HOUSE AMENDED
PRIOR PRINTER'S NOS. 1220, 1680 PRINTER'S NO. 1732
No. 948 Session of 1987
INTRODUCED BY PRIME SPONSOR WITHDREW AND STAUFFER, JUNE 29, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JANUARY 26, 1988
AN ACT
1 Amending the act of July 2, 1984 (P.L.527, No.106), entitled "An <--
2 act providing for the rehabilitation, development and
3 acquisition of land, water and structural resources; defining
4 the powers and duties of certain offices, agencies and
5 municipalities; providing for the allotment of proceeds
6 hereunder including Commonwealth grants; prescribing
7 standards; and making appropriations," extending the period
8 of time for certain expenditures.
9 PROVIDING FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; FURTHER <--
10 PROVIDING FOR POWERS AND DUTIES OF THE DEPARTMENT OF
11 ENVIRONMENTAL RESOURCES AND THE ENVIRONMENTAL QUALITY BOARD;
12 PROVIDING FOR THE SITING OF LOW-LEVEL RADIOACTIVE WASTE
13 DISPOSAL FACILITIES AND FOR THE LICENSING OF OPERATORS
14 THEREOF; ESTABLISHING CERTAIN FUNDS AND ACCOUNTS FOR THE
15 BENEFIT OF HOST MUNICIPALITIES AND THE GENERAL PUBLIC;
16 ESTABLISHING THE LOW-LEVEL WASTE ADVISORY COMMITTEE AND
17 PROVIDING FOR ITS POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP
18 ON THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE
19 COMMISSION; REQUIRING CERTAIN FINANCIAL ASSURANCES; PROVIDING
20 ENFORCEMENT PROCEDURES; PROVIDING PENALTIES; MAKING REPEALS;
21 AND MAKING APPROPRIATIONS.
22 TABLE OF CONTENTS
23 CHAPTER 1. GENERAL PROVISIONS
24 SECTION 101. SHORT TITLE.
25 SECTION 102. LEGISLATIVE FINDINGS.
26 SECTION 103. DEFINITIONS.
1 CHAPTER 3. LOW-LEVEL WASTE DISPOSAL
2 SECTION 301. POWERS AND DUTIES OF THE DEPARTMENT OF
3 ENVIRONMENTAL RESOURCES.
4 SECTION 302. POWERS AND DUTIES OF THE ENVIRONMENTAL QUALITY
5 BOARD.
6 SECTION 303. GENERATION, TRANSPORTATION, HANDLING, MANAGEMENT
7 AND DISPOSAL OF LOW-LEVEL WASTE.
8 SECTION 304. SITING REGULATIONS.
9 SECTION 305. FACILITY DESIGN AND OPERATIONAL MANAGEMENT
10 REGULATIONS.
11 SECTION 306. OPERATOR-LICENSEE DESIGNATE SELECTION.
12 SECTION 307. SITE SELECTION.
13 SECTION 308. OPERATOR LICENSING.
14 SECTION 309. OUT-OF-COMPACT WASTE.
15 SECTION 310. PERMITTING OF GENERATORS, BROKERS AND CARRIERS.
16 SECTION 311. DECOMMISSIONING.
17 SECTION 312. LOW-LEVEL WASTE FUND.
18 SECTION 313. LONG-TERM CARE ACCOUNT.
19 SECTION 314. REGIONAL FACILITY PROTECTION FUND.
20 SECTION 315. FEES, RATES AND SURCHARGES.
21 SECTION 316. FINANCIAL ASSURANCE AND LIABILITY.
22 SECTION 317. LOW-LEVEL WASTE ADVISORY COMMITTEE.
23 SECTION 318 HOST AND AFFECTED MUNICIPALITY BENEFITS AND
24 GUARANTEES.
25 SECTION 319. REBUTTABLE PRESUMPTION.
26 SECTION 320. PROTECTION FROM CONTAMINATION.
27 SECTION 321. LOW-LEVEL WASTE COMPACTION.
28 SECTION 322. NONCOMMERCIAL LOW-LEVEL WASTE INCINERATORS.
29 SECTION 323. LIMITATION ON ACTIONS.
30 CHAPTER 5. ENFORCEMENT AND PENALTIES
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1 SECTION 501. UNLAWFUL CONDUCT.
