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Alliance finds bill better but not perfect

Rule-making becomes next focus for nuclear waste-watching group

RUGBY – A community group advocating for tighter controls over disposal of nuclear waste in North Dakota plans to monitor future rule-making under a new law signed by the governor last week.

Stephanie Steinke, a spokesperson for North Dakota Community Alliance, Rugby, said legislation passed by the 2019 Legislature was a significant improvement over Senate Bill 2307 as introduced, but much will depend on the details developed through the rule-making process.

“We will still remain quite engaged through that process,” she said. “We will have to keep our eyes on the ball.”

The most important change to the original bill was the addition of prohibitive language, stating the placement, storage, exploration, testing or disposal of high-level radioactive waste within the state’s boundaries is prohibited. Lack of prohibitive language opened North Dakota to activities that other states aren’t allowing, Steinke said.

“It essentially was like an invitation,” she said.

If the prohibition is superseded by federal law, the new state law outlines the method of handling applications for exploration or disposal. It establishes the Industrial Commission, acting through the state geologist, as the point of contact for federal agencies on matters of disposal of high-level radioactive waste. The Legislature would act on applications when in session. Otherwise, the Industrial Commission would have that authority upon consulting with a high-level radioactive waste advisory council and local government entities. County commissions will be able to submit position papers.

The new advisory council will include representatives of the county, city and agricultural community, all appointed by the governor, as well as two senators and two representatives appointed by the majority leaders.

Counties will need to become more involved now, particularly in including language regarding nuclear waste in their planning documents, Steinke said. If counties wish to prohibit the waste, they will need to justify those decisions in planning documents or explain what is needed if the waste is to be allowed, she said.

A county zoning board cannot prohibit disposal but can regulate size, scope and location.

The original bill did not provide for notice other than to landowners within two miles, Steinke said. The final version adds notice to counties and cities within 30 miles and in the newspaper of record at least 60 days, rather than the original 30 days, in advance of a hearing.

Steinke said there remains some concern about the authority of the Industrial Commission to act when the Legislature is not in session because it reduces the role of lawmakers to the advisory council. The alliance also is concerned the approved bill contains no funding mechanism to support the duties of the advisory council, she said. Those duties include reviewing site suitability and issuing a report for any proposed high-level radioactive waste facility to the Legislature or Industrial Commission.

“It’s not the best and it’s not the most robust law in the country, but it certainly is better than how 2037 started this session,” Steinke said, calling it a first step in protecting the state’s agricultural and energy industries. “But this will be an ongoing thing. The industry keeps changing rapidly so we will have to make sure we are up to speed – and that rules-making process will be very important.”

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