reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 38-08.1 except:
1. "Building" means any residence or commercial structure
				  including a barn, stable, or other similar structure.
2. "Director" means the director of oil and gas of the
				  industrial commission, the assistant director of oil and gas of the industrial
				  commission, and their designated representatives.
General Authority: NDCC 38-08.1
Law Implemented: NDCC
					 38-08.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-01.1 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains general rules of statewide application
				  which have been adopted by the industrial commission to govern geophysical
				  exploration in North Dakota. Special rules, regulations, and orders have been
				  and will be issued when required and shall prevail as against general rules,
				  regulations, and orders if in conflict therewith. However, wherever this
				  chapter does not conflict with special rules heretofore or hereafter adopted,
				  this chapter will apply in each case. The commission may grant exceptions to
				  this chapter, after due notice and hearing, when such exceptions will protect
				  correlative rights.
General Authority: NDCC 38-08.1
Law Implemented: NDCC
					 38-08.1-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-02 - Certification to do business within state - Resident agent

Current through Supplement No. 393, July, 2024
Any person desiring to engage in geophysical exploration
				  within this state, including a contractor and subcontractor, shall obtain from
				  the secretary of state a certificate of authority to transact business in this
				  state. A copy of this certificate must be filed with the commission prior to,
				  or together with, the bond required herein and the application for permit to
				  engage in geophysical exploration.
General Authority: NDCC 38-08.1
Law Implemented: NDCC
					 38-08.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-03 - Bonding requirements

Current through Supplement No. 393, July, 2024
1. To satisfy the
				obligation that a geophysical exploration contractor desiring to engage in
				geophysical exploration shall file with the commission a good and sufficient
				surety bond, the contractor, in lieu of a surety bond, may post cash or a
				certificate of deposit with the Bank of North Dakota. Persons desiring to file
				a cash bond or certificate of deposit shall file with the commission an
				application to deposit cash or certificate of deposit. If the applicant is
				currently in compliance with the statutes, rules, and orders of the commission,
				the commission will issue to the Bank of North Dakota a compliance statement
				authorizing the Bank of North Dakota to accept cash or a certificate of deposit
				as a bond for the applicant.
2.
				Geophysical exploration contractors shall file with the commission a good and
				sufficient bond in the amount of fifty thousand dollars if the contractor
				intends to conduct shot hole operations or in the amount of twenty-five
				thousand dollars if the contractor intends to use any other method of
				geophysical exploration. Each subcontractor engaged by the geophysical
				exploration contractor for the drilling and plugging of seismic shot holes
				shall file with the commission a good and sufficient bond in the amount of ten
				thousand dollars.
General Authority: NDCC 38-08.1
Law Implemented: NDCC
					 38-08.1-03.1
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-04 - Exploration permit -Application - Expiration

Current through Supplement No. 393, July, 2024
1. Any person applying to the commission for
				an exploration permit must have a certificate to conduct geophysical
				exploration pursuant to subsection 3 of North Dakota Century Code section
				38-08.1-03.1. A person may not
				commence geophysical exploration activities in this state without first
				obtaining an exploration permit from the commission. An application for an
				exploration permit must be submitted to the commission at least three business
				days before commencing operations and include the following:
a. The name, permanent address, and telephone
				number of the geophysical contractor and the geophysical contractor's local
				representative.
b. The name,
				permanent address, and telephone number of the drilling and hole plugging
				contractor, if different from the seismic contractor.
c. The name and address of the resident agent
				for service of process of the person intending to engage in geophysical
				exploration.
d. The bond number,
				type, and amount for the geophysical company.
e. The geophysical exploration method (i.e.,
				shot hole, nonexplosive, 2D, or 3D).
f. The number, depth, and location of the
				seismic holes and the size of the explosive charges, if applicable.
g. The anticipated starting date of seismic
				and plugging operations.
h. The
				anticipated completion date of seismic and plugging operations.
i. A description of hole plugging
				procedures.
j. A preplot map
				displaying the proposed seismic source points and receiver lines and
				specifically identifying all source points that do not comply with section
				43-02-12-05.
k. A fee of one hundred dollars.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-05 - Distance restrictions - Shot hole operations - Nonexplosive methods