2 SECTION 502. INSPECTION.
3 SECTION 503. CONFLICTING LAWS.
4 SECTION 504. PENALTIES.
5 SECTION 505. ENFORCEMENT AND ABATEMENT.
6 SECTION 506. CONSTRUCTION OF ACT.
7 SECTION 507. RIGHT OF CITIZEN TO INTERVENE IN PROCEEDINGS.
8 SECTION 508. CITIZEN SUITS.
9 SECTION 509. WHISTLEBLOWER PROVISIONS.
10 CHAPTER 7. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE
11 COMMISSION.
12 SECTION 701. APPOINTMENT AND QUALIFICATION OF COMMISSIONERS.
13 SECTION 702. AUTHORITY OF THE COMMISSION.
14 CHAPTER 9. MISCELLANEOUS PROVISIONS
15 SECTION 901. ANNUAL REPORT.
16 SECTION 902. LIBERAL CONSTRUCTION.
17 SECTION 903. CONSTRUCTION WITH OTHER LAWS.
18 SECTION 904. APPROPRIATIONS.
19 SECTION 905. REPEALS.
20 SECTION 906. EFFECTIVE DATE.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section 9 of the act of July 2, 1984 (P.L.527, <--
24 No.106), known as the Recreational Improvement and
25 Rehabilitation Act, amended July 9, 1986 (P.L.1213, No.107), is
26 amended to read:
27 Section 9. Termination.
28 No funds under this act shall be awarded as grants-in-aid by
29 the Department of Community Affairs after June 30, 1987. All
30 funds appropriated [under section 4] to the Department of
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1 Environmental Resources for site development and material costs
2 for projects authorized pursuant to the act of July 2, 1984
3 (P.L.561, No.112), known as the Pennsylvania Conservation Corps
4 Act, [shall be encumbered by June 30, [1987] 1988, and] shall be
5 expended by June 30, [1988] 1989.
