Section 38-23-04 - Permit required1. 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.Added by S.L. 2019 , ch. 301( SB 2037 ), § 3, eff. 7/1/2019.