Current through Supplement No. 393, July, 2024
Seismic shot hole operations may not be conducted less than
				  six hundred sixty feet [201.17 meters] from water wells, buildings, underground
				  cisterns, pipelines, and flowing springs.
Nonexplosive exploration methods may not be conducted less
				  than three hundred feet [91.44 meters] from water wells, buildings, underground
				  cisterns, pipelines, and flowing springs.
Variances may be granted to this section by written agreement
				  between the permitholder and the owner of the subject property and must be
				  available to the director upon request.
General Authority: NDCC 38-08.1
Law Implemented: NDCC
					 38-08.1-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-06 - Notification of work performed

Current through Supplement No. 393, July, 2024
The director may require progress reports prior to the
				  completion of a project. Within thirty days following the completion of
				  geophysical exploration by any person within this state, such person shall file
				  with the commission a seismic completion report in the form of an affidavit
				  deposing that the seismic project was completed in accordance with chapter
				  43-02-12, and incorporating a postplot map displaying the actual source point
				  location and the location of all undetonated (loaded) holes, blowouts, and
				  flowing holes or any other problem holes the director deems necessary. If
				  obtained by the contractor, the latitude and longitude of each source and
				  receiver point shall be submitted to the commission to the nearest tenth of a
				  second.
Any person plugging a seismic hole must submit a plugging
				  report and an affidavit of plugging detailing the line number, shot point
				  number, hole depth, drill type, hole condition (wet, dry), bentonite used
				  (sacks, capsules), and the depth at which the surface plug was set, and all
				  other information necessary to describe the conditions of the shot hole.
The director is authorized to approve an operator's request
				  to suspend a geophysical exploration project, although no suspension shall be
				  granted beyond ninety days unless all charges are detonated.
The director is authorized to suspend operations of the
				  entire geophysical exploration project, or any portion thereof, if further
				  activity will cause excessive damage to the surface of the land. The
				  geophysical exploration activity may continue upon the director approving a
				  plan to mitigate the damage.
General Authority: NDCC 38-08.1
Law Implemented: NDCC
					 38-08.1-02,
					 38-08.1-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-07 - Drilling and plugging requirements

Current through Supplement No. 393, July, 2024
1.
				Prior to commencement of any drilling or plugging operations, the director may
				require a field meeting with the geophysical contractor and
				subcontractors.
2. Except in those
				circumstances in which the director allows otherwise, all seismic shot holes
				must be plugged the same day as they were drilled and loaded. Any blown out
				shot holes must be plugged as soon as reasonably practicable, unless, upon
				application, the director grants an extension which may not exceed ninety days.
				All seismic shot holes must be temporarily capped until final
				plugging.
3. If the number of
				drilling rigs on a proposed project exceeds the director's capacity to provide
				appropriate inspection, the director may limit the number of drilling
				rigs.
4. Bentonite materials used
				in seismic hole plugging must be derived from naturally occurring untreated,
				high swelling sodium bentonite which consists principally of the mineral
				montmorillonite.
5. A durable
				nonmetallic plug, designed to fit the hole, must be set at a depth of
				approximately three feet [91.44 centimeters] below the surface of every shot
				hole.
6. Unless the contractor can
				prove to the satisfaction of the commission that another method will provide
				better protection to ground water and long-term land stability, seismic shot
				hole plugging shall be conducted in the following manner:
a. When water is used in conjunction with the
				drilling of seismic shot holes or when water is encountered in the hole, the
				shot holes are to be filled with coarse ground bentonite approximately
				three-fourths of one inch [19.05 millimeters] in diameter from the top of the
				charge up to a depth above the final water level. Cuttings shall be added from
				the top of the bentonite to the surface. Only dry cuttings shall be utilized
				when plugging the shot hole. All cuttings added above the nonmetallic plug
				shall be tamped.
b. When drilling
				with air only, and in completely dry holes, a plugging may be accomplished by
				returning the cuttings to the hole. A small mound must be left over the hole
				for settling allowance.
c.
				Remaining cap leads must be cut off below ground level and any drilling fluid
				or cuttings which are deposited on the surface around the seismic hole will be
				spread out in such a manner that the growth of natural grasses or foliage will
				not be impaired.
d. Any markings,
				including lath, pin flags, flagging, or any other debris left on the project
				area, including the powder magazine, must be removed and lawfully disposed
				of.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-12 - Geophysical Exploration Requirements › Section 43-02-12-08 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All geophysical, drilling, and plugging contractors shall
				  make and keep appropriate books and records for a period of not less than six
				  years, covering their operations in North Dakota from which they may be able to
				  make and substantiate the reports required by this chapter.
General Authority: NDCC 38-08.1
Law Implemented: NDCC
					 38-08.1-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapters 38-23 and 38-08 except:
1. "Active institutional controls" are the
				means used to control access to an open or closed high-level radioactive waste
				disposal site by anything other than passive institutional controls. Active
				institutional controls include fencing, guards, security cameras,
				etc.
2. "Certified or registered
				mail" means any form of service by the United States postal service, federal
				express, Pitney Bowes, and any other commercial, nationwide delivery service
				that provides the mailer with a document showing the date of delivery or
				refusal to accept delivery.
3.
				"High-level radioactive waste facility" as defined in North Dakota Century Code
				section 38-23-02 also includes all surface structures (buildings, slabs or
				pads, tunnels, pipelines, etc.) for either a storage or a disposal facility as
				well as all subsurface structures, disposal wells, and caverns.
4. "Occupied dwelling" or "permanently
				occupied dwelling" means a residence that is lived in by a person at least six
				months throughout a calendar year.
5. "Passive institutional controls" are
				permanent markers or structures intended to reduce the likelihood of humans
				unintentionally intruding into a high-level radioactive waste disposal site for
				thousands of years after it is closed.
6. "Well" means any hole drilled for the
				purpose of information gathering, storage, or disposal of high-level
				radioactive waste.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains general rules of statewide application
				  which have been adopted by the industrial commission to regulate the
				  exploration, testing, placement, storage, and disposal of high-level
				  radioactive waste to provide for operation in a manner as to protect the
				  citizens of North Dakota. The commission may grant exceptions to this chapter,
				  after due notice and hearing, when such exceptions will result in effectuating
				  the purpose and intent of North Dakota Century Code chapter 38-23.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-03 - Enforcement of laws, rules, and regulations dealing with exploration, development, and storage or disposal of high-level radioactive wastes

