Title 38 — Mining and Gas and Oil Production
35 chapters · 312 sections in this title.
N.D.C.C. § 38-23-01 General prohibition
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The placement, storage, exploration, testing, or disposal of high-level radioactive waste within the exterior boundaries of North Dakota is prohibited. If this provision is superseded by federal law, the remaining provisions of this chapter continue to apply. This section does no…
N.D.C.C. § 38-23-02 Definitions
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As used in this chapter: 1. "Commission" means the industrial commission. 2. "High-level radioactive waste" means: a. Highly radioactive material resulting from the reprocessing of spent nuclear fuel, and other highly radioactive material, containing fission products in sufficien…
N.D.C.C. § 38-23-03 Jurisdiction of the commission and duties
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1. The commission has jurisdiction and authority over any person or property, public or private, necessary to enforce this chapter. The commission may investigate and determine whether facts exist justifying action by the commission. The state geologist shall act as a supervisor …
N.D.C.C. § 38-23-04 Permit required
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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…
N.D.C.C. § 38-23-05 Procedure
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The administrative procedure involved in adopting rules or the issuance of orders by the commission under this chapter must be in accordance with chapter 38-08. If the commission determines an emergency exists which requires the making, revoking, changing, amending, modifying, al…
N.D.C.C. § 38-23-06 Penalty - Injunction - Applicable provisions
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Sections 38-08-16 and 38-08-17 are applicable to the provisions of this chapter and to the rules and orders of the commission adopted or issued under this chapter.
N.D.C.C. § 38-23-07 High-level radioactive waste fund - Continuing appropriation
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There is established a high-level radioactive waste fund into which funds received under an agreement entered under this chapter, permit fees, and civil penalties must be deposited. The commission shall administer the fund and may use the fund to fulfill any of the commission's p…
N.D.C.C. § 38-23-09 County zoning authority
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A county zoning regulation may not prohibit a high-level radioactive waste disposal exploratory drilling permit or a high-level radioactive waste facility permitted by the commission, but may regulate the size, scope, and location.