Section 43-02-13-13 - Facility permitA 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.
N.D. Admin Code 43-02-13-13
Adopted by Administrative Rules Supplement 2020-378, October 2020, effective 10/1/2020.General Authority: NDCC 38-23-04
Law Implemented: NDCC 38-23-04