6 Section 2. This act shall take effect immediately.
7 CHAPTER 1 <--
8 GENERAL PROVISIONS
9 SECTION 101. SHORT TITLE.
10 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE LOW-LEVEL
11 RADIOACTIVE WASTE DISPOSAL ACT.
12 SECTION 102. LEGISLATIVE FINDINGS.
13 THE GENERAL ASSEMBLY HEREBY DETERMINES, DECLARES AND FINDS
14 THAT LOW-LEVEL RADIOACTIVE WASTES ARE GENERATED WITHIN THIS
15 COMMONWEALTH; THAT THESE WASTES MUST BE ISOLATED FOR THE FULL
16 HAZARDOUS LIFE OF THE WASTES IN ORDER TO PROTECT THE PUBLIC
17 HEALTH AND SAFETY; THAT THE LOW-LEVEL RADIOACTIVE WASTE POLICY
18 AMENDMENTS ACT OF 1985 REQUIRES EACH STATE TO BE RESPONSIBLE FOR
19 PROVIDING FOR THE AVAILABILITY OF CAPACITY FOR DISPOSAL OF LOW-
20 LEVEL WASTES GENERATED WITHIN ITS BORDERS; THAT SHALLOW LAND
21 BURIAL IS PROHIBITED UNDER THE TERMS OF THE APPALACHIAN STATES
22 LOW-LEVEL RADIOACTIVE WASTE COMPACT; THAT THE ILLEGAL DISPOSAL
23 OF LOW-LEVEL RADIOACTIVE WASTE POSES SEVERE RISKS TO THE HEALTH
24 AND SAFETY OF THE PUBLIC AND THE PROTECTION OF THE ENVIRONMENT;
25 THAT LOW-LEVEL RADIOACTIVE WASTE DISPOSAL CARRIED OUT IN AN
26 ENVIRONMENTALLY SOUND MANNER TO PROTECT THE HEALTH AND SAFETY OF
27 THE PUBLIC IS IN THE PUBLIC INTEREST; AND ACKNOWLEDGING THAT THE
28 DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL BE THE COMMONWEALTH
29 AGENCY WITH THESE RESPONSIBILITIES. IT IS THE PURPOSE OF THIS
30 ACT TO:
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1 (1) IMPLEMENT PENNSYLVANIA'S DUTIES AND RESPONSIBILITIES
2 ARISING UNDER THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE
3 WASTE COMPACT.
4 (2) ESTABLISH AND MAINTAIN, TO THE EXTENT ALLOWABLE
5 UNDER FEDERAL LAW, A COMPREHENSIVE AND PERVASIVE LOW-LEVEL
6 WASTE DISPOSAL MANAGEMENT, LICENSING AND REGULATORY PROGRAM
7 IN THE DEPARTMENT OF ENVIRONMENTAL RESOURCES FOR WHICH ALL
8 COSTS SHALL BE BORNE BY THE LOW-LEVEL WASTE GENERATORS,
9 BROKERS, CARRIERS AND THE REGIONAL FACILITY OPERATOR
10 REGULATED BY THIS ACT.
11 (3) TO THE EXTENT ALLOWED UNDER FEDERAL LAW, REQUIRE THE
12 MINIMIZATION OF THE AMOUNT OF LOW-LEVEL WASTE GENERATED AND
13 THE REDUCTION OF THE VOLUME AND TOXICITY OF LOW-LEVEL WASTE
14 REQUIRING DISPOSAL.
15 (4) PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE, AND
16 THE ENVIRONMENT FROM THE SHORT AND LONG-TERM DANGERS OF LOW-
17 LEVEL WASTE AND ITS TRANSPORTATION, MANAGEMENT AND DISPOSAL.
18 (5) ESTABLISH AN OPEN PUBLIC PROCESS TO LOCATE A
19 REGIONAL FACILITY IN THE COMMONWEALTH, TO DETERMINE THE
20 OPERATOR AND DISPOSAL TECHNOLOGY AND TO LICENSE THE REGIONAL
21 DISPOSAL FACILITY.
22 (6) PROVIDE FOR BENEFITS AND GUARANTEES FOR COMMUNITIES
23 AFFECTED BY THE ESTABLISHMENT, OPERATION AND PRESENCE OF A
24 LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY.
25 (7) ASSURE THE PARTICIPATION OF THE PUBLIC AND OF
26 ELECTED AND APPOINTED OFFICIALS AT ALL LEVELS OF GOVERNMENT
27 IN THE DECISIONMAKING PROCESS, CREATE A PUBLIC ADVISORY
28 COMMITTEE AND ASSIST IN PUBLIC EDUCATION EFFORTS RELATED TO
29 LOW-LEVEL WASTE DISPOSAL.
30 (8) PROHIBIT SHALLOW LAND BURIAL OF LOW-LEVEL
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1 RADIOACTIVE WASTE; EXCEPT THAT THE DEPARTMENT SHALL DEVELOP
2 STANDARDS BY REGULATION FOR THE ONSITE HANDLING AND DISPOSAL
3 OF NATURALLY OCCURRING RADIOACTIVE MATERIALS, ORES AND THEIR
4 WASTE PRODUCTS.
5 (9) PROVIDE A COMPREHENSIVE AND EFFECTIVE STRATEGY FOR
6 THE SITING OF COMMERCIAL LOW-LEVEL WASTE COMPACTORS AND OTHER
7 WASTE MANAGEMENT FACILITIES, AND TO ENSURE THE PROPER
8 TRANSPORTATION, DISPOSAL AND STORAGE OF LOW-LEVEL RADIOACTIVE
9 WASTE.
10 (10) ASSURE THAT THE LOW-LEVEL RADIOACTIVE WASTE
11 FACILITY WILL BE ABOVE GRADE OF THE LAND, UNLESS OTHER
12 DESIGNS PROVIDE SIGNIFICANT IMPROVEMENT IN RECOVERABILITY,
13 MONITORING, PUBLIC HEALTH, AND ENVIRONMENTAL PROTECTION.
14 (11) PROHIBIT THE COMMERCIAL INCINERATION OF RADIOACTIVE
15 WASTES.
16 (12) ASSURE THAT WASTE DISPOSED OF AT THE REGIONAL
17 FACILITY DOES NOT INCLUDE RADIOACTIVE WASTE ORIGINATING
18 OUTSIDE THE APPALACHIAN COMPACT STATES EXCEPT AS OTHERWISE
19 PROVIDED IN THIS ACT.
20 (13) PROVIDE THAT NO LOW-LEVEL RADIOACTIVE WASTE SHALL
21 BE DISPOSED OF AT ANY DISPOSAL FACILITY NOT LICENSED TO
22 ACCEPT LOW-LEVEL RADIOACTIVE WASTE OR AT ANY MUNICIPAL
23 LANDFILL OR COMMERCIAL INCINERATOR.
24 SECTION 103. DEFINITIONS.
25 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
26 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
27 CONTEXT CLEARLY INDICATES OTHERWISE:
28 "ACCOUNT." THE LONG-TERM CARE ACCOUNT.
29 "AFFECTED MUNICIPALITIES." ANY UNIT OF LOCAL GOVERNMENT
30 OTHER THAN THE HOST MUNICIPALITY DESIGNATED AS AN AFFECTED
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1 MUNICIPALITY PURSUANT TO SECTION 318. AFFECTED MUNICIPALITIES
2 MAY BE COUNTIES, CITIES, BOROUGHS, TOWNSHIPS OR SCHOOL
3 DISTRICTS.
4 "APPALACHIAN COMPACT" OR "COMPACT." A COMPACT ENTERED INTO
5 BY PENNSYLVANIA UNDER THE TERMS OF THE LOW-LEVEL RADIOACTIVE
6 WASTE POLICY AMENDMENTS ACT OF 1985, AND AS CONTAINED IN THE
7 APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT LAW.
8 "APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT LAW."
9 THE ACT OF DECEMBER 22, 1985 (P.L.539, NO.120).
10 "ATOMIC ENERGY ACT OF 1954." PUBLIC LAW 83-703, 68 STAT 919,
11 42 U.S.C. § 2011 ET.SEQ.
