§ 29-0103. Siting criteria for permanent disposal facilities.

1. No later than July thirty-first, nineteen hundred eighty-seven, the
department shall publish draft regulations which specify the criteria
for siting permanent disposal facilities and shall promulgate final
regulations no later than December thirty-first, nineteen hundred
eighty-seven. Such regulations shall be specific to the types of
disposal methods which may be employed at a permanent disposal site and
shall include criteria for:

a. above ground, engineered, monitored disposal;

b. underground mined repository disposal; and

c. where practicable, other disposal methods for which there are
applicable regulations but in no event including shallow land burial.

Such regulations shall specify the minimum characteristics a disposal
site and a disposal method must have under existing federal and state
law to be acceptable for use for permanent disposal facilities.

2. The department shall hold hearings on the proposed siting criteria
regulations.

3. In adopting the siting criteria regulations the department shall
not be subject to the requirements of sections two hundred two-a, two
hundred two-b and two hundred two-c of the state administrative
procedure act.