Current through Supplement No. 393, July, 2024
The commission, its agents, representatives, and employees
				  shall enforce all rules and statutes of North Dakota relating to high-level
				  radioactive waste. However, it is the responsibility of all owners, operators,
				  and contractors of high-level radioactive waste facilities to obtain
				  information pertaining to the regulation of high-level radioactive waste
				  disposal before operations have begun.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-04 - Waste prohibited

Current through Supplement No. 393, July, 2024
All operators, contractors, drillers, carriers, service
				  companies, and all other persons at all times shall conduct their operations in
				  the drilling, plugging, storage, disposal, and site reclamation of high-level
				  radioactive waste in a manner that will prevent waste and prevent the release
				  of radioactive materials into the environment.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-05 - Forms upon request

Current through Supplement No. 393, July, 2024
Forms for written notices, requests, and reports required by
				  the commission must be furnished upon request. These forms must be of such
				  nature as prescribed by the commission to cover proposed work and to report the
				  results of completed work.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-06 - Authority to cooperate with other agencies

Current through Supplement No. 393, July, 2024
The commission from time to time may enter arrangements with
				  state and federal government agencies, industry committees, and individuals
				  with respect to special projects, services, and studies relating to high-level
				  radioactive waste disposal.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-07 - Organization reports

Current through Supplement No. 393, July, 2024
Every person acting as principal or agent for another or
				  independently engaged in the exploration, drilling, testing, placement,
				  storage, and disposal of high-level radioactive waste or retains ownership of
				  equipment used for high-level radioactive waste storage or disposal or retains
				  ownership of high-level radioactive waste facilities in North Dakota
				  immediately shall file with the state geologist the name under which such
				  business is being conducted and operated; the name and post office address of
				  such person; the business or businesses in which the person is engaged; the
				  plan of organization, and in case of a corporation, the law under which it is
				  chartered; and the names and post office addresses of any person acting as
				  trustee, together with the names and post office addresses of any officials on
				  an organization report. If such business is conducted under an assumed name,
				  such organization report must show the names and post office addresses of all
				  owners in addition to the other information required. A new organization report
				  must be filed when there is a change in any of the information contained in the
				  report.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-08 - Geotechnical and geophysical surveys