12 "BROKER." ANY INTERMEDIATE PERSON WHO COLLECTS,
13 CONSOLIDATES, HANDLES, TREATS, PROCESSES, STORES, PACKAGES,
14 SHIPS OR OTHERWISE HAS RESPONSIBILITY FOR OR POSSESSES LOW-LEVEL
15 WASTE.
16 "CARRIER." A PERSON WHO TRANSPORTS LOW-LEVEL WASTE FROM OR
17 TO ANY GENERATOR OR WASTE MANAGEMENT FACILITY OR TO A REGIONAL
18 FACILITY.
19 "COMMERCIAL INCINERATOR." AN INCINERATOR OF LOW-LEVEL
20 RADIOACTIVE WASTE, EXCEPT ONE WHICH INCINERATES WASTE AT THE
21 SITE OF GENERATION OR AT WHICH ONLY WASTE GENERATED WITHIN THE
22 COMPACT BY THE OWNER OF THE INCINERATOR IS INCINERATED.
23 "COMMISSION." THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE
24 WASTE COMMISSION.
25 "COMPACT STATES." THE COMBINED STATES INCLUDING PENNSYLVANIA
26 WHICH HAVE ENTERED INTO THE APPALACHIAN STATES LOW-LEVEL
27 RADIOACTIVE WASTE COMPACT.
28 "CURIE." A UNIT OF MEASURE OF RADIOACTIVITY.
29 "CUSTODIAL AGENCY." THE GOVERNMENT ENTITY DESIGNATED BY THE
30 GOVERNOR OTHER THAN THE LICENSING AGENCY RESPONSIBLE FOR THE
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1 LONG-TERM MONITORING AND CARE OF THE REGIONAL FACILITY.
2 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OF
3 THE COMMONWEALTH.
4 "DISPOSAL." THE ISOLATION OF LOW-LEVEL WASTE FROM THE
5 BIOSPHERE.
6 "ENGINEERED STRUCTURE." MAN-MADE STATE-OF-THE-ART BARRIER
7 DESIGNED TO PROVIDE ADDITIONAL MEASURES FOR CONTAINMENT OF
8 RADIOACTIVE WASTE FROM THE ENVIRONMENT, PROTECTION OF THE
9 INADVERTENT INTRUDER AND STABILITY OF THE DISPOSAL FACILITY AND
10 DESIGNED TO PREVENT ANY RADIOACTIVE RELEASE.
11 "FACILITY." ANY REAL OR PERSONAL PROPERTY AND IMPROVEMENTS
12 THEREOF OR THEREON, AND ANY AND ALL PLANT, STRUCTURES, MACHINERY
13 AND EQUIPMENT, ACQUIRED, CONSTRUCTED, OPERATED, OR MAINTAINED
14 FOR THE MANAGEMENT OR DISPOSAL OF LOW-LEVEL WASTE.
15 "FUND." THE LOW-LEVEL WASTE FUND.
16 "GENERATE." TO PRODUCE LOW-LEVEL WASTE REQUIRING DISPOSAL.
17 "GENERATOR." A PERSON WHOSE ACTIVITY RESULTS IN THE
18 PRODUCTION OF LOW-LEVEL WASTE REQUIRING DISPOSAL.
19 "HAZARDOUS LIFE." THE TIME REQUIRED FOR RADIOACTIVE
20 MATERIALS TO DECAY TO SAFE LEVELS OF RADIOACTIVITY, AS DEFINED
21 BY THE TIME PERIOD FOR THE CONCENTRATION OF RADIOACTIVE
22 MATERIALS WITHIN A GIVEN CONTAINER OR PACKAGE TO DECAY TO
23 MAXIMUM PERMISSIBLE CONCENTRATIONS AS DEFINED BY THE FEDERAL LAW
24 OR BY STANDARDS TO BE SET BY THE HOST STATE, WHICHEVER IS MORE
25 RESTRICTIVE.
26 "HAZARDOUS WASTES." AS DEFINED IN THE ACT OF JULY 7, 1980
27 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT, AND
28 REGULATIONS ADOPTED THEREUNDER.
29 "HOST MUNICIPALITY." ONE OR MORE CITY, BOROUGH, INCORPORATED
30 TOWN OR TOWNSHIP, EXCLUDING COUNTIES, IN WHICH THE LOW-LEVEL
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1 WASTE DISPOSAL FACILITY WILL BE CONSTRUCTED, AS DESIGNATED BY
2 THE DEPARTMENT PURSUANT TO SECTION 318.
3 "INSTITUTIONAL CONTROL PERIOD." THE TIME OF THE CONTINUED
4 OBSERVATION, MONITORING AND CARE OF THE REGIONAL FACILITY
5 FOLLOWING TRANSFER OF CONTROL FROM THE OPERATOR TO THE CUSTODIAL
6 AGENCY, WHICH SHALL CONTINUE FOR THE HAZARDOUS LIFE OF THE
7 WASTE.
8 "LOW-LEVEL WASTE." RADIOACTIVE WASTE THAT:
9 (1) IS NOT HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR
10 FUEL, OR BY-PRODUCT MATERIAL AS DEFINED IN SECTION 11(E)(2)
11 OF THE ATOMIC ENERGY ACT OF 1954 (68 STAT. 921, 42 U.S.C. §
12 2014(E)(2)), WASTE GENERATED AS A RESULT OF ATOMIC ENERGY
13 DEFENSE ACTIVITIES OF THE FEDERAL GOVERNMENT, AND WASTE FOR
14 WHICH THE FEDERAL GOVERNMENT IS RESPONSIBLE UNDER SECTION
15 3(B)(1) OF THE LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS
16 ACT OF 1985; AND
17 (2) IS CLASSIFIED BY THE FEDERAL GOVERNMENT AS LOW-LEVEL
18 WASTE, CONSISTENT WITH THE LOW-LEVEL RADIOACTIVE WASTE POLICY
19 AMENDMENTS ACT OF 1985; OR
20 (3) CONTAINS NATURALLY OCCURRING OR ACCELERATOR PRODUCED
21 RADIOACTIVE MATERIAL, WHICH IS NOT EXCLUDED BY PARAGRAPH (1)
22 OR (2).
23 "LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985."
