Section 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.
    4.  The siting criteria regulations shall not be subject to the review
  and approval of the environmental board.