Current through Supplement No. 393, July, 2024
By special order of the commission, periodic surveys may be
				  made of both the rock containing high-level radioactive waste and the rocks
				  above and below it. These surveys must be thorough and complete and must be
				  made using methods approved by the director. The condition of the rocks
				  containing high-level radioactive waste and the practices and methods employed
				  by the operators must be investigated. All operators shall permit and assist
				  the agents of the commission in making any and all special tests that may be
				  required by the commission on any or all exploration wells, disposal wells,
				  disposal caverns, or storage sites. All geophysical operations shall comply
				  with North Dakota Century Code chapter 38-08.1.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-09 - Access to property and records

Current through Supplement No. 393, July, 2024
The commission, director, and their representatives shall
				  have access to all exploration test well, storage and disposal well, and
				  high-level radioactive waste facility records wherever located. All owners,
				  operators, drilling contractors, drillers, service companies, or other persons
				  engaged in drilling, completing, or servicing wells or constructing, servicing,
				  and maintaining facilities shall permit the commission, director, and their
				  representatives to come upon any property, well, or drilling rig operated or
				  controlled by them, complying with state safety rules and to inspect the
				  records and operation of such wells, and to have access at all times to any and
				  all records of wells. If requested, copies of such records must be filed with
				  the commission.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-10 - Test well bond

Current through Supplement No. 393, July, 2024
Before any person receives a permit to drill a test well or
				  perform a test that causes surface disturbance while exploring for a high-level
				  radioactive waste disposal site, the person shall submit to the commission and
				  obtain its approval of a surety bond or cash bond. An alternate form of
				  security may be approved by the commission after notice and hearing, as
				  provided by law. The operator of a test well or other types of exploration or
				  testing that causes surface disturbance shall be the principal on the bond
				  covering such activity. Each such surety bond must be executed by a responsible
				  surety company authorized to transact business in North Dakota. The bond must
				  be based upon the estimated costs to plug the test well at the projected total
				  depth and the surface restoration costs. Bonds must be conditioned upon full
				  compliance with North Dakota Century Code chapter 38-23, and all administrative
				  rules and orders of the commission, and continues until the test well has been
				  satisfactorily plugged which must include practical reclamation of the well
				  site and appurtenances, and all logs, plugging records, and other pertinent
				  data required by statute or rules and orders of the commission are filed and
				  approved.
Bond termination.
The commission, in writing,
				  shall advise the principal and any sureties on any bond as to whether the
				  plugging and reclamation is approved. If approved, liability under such bond
				  may be terminated formally upon receipt of a written request by the principal.
				  The request must be signed by an officer of the principal or a person
				  authorized to sign for the principal.
Director's authority.
The director is vested
				  with the power to act for the commission as to all matters within this section,
				  except requests for alternative forms of security, which only may be approved
				  by the commission. The commission may refuse to accept a bond if the operator
				  or surety company has failed in the past to comply with statutes, rules, or
				  orders relating to the operation of wells or high-level radioactive waste
				  facilities; if a civil or administrative action brought by the commission is
				  pending against the operator or surety company; or for other good cause.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-11 - Facility bond

Current through Supplement No. 393, July, 2024
Before any person receives a permit to construct a high-level
				  radioactive waste facility, the person shall submit to the commission and
				  obtain its approval of a surety bond or cash bond. An alternate form of
				  security may be approved by the commission after notice and hearing, as
				  provided by law. The operator of a high-level radioactive waste facility shall
				  be the principal on the bond covering such activity. Each such surety bond must
				  be executed by a responsible surety company authorized to transact business in
				  North Dakota. The amount of the bond must be based upon the size and scope of
				  the facility and all costs associated with its reclamation. Bonds must be
				  conditioned upon full
compliance with North Dakota Century Code chapter 38-23, and
				  all administrative rules and orders of the commission, and continues until the
				  high-level radioactive waste facility, including surface facilities and all
				  disposal wells or subsurface caverns have been satisfactorily plugged and
				  reclaimed pursuant to
				  chapter
				  43-02-03 and all logs,
				  plugging records, and other pertinent data required by statute or rules and
				  orders of the commission are filed and approved.
Bond termination.
The commission, in writing,
				  shall advise the principal and any sureties on any bond as to whether the
				  plugging and reclamation is approved. If approved, liability under such bond
				  may be terminated formally upon receipt of a written request by the principal.
				  The request must be signed by an officer of the principal or a person
				  authorized to sign for the principal.
Director's authority.
The director is vested
				  with the power to act for the commission as to all matters within this section,
				  except requests for alternative forms of security, which only may be approved
				  by the commission. The commission may refuse to accept a bond if the operator
				  or surety company has failed in the past to comply with statutes, rules, or
				  orders relating to the operation of high-level radioactive waste facilities; if
				  a civil or administrative action brought by the commission is pending against
				  the operator or surety company; or for other good cause.
The size and the scope of the operation must be evaluated
				  annually and the department may increase or decrease the bond amount to reflect
				  the results of the evaluation.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-12 - Exploration permit