24 PUBLIC LAW 99-240, 99 STAT. 1842, 42 U.S.C. § 2021B ET SEQ.
25 "MANAGEMENT." THE REDUCTION, COLLECTION, CONSOLIDATION,
26 STORAGE, PROCESSING, INCINERATION, SEPARATION, MINIMIZATION,
27 COMPACTION, SEGREGATION, SOLIDIFICATION, EVAPORATION, PACKAGING
28 OR TREATMENT OF LOW-LEVEL WASTE.
29 "OPERATOR." A PERSON WHO OPERATES A REGIONAL FACILITY.
30 "PERSON." ANY INDIVIDUAL, CORPORATION, PARTNERSHIP,
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1 ASSOCIATION, PUBLIC OR PRIVATE INSTITUTION, COOPERATIVE
2 ENTERPRISE, MUNICIPAL AUTHORITY, PUBLIC UTILITY, TRUST, ESTATE,
3 GROUP, FEDERAL GOVERNMENT OR AGENCY, OTHER THAN THE UNITED
4 STATES NUCLEAR REGULATORY COMMISSION OR ANY SUCCESSOR THERETO,
5 STATE INSTITUTION AND AGENCY, OR ANY OTHER LEGAL ENTITY
6 WHATSOEVER WHICH IS RECOGNIZED BY LAW AS THE SUBJECT OF RIGHTS
7 AND DUTIES. IN ANY PROVISION OF THIS ACT PRESCRIBING A FINE,
8 IMPRISONMENT OR PENALTY, OR ANY COMBINATION OF THE FOREGOING,
9 THE TERM "PERSON" SHALL INCLUDE OFFICERS AND DIRECTORS OF ANY
10 CORPORATION OR OTHER LEGAL ENTITY HAVING OFFICERS AND DIRECTORS.
11 "PROTECTION FUND." THE REGIONAL FACILITY PROTECTION FUND.
12 "RADIATION PROTECTION ACT." THE ACT OF JULY 10, 1984
13 (P.L.688, NO.147).
