§ 38-23-04 — Permit required

1. A person may not commence any actions for testing, exploring, excavating, drilling,
boring, or operating a high-level radioactive waste facility without obtaining a permit
from the commission.
2. A notice of opportunity for a position paper from the commissioners of the county must
be attached to the permit application. A county position paper must be made public at
the time the permit application is submitted.

3. A permit may be issued only after notice and hearing and payment of a fee. Notice
must be provided in accordance with Rule 3 of the North Dakota Rules of Civil
Procedure.
4. An applicant for a permit shall provide notice to a surface owner and any resident of a
permanently occupied dwelling located within two miles [3.22 kilometers] of the
proposed location, the county commissioners and mayor of any municipality within
thirty miles [48.28 kilometers], and publish a notice in the official county newspaper
and any county newspaper within thirty miles [48.28 kilometers] of the proposed
location.
5. The commission shall give written notice of an application for exploration or facility
permit to the county in which exploration is sought or a facility is proposed at least
sixty days before the hearing. The commission shall adopt rules establishing deadlines
for the issuance of permits.
6. A permit application for a high-level radioactive waste facility must include:
a. A description of the facility to be permitted.
b. A detailed description of the material to be stored or disposed.
c. A detailed description of the mechanical construction and operating procedures of
the facility.
d. A justification for the need for the facility to be permitted, including economic
impact.
e. A detailed discussion and description of the subsurface geology and hydrology of
the area to be affected by the construction and operation of the facility to be
permitted.
f. A detailed discussion and description of a monitoring system to be used to
ascertain the integrity of the facility and to ensure compliance with this chapter.
g. A detailed description and discussion of a reclamation program for the restoration
of the surface as nearly as possible to its original condition and productivity upon
expiration of the permit or termination of any activities regulated by this chapter.
h. Any other information required by the commission.
7. Following a hearing, the commission may deny an application if the commission
determines the testing, exploration, excavating, drilling, or operation poses a threat to
human health or the environment or because of concerns related to economic impacts.
A person denied a permit may appeal the denial in accordance with chapter 28-32.
8. The commission may include conditions in a permit which the commission deems
necessary to ensure protection of human health and the environment or to address
economic impacts.
9. A permitholder shall furnish and maintain a reasonable bond with good and sufficient
surety, conditioned upon the full compliance with the permit, this chapter, and rules
adopted by the commission.
10. The commission shall establish the term of a permit, but the term of a permit may not
exceed five years. An application for a permit renewal must be made at least one
hundred twenty days before the expiration of the valid permit and is subject to all the
procedures and requirements of this section.