Current through Supplement No. 393, July, 2024
A permit is required prior to commencement of operations for
				  the drilling, boring, excavating, testing, and either land-based or airborne
				  geophysical surveying for the purpose of exploring for a high-level radioactive
				  waste facility. It is unlawful to proceed with these activities without first
				  obtaining an exploration permit from the commission.
The application for a permit to drill must be filed with the
				  director, together with a permit fee to be determined by the state geologist
				  based upon the cost for the commission to review, investigate, and process the
				  application. The permit application must be accompanied by a notice of
				  opportunity for a position paper from the commissioners of the county where the
				  drilling will take place. No activity may commence until such application is
				  approved and a permit to explore is issued by the commission. The application
				  must be accompanied by the bond pursuant to section 43-02-13-11 or the
				  applicant previously must have filed such bond with the commission, otherwise
				  the application is incomplete. An incomplete application received by the
				  commission has no standing and will not be deemed filed until it is
				  complete.
A permit is required for each test well or each method of
				  exploration. The area to be explored must be outlined on the application and
				  the permit shall be valid in the area so outlined. The application for permit
				  to drill must be accompanied by an accurate plat certified by a registered
				  surveyor showing the location of the proposed well with reference to true north
				  and the nearest lines of a governmental section. The plat also must include
				  latitude and longitude of the proposed test well location to the nearest tenth
				  of a second. Information to be included in such application must be the
				  proposed depth to which the test well will be drilled; estimated depth to the
				  top of important stratigraphic markers; estimated depth to the top of objective
				  horizons; the proposed mud program; the proposed casing program, including size
				  and weight; the depth at which each casing string is to be set; the proposed
				  pad layout, including cut and fill diagrams; and the proposed amount of cement
				  to be used, including the estimated top of the cement, the proposed procedure,
				  and the estimated completed total depth. The drilling, testing, and plugging of
				  exploratory test wells must comply with all applicable rules in section
				  43-02-03.
The exploration permit is in effect for one year.
General Authority:
NDCC 38-23-04
Law Implemented:
NDCC
					 38-23-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-14 - County zoning authority in the permitting process

Current through Supplement No. 393, July, 2024
Prior to a person submitting either an exploration permit or
				  a facility permit, the person shall confirm the size, scope, and location of
				  the project conforms to the county zoning regulations.
General Authority:
NDCC 38-23-09
Law Implemented:
NDCC
					 38-23-09
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-15 - Notice and hearing

Current through Supplement No. 393, July, 2024
A permit may be issued only after notice and hearing and the
				  notice must follow Rule 4 of the North Dakota Rules of Civil Procedure. The
				  permit applicant must follow the notification and publication requirements in
				  North Dakota Century Code section 38-23-04.
General Authority:
NDCC 38-23-04
Law Implemented:
NDCC
					 38-23-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-16 - Permit review timelines

Current through Supplement No. 393, July, 2024
The commission may take up to six months to review and
				  approve or deny an exploration permit. During that time, the commission shall
				  review the exploration permit, bring the exploration permit application before
				  the advisory council, and hold a hearing on the exploration permit
				  application.
The commission may take up to twelve months to review and
				  approve or deny a high-level radioactive waste facility permit. During that
				  time, the commission shall review the high-level
radioactive waste facility permit, bring the high-level
				  radioactive waste facility permit application before the advisory council, and
				  hold a hearing on the high-level radioactive waste facility permit
				  application.
General Authority:
NDCC 38-23-04
Law Implemented:
NDCC
					 38-23-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-17 - Notice of disapproval

Current through Supplement No. 393, July, 2024
The notice of disapproval to be issued to Congress within the
				  time period mandated by the federal Nuclear Waste Policy Act. The notice of
				  disapproval to be accompanied by a statement of reasons explaining why the
				  commission disapproved of the recommended repository site.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-18 - Federal agencies and federal regulations

Current through Supplement No. 393, July, 2024
Any high-level radioactive waste facility shall comply with
				  all applicable federal regulations including those of the nuclear regulatory
				  commission, Title 10, Code of Federal Regulations, and the environmental
				  protection agency, 40 Code of Federal Regulations, Part 191.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-19 - Site construction