14 "REGIONAL FACILITY." A FACILITY WHICH HAS BEEN APPROVED BY
15 THE COMMISSION AND LICENSED UNDER THIS ACT FOR THE DISPOSAL OF
16 LOW-LEVEL WASTE.
17 "SECRETARY." THE SECRETARY OF ENVIRONMENTAL RESOURCES OF THE
18 COMMONWEALTH.
19 "SEPARATION." SEGREGATION AND ISOLATION OF ALL LOW-LEVEL
20 RADIOACTIVE WASTE IN ACCORDANCE WITH A WASTE CLASSIFICATION
21 SYSTEM TO BE ESTABLISHED BY REGULATION BY THE DEPARTMENT.
22 "SHALLOW LAND BURIAL." THE DISPOSAL OF LOW-LEVEL RADIOACTIVE
23 WASTE DIRECTLY IN SUBSURFACE TRENCHES WITHOUT ADDITIONAL
24 CONFINEMENT IN ENGINEERED STRUCTURES AND IN PROPER PACKAGING AS
25 DETERMINED UNDER THIS ACT.
26 "ZERO RELEASE CAPACITY." THE ABILITY NOT TO RELEASE
27 RADIOACTIVITY.
28 CHAPTER 3
29 LOW-LEVEL WASTE DISPOSAL
30 SECTION 301. POWERS AND DUTIES OF THE DEPARTMENT OF
19870S0948B1732 - 10 -
1 ENVIRONMENTAL RESOURCES.
2 THE DEPARTMENT SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO:
3 (1) DEVELOP AND IMPLEMENT A COMPREHENSIVE PROGRAM FOR
4 THE REGULATION OF THE GENERATION, STORAGE, HANDLING,
5 TRANSPORTATION, PROCESSING, MINIMIZATION, SEPARATION,
6 MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE TO THE
7 EXTENT ALLOWABLE UNDER FEDERAL LAW OR STATE LAW, WHICHEVER IS
8 MORE STRINGENT.
9 (2) IMPLEMENT A REGULATORY, INSPECTION, ENFORCEMENT AND
10 MONITORING PROGRAM CONSISTENT WITH THE TERMS OF AN AGREEMENT
11 BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND
12 THE COMMONWEALTH, AS PROVIDED FOR IN SECTION 201 OF THE
13 RADIATION PROTECTION ACT, AND THIS ACT.
14 (3) ENTER INTO A CONTRACT WITH AN OPERATOR-LICENSEE
15 DESIGNATE TO SCREEN THE STATE TO LOCATE POTENTIALLY SUITABLE
16 SITES, TO STUDY THE SITES IN DETAIL, AND TO SUBMIT A LICENSE
17 APPLICATION TO OPERATE THE REGIONAL FACILITY.
18 (4) LICENSE A REGIONAL FACILITY OPERATOR IN ACCORDANCE
19 WITH SECTION 308 AND REGULATIONS PROMULGATED HEREUNDER.
20 (5) ISSUE PERMITS TO GENERATORS, BROKERS AND CARRIERS OF
21 LOW-LEVEL WASTE FOR ACCESS TO THE REGIONAL FACILITY IN
22 ACCORDANCE WITH PROVISIONS OF THIS ACT AND WITH SPECIFIC
23 REGULATIONS PROMULGATED UNDER THIS ACT.
24 (6) RECEIVE TITLE TO THE LAND FOR USE AS A REGIONAL
25 FACILITY FROM THE LICENSEE FOR EVENTUAL TRANSFER TO THE
26 CUSTODIAL AGENCY OR ACQUIRE LAND BY EMINENT DOMAIN IN THE
27 MANNER PROVIDED IN THE ACT OF JUNE 22, 1964 (SP.SESS.,
28 P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE, IF THE
29 OPERATOR-LICENSEE DESIGNATE CANNOT ACQUIRE THE PROPERTY PRIOR
30 TO SUBMITTING AN APPLICATION TO THE DEPARTMENT FOR A LICENSE.
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1 (7) USE COMMONWEALTH PROPERTY FOR THE REGIONAL FACILITY
2 WHERE SUCH USE IS CONSISTENT WITH USES AUTHORIZED UNDER STATE
3 LAW.
4 (8) PROVIDE FOR THE LICENSING AND REGULATION OF A
5 CUSTODIAL AGENCY FOR THE LONG-TERM CARE AND MONITORING OF THE
6 REGIONAL FACILITY FOR THE DURATION OF THE INSTITUTIONAL
7 CONTROL PERIOD IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY
8 THE ENVIRONMENTAL QUALITY BOARD.
9 (9) PROVIDE FOR THE EMERGENCY CARE AND MONITORING OF THE
10 REGIONAL FACILITY, WHICH MAY INCLUDE THE APPOINTMENT OF AN
11 INTERIM OPERATOR IF THE DEPARTMENT DETERMINES THAT:
12 (I) THE LICENSEE HAS FAILED TO COMPLY WITH THE TERMS
13 AND CONDITIONS OF THE CONTRACT OR IS IN VIOLATION OF THIS
14 ACT, REGULATION OR LICENSE CONDITIONS, PERMITS OR ORDER
15 ISSUED UNDER THIS ACT, OR THE RADIATION PROTECTION ACT,
16 AND A THREAT EXISTS TO THE HEALTH OR SAFETY OF THE PUBLIC
17 OR THE ENVIRONMENT; OR
18 (II) THE LICENSEE IS IN REPEATED OR CONTINUING
19 VIOLATION OF THIS ACT, REGULATIONS OR THE TERMS AND
20 CONDITIONS OF ANY LICENSE, PERMIT OR ORDER ISSUED UNDER
21 THIS ACT, OR THE RADIATION PROTECTION ACT.
22 (10) IMPLEMENT POLICIES, INCLUDING FEE SCHEDULES AND
23 OTHER INCENTIVES, TO THE EXTENT AUTHORIZED BY THE APPALACHIAN
24 COMPACT, STATE AND FEDERAL LAW TO REDUCE THE VOLUME AND
25 TOXICITY OF LOW-LEVEL RADIOACTIVE WASTE.
26 (11) PROMULGATE REGULATIONS ESTABLISHING A LOW-LEVEL
27 RADIOACTIVE WASTE CLASSIFICATION SYSTEM WHICH SHALL TAKE INTO
28 CONSIDERATION CURIE CONCENTRATION, TOXICITY, HAZARDOUS LIFE
29 AND PRIOR TREATMENT OF WASTES.
30 (12) PROMULGATE REGULATIONS ESTABLISHING STANDARDS FOR
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1 THE HAZARDOUS LIFE OF LOW-LEVEL WASTE WHICH SHALL BE AT LEAST
2 AS RESTRICTIVE AS FEDERAL STANDARDS.
3 (13) PROVIDE FOR EMERGENCY RESPONSE CAPABILITY IN
4 COOPERATION WITH THE PENNSYLVANIA EMERGENCY MANAGEMENT
5 AGENCY.
6 (14) DO ANY AND ALL OTHER ACTS NOT INCONSISTENT WITH THE
7 PROVISIONS OF THIS ACT WHICH ARE NECESSARY AND PROPER FOR THE
8 EFFECTIVE IMPLEMENTATION AND ENFORCEMENT OF THIS ACT AND THE
9 RADIATION PROTECTION ACT.
10 SECTION 302. POWERS AND DUTIES OF THE ENVIRONMENTAL QUALITY
11 BOARD.
12 (A) RULES AND REGULATIONS.--THE ENVIRONMENTAL QUALITY BOARD,
13 EXERCISING AUTHORITY UNDER SECTION 1920-A OF THE ACT OF APRIL 9,
14 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
15 1929, SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO ADOPT
16 REGULATIONS DEVELOPED BY THE DEPARTMENT FOR THE IMPLEMENTATION
17 OF THIS ACT. THESE REGULATIONS SHALL INCLUDE, BUT ARE NOT
18 LIMITED TO: GENERATION, TRANSPORTATION, HANDLING, SEPARATION,
19 MINIMIZATION, TREATMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE
20 WASTE; PERMIT AND LICENSE FEES, STANDARDS AND PROCEDURES;
21 FACILITY SITING, INCLUDING STANDARDS AND SITING REGULATIONS FOR
22 NEW LOW-LEVEL WASTE INCINERATORS AND COMPACTORS AND FOR THE
23 REGIONAL FACILITY; FACILITY DESIGN; MANIFEST AND REPORTING
24 REQUIREMENTS; FACILITY OPERATIONAL MANAGEMENT; FINANCIAL
25 RESPONSIBILITY ASSURANCE; PUBLIC PARTICIPATION; HOST AND
26 AFFECTED MUNICIPALITY BENEFITS AND GUARANTEES; MONITORING AND
27 INSPECTION; COMPLIANCE AND ENFORCEMENT; AND ANY OTHER REGULATORY
28 REQUIREMENTS THE DEPARTMENT FINDS NECESSARY OR APPROPRIATE FOR
29 THE PROTECTION OF THE PUBLIC HEALTH AND THE ENVIRONMENT FROM
30 LOW-LEVEL RADIOACTIVE WASTES, PROVIDED THAT THE PROVISIONS OF
19870S0948B1732 - 13 -
1 ANY SITING REGULATIONS ADOPTED UNDER THIS SECTION SHALL NOT
2 APPLY TO ANY COMMERCIAL COMPACTOR FACILITY WHICH OBTAINED A
3 LICENSE FROM THE UNITED STATES NUCLEAR REGULATORY COMMISSION
4 AUTHORIZING OPERATION PURSUANT TO THE ATOMIC ENERGY ACT PRIOR TO
5 THE EFFECTIVE DATE OF THIS ACT.
6 (B) SITE SELECTION.--
7 (1) IN ADDITION TO THE AUTHORITY TO ADOPT REGULATIONS
8 UNDER THIS ACT, THE ENVIRONMENTAL QUALITY BOARD SHALL MAKE
9 THE PRELIMINARY DETERMINATION AS TO WHETHER THREE PROPOSED
10 POTENTIALLY SUITABLE SITES SATISFY THE APPLICABLE SITING
11 REGULATIONS.
12 (2) THE EFFECT OF THE BOARD'S PRELIMINARY APPROVAL OF A
13 SITE IS TO APPROVE A POTENTIALLY SUITABLE SITE FOR FURTHER
14 STUDY. THIS PRELIMINARY APPROVAL ASSURES ACCESS FOR FURTHER
15 STUDY OF THE SITE, IN ACCORDANCE WITH SECTION 307(F), AND
16 PUBLIC PARTICIPATION, ESPECIALLY BY THE POTENTIAL HOST
17 MUNICIPALITY DURING THE EVALUATION AND STUDY OF A POTENTIALLY
18 SUITABLE SITE.
19 (3) THE BOARD'S PRELIMINARY SITE APPROVAL IS NOT A FINAL
20 ACTION REGARDING THE POTENTIALLY SUITABLE SITE. THE BOARD'S
21 PRELIMINARY APPROVAL IS APPEALABLE ONLY TO THE EXTENT THE
22 OWNER OF THE LAND WHICH CONSTITUTES THE SITE CAN DEMONSTRATE
