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

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