North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-13 - High-Level Radioactive Waste › Section 43-02-13-13 - Facility permit

Current through Supplement No. 393, July, 2024
A facility permit application is required prior to
				  commencement of operations to create or construct a high-level radioactive
				  waste facility. The application for a high-level radioactive waste facility
				  permit must be filed with the director, together with a permit fee. The amount
				  of the permit fee is 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 facility will be located. No
				  activity may commence until such application is approved and a permit to
				  explore is issued by the director. The application must be accompanied by the
				  bond pursuant to section 43-02-13-12 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 may
				  not be deemed filed until it is complete.
Prior to the issuance of a permit, the operator shall deposit
				  one hundred million dollars or one million dollars per permitted acre,
				  whichever is the greater amount, into the high-level radioactive waste fund.
				  The deposit amount is 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 department of labor at the
				  time of the construction of the project. The half-lives of some of the
				  radioactive waste will be dangerous much longer than any sign, monument, or
				  avoidance structures would remain unless they are maintained in perpetuity.
				  This money is to be used to ensure the passive institutional controls are
				  maintained for thousands of years.
The high-level radioactive waste facility permit application
				  must include:
1. A description of the
				high-level radioactive waste facility to be permitted. The area of the facility
				must be outlined on the application and the permit shall be valid in the area
				so outlined. The facility application must be accompanied by an accurate plat
				certified by a registered surveyor showing the location of the proposed
				facility and 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 storage or disposal location to the nearest tenth of a
				second.
2. High-level radioactive
				waste facility information will include the proposed depth to which the storage
				or disposal hole 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, disposal, and plugging
				of high-level radioactive waste facility disposal wells must comply with all
				applicable rules in
				43-02-03.
3. A detailed description of the high-level
				radioactive material to be stored or disposed.
4. A detailed description of the mechanical
				construction and operating procedures of the high-level radioactive waste
				facility.
5. A justification for
				the need for the high-level radioactive waste facility to be permitted,
				including economic impact.
6. A
				detailed discussion and description of the subsurface geology and hydrology of
				the area to be affected by the construction and operation of the high-level
				radioactive waste facility.
7. A
				detailed discussion and description of the monitoring system to be used to
				ascertain the integrity of the high-level radioactive waste facility and to
				ensure compliance with this chapter.
8. 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 North Dakota Century Code chapter
				38-23 and this chapter.
9. A
				detailed discussion and description of the active institutional controls that
				would be used while the facility is in operation.
10. A detailed discussion and description of
				the active institutional controls that would be used for a specified period of
				time after the facility has closed.
11. A detailed discussion and description of
				the passive institutional controls that would be constructed after the facility
				has closed, including estimated costs and the projected durability of the
				controls over thousands of years.
12. Architectural plans for all buildings and
				infrastructure within the facility boundaries.
13. Any other information required by the
				commission.
The length and terms of the permit must be decided by the
				  commission but 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 of the procedures and requirements of this
				  chapter.
General Authority:
NDCC 38-23-04
Law Implemented:
NDCC
					 38-23-04