Current through Supplement No. 393, July, 2024
In the construction of a well site, access road, and all
				  associated facilities, the topsoil must be removed, stockpiled, and stabilized
				  or otherwise reserved for use when the area is reclaimed. "Topsoil" means the
				  suitable plant growth material on the surface; however, in no event may this be
				  deemed to be more than the top twelve inches [30.48 centimeters] of soil or
				  deeper than the depth of cultivation, whichever is greater. Soil stabilization
				  materials, liners, fabrics, and other materials to be used onsite, on access
				  roads or associated facilities, must be reported on a sundry notice to the
				  director within thirty days after application. The reclamation plan for such
				  materials also must be included. When necessary to prevent pollution of the
				  land surface and fresh waters, the director may require the site to be sloped
				  and diked. Sites may not be located in, or hazardously near, bodies of water,
				  nor may the sites block natural drainages. Sites and associated facilities must
				  be designed to divert surface drainage from entering the site. Sites or
				  appropriate parts thereof must be fenced if required by the director. Sites
				  must be stabilized to prevent erosion.
General Authority:
NDCC 38-23-04
Law Implemented:
NDCC
					 38-23-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-20 - Geologic data

Current through Supplement No. 393, July, 2024
The following basic data collected by the operator must be
				  delivered, free of charge, to the state geologist within thirty days of
				  collection:
1. Washed and packaged
				sample cuts.
2. Cores, except those
				portions used for necessary testing or analysis, in which case the results of
				testing, the analysis, and the description of missing portions must be
				submitted to the state geologist.
3. Copies of all logs, including sample logs,
				radioactivity logs, resistivity logs, and other types of electrical or
				mechanical logs.
4. Elevation and
				location information on the data collection points.
5. Other pertinent information required by
				the state geologist.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-21 - Reports

Current through Supplement No. 393, July, 2024
Monthly reports on well activities, including drilling,
				  completion, waste insertion, and plugging must be submitted to the state
				  geologist. The amount of high-level radioactive waste in temporary storage,
				  long-term storage, or has been disposed also must be reported on a monthly
				  basis, due on the fifth day of the following month. Forms for written notices,
				  requests, and reports required by the commission must be furnished upon
				  request. These forms must be of such nature as prescribed by the commission to
				  cover proposed work and to report the results of completed work.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-22 - Facility annual operating fee

Current through Supplement No. 393, July, 2024
The amount of the annual operating fee, pursuant to North
				  Dakota Century Code section 38-23-03, is due on January fifteenth. The one
				  million dollar minimum fee threshold to be adjusted to reflect any increase in
				  the consumer price index published by the United States department of labor
				  from the year 2020 to the consumer price index published by the United States
				  department of labor at the time the fee is imposed.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-23 - Reclamation of exploration test wells

Current through Supplement No. 393, July, 2024
The plugging and reclamation of exploration test wells must
				  comply with all applicable rules in
				  chapter
				  43-02-03, including
				  plugging and site reclamation. The commission may require the well bore to be
				  filled with concrete or another approved plugging material from the base of the
				  hole to the ground surface.
All lands disturbed during exploration must be reclaimed to a
				  condition consistent with prior land use and productive capacity.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-24 - Reclamation of facilities

Current through Supplement No. 393, July, 2024
The plugging and reclamation of high-level radioactive waste
				  facilities must comply with all applicable rules in
				  chapter
				  43-02-03. Well bore
				  must be filled with concrete or another plugging material approved by the
				  commission from the top of the waste to the ground surface.
All buildings and infrastructure not used for either site
				  monitoring or security must be removed. All disturbed lands must be reclaimed
				  to a condition consistent with prior land use and productive capacity.
The exceptions to this is the area that contains signs or
				  structures that are to be placed over the site to warn or dissuade future
				  generations from occupying the surface, drilling into the subsurface, or
				  disturbing the disposal wells, shafts, or chambers given the long-term nature
				  of the high-level radioactive waste.
Upon final closure of the waste disposal site, both active
				  and passive institutional controls must be implemented in and around the site.
				  The means and the length of time that active institutional controls are
				  maintained must be determined by the commission after consulting with the
				  advisory council. The signs and structures comprising the passive institutional
				  controls must be determined by the commission after consulting with the
				  advisory council. Documents containing the location and depth of the waste,
				  well construction, plugging and reclamation information, years of operation,
				  half-lives of the radioactive waste, and other pertinent data must be
				  permanently stored in the local, state, and national archives.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-25 - Hearings - Complaint proceedings - Emergency proceedings - Other proceedings

