. An opportunity for public participation through written comments or a public
hearing.
b. An opportunity for judicial review.