23 IMMEDIATE AND PRESENT DAMAGES FROM FURTHER STUDY ACTIVITY TO
24 BE UNDERTAKEN ON THE SITE. THE FINAL DETERMINATION AS TO
25 WHETHER THE POTENTIALLY SUITABLE SITE MEETS THE SITING
26 REGULATIONS SHALL BE MADE BY THE SECRETARY AFTER THE FURTHER
27 STUDIES ARE COMPLETED, AS PART OF THE LICENSE APPLICATION
28 DECISION.
29 (C) PROCEDURE.--THE BOARD SHALL ESTABLISH PROCEDURES,
30 INCLUDING APPROPRIATE PUBLIC PARTICIPATION, GOVERNING THE
19870S0948B1732 - 14 -
1 PRELIMINARY SITE APPROVAL PROCESS. THE PUBLIC PARTICIPATION
2 PROCESS SHALL INCLUDE AT LEAST ONE PUBLIC INFORMATION MEETING
3 AND ONE PUBLIC HEARING HELD BY THE BOARD IN EACH POTENTIAL HOST
4 MUNICIPALITY AND AN OPPORTUNITY FOR COMMENT ON THE PUBLIC
5 RECORD. THE HOST MUNICIPALITY AND HOST COUNTY SHALL HAVE A
6 MINIMUM OF 180 DAYS FROM THE RECEIPT OF FUNDS UNDER SECTION
7 318(A) TO OFFER COMMENTS DURING THE PUBLIC PARTICIPATION PROCESS
8 ESTABLISHED UNDER THIS SECTION.
9 (D) TECHNICAL ASSISTANCE.--
10 (1) THE BOARD MAY CONTRACT FOR THE SERVICES OF AN
11 INDEPENDENT CONSULTANT TO ASSIST THE BOARD IN ITS REVIEW OF
12 ALL MATTERS RELATING TO THE EVALUATION AND PRELIMINARY
13 APPROVAL OF THE SITES PROPOSED AND SUBMITTED TO THE BOARD BY
14 THE OPERATOR-LICENSEE DESIGNATE UNDER THE PROVISIONS OF
15 SECTION 307.
16 (2) THE CONSULTANT SHALL BE SELECTED THROUGH A REQUEST-
17 FOR-PROPOSAL PROCESS. THE PROPOSAL SHALL INCLUDE SUFFICIENT
18 INFORMATION TO EVALUATE THE CONSULTANT'S EXPERTISE,
19 COMPETENCE AND QUALIFICATIONS FOR ASSISTING IN THE EVALUATION
20 OF THE PROPOSED SITES.
21 (3) NO CONSULTANT SHALL HAVE A DIRECT FINANCIAL INTEREST
22 IN ANY INDUSTRY WHICH GENERATES LOW-LEVEL RADIOACTIVE WASTE,
23 ANY LOW-LEVEL RADIOACTIVE WASTE REGIONAL FACILITY OR ANY
24 ASSOCIATED INDUSTRY, NOR SHALL THEY HAVE ACTED AS A
25 CONSULTANT TO THE DEPARTMENT IN ANY MATTER INVOLVING LOW-
26 LEVEL RADIOACTIVE WASTE WITHIN FIVE YEARS FROM THE DATE OF
27 THIS ACT. ANY CONSULTANT WHICH MAY HAVE A POTENTIAL CONFLICT
28 OF INTEREST AS DESCRIBED IN THE ACT OF JULY 19, 1957
29 (P.L.1017, NO.451), KNOWN AS THE STATE ADVERSE INTEREST ACT,
30 THE ACT OF OCTOBER 4, 1978 (P.L.883, NO.170), REFERRED TO AS
19870S0948B1732 - 15 -
1 THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW, OR OTHER
2 APPLICABLE STATUTE OR EXECUTIVE ORDER SHALL REVEAL AND
3 EXPLAIN THE POTENTIAL CONFLICT AS PART OF THE REQUEST-FOR-
4 PROPOSAL PROCESS.
5 SECTION 303. GENERATION, TRANSPORTATION, HANDLING, MANAGEMENT
6 AND DISPOSAL OF LOW-LEVEL WASTE.
7 EACH PERSON WHO GENERATES, TRANSPORTS, HANDLES, MANAGES OR
8 DISPOSES OF LOW-LEVEL WASTE SHALL:
9 (1) MAINTAIN RECORDS TO IDENTIFY THE VOLUME AND
10 RADIOACTIVITY CONTENT OF LOW-LEVEL WASTE GENERATED AND
11 SHIPPED, THE METHOD OF TRANSPORTATION, THE ORIGIN AND
12 DISPOSITION OF SUCH LOW-LEVEL WASTE, AND SUCH ADDITIONAL
13 RECORDS AS THE DEPARTMENT MAY REQUIRE.
14 (2) FURNISH INFORMATION AS REQUIRED BY THE DEPARTMENT ON
15 SUCH LOW-LEVEL WASTE TO PERSONS TRANSPORTING, MANAGING,
16 STORING OR DISPOSING OF SUCH WASTES.
17 (3) USE A MANIFEST SYSTEM AS SPECIFIED IN SECTION
18 310(A)(1) FOR ALL LOW-LEVEL WASTE TRANSPORTED.
19 (4) TRANSPORT LOW-LEVEL WASTE FOR HANDLING, MANAGEMENT
20 OR DISPOSAL TO THE APPROVED FACILITIES WHICH THE GENERATOR OR
21 BROKER HAS DESIGNATED ON THE MANIFEST FORM.
22 (5) SUBMIT REPORTS TO THE DEPARTMENT QUARTERLY, LISTING
23 THE QUANTITIES, TYPES AND CLASSES OF LOW-LEVEL WASTE
24 GENERATED DURING A PARTICULAR TIME PERIOD.
25 (6) MAINTAIN SUCH OPERATION, TRAIN PERSONNEL AND ASSURE
26 FINANCIAL RESPONSIBILITY FOR SUCH HANDLING OR DISPOSAL
27