Current through Supplement No. 393, July, 2024
1. Except as more
				specifically provided in North Dakota Century Code section 38-08-11, the rules
				of procedure established in subsection 1 of North Dakota Century Code section
				28-32-21 apply to proceedings involving a complaint and a specific-named
				respondent.
2. For proceedings that
				do not involve a complaint and a specific-named respondent the commission shall
				give at least fifteen days' notice, except in emergency, of the time and place
				of hearing thereon by one publication of such notice in a newspaper of general
				circulation in Bismarck, North Dakota, and in a newspaper of general
				circulation in the county where the land affected or some part thereof is
				situated, unless in some particular proceeding a longer period of time or a
				different method of publication is required by law, in which event such period
				of time and method of publication prevails. The notice must issue in the name
				of the commission and must conform to the other requirements provided by
				law.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-26 - Investigatory hearings

Current through Supplement No. 393, July, 2024
The commission may hold investigatory hearings upon the
				  institution of a proceeding or by motion of the commission. Notice of the
				  hearing must be served upon all parties personally or by certified mail at
				  least five days before the hearing.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-27 - Official record

Current through Supplement No. 393, July, 2024
The evidence in each case heard by the commission, unless
				  specifically excluded by the hearing officer, includes the certified
				  directional surveys, and all oil, water, and gas production records, and all
				  injection records on file with the commission.
Any interested party may submit written comments on or
				  objections to the application prior to the hearing date. Such submissions must
				  be received no later than five p.m. on the last business day prior to the
				  hearing date and may be part of the record in the case if allowed by the
				  hearing examiner.
Settlement negotiations between parties to a contested case
				  are admissible only as governed by North Dakota Century Code section 28-32-24,
				  although the hearing officer may strike such testimony from the record for good
				  cause.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-28 - Petitions for review of recommended order and oral arguments prohibited

Current through Supplement No. 393, July, 2024
Neither petitions for review of a recommended order nor oral
				  arguments following issuance of a recommended order and pending issuance of a
				  final order are allowed.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-29 - Notice of order by mail

Current through Supplement No. 393, July, 2024
The commission may give notice of an order by mailing the
				  order, and findings and conclusions upon which it is based, to all parties by
				  regular mail provided it files an affidavit of service by mail indicating upon
				  whom the order was served.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-30 - Service and filing

Current through Supplement No. 393, July, 2024
All pleadings, notices, written motions, requests, petitions,
				  briefs, and correspondence to the commission or commission employee from a
				  party, or vice versa, relating to a proceeding after its commencement, must be
				  filed with the director and entered in the commission's official record of the
				  procedure provided the record is open at the time of receipt. All parties are
				  entitled to receive copies upon request of any or all of the evidence in the
				  record of the proceedings. The commission may charge for the actual cost of
				  providing copies of evidence in the record. Unless otherwise provided by law,
				  filing is complete when the material is entered in the record of the
				  proceeding.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-31 - Designation of examiners

Current through Supplement No. 393, July, 2024
The commission by motion may designate and appoint qualified
				  individuals to serve as examiners. The commission may refer any matter or
				  proceeding to any legally designated and appointed examiner or
				  examiners.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-32 - Powers and duties of examiner

Current through Supplement No. 393, July, 2024
The commission by motion may limit the powers and duties of
				  any examiner in any particular case to such issues or to the performance of
				  such acts as the commission deems expedient; however, subject only to such
				  limitation as may be ordered by the commission, the examiner or examiners to
				  whom any matter or proceeding is referred under this chapter have full
				  authority to hold hearings on
such matter or proceeding in accordance with and pursuant to
				  this chapter. The examiner may regulate all proceedings before the examiner and
				  to perform all acts and take all measures necessary or proper for the efficient
				  and orderly conduct of such hearing, including ruling on prehearing motions,
				  the swearing of witnesses, receiving of testimony and exhibits offered in
				  evidence, subject to such objections as may be imposed, and shall cause a
				  complete record of the proceeding to be made and retained.
General Authority:
NDCC 38-23-03
Law Implemented:
NDCC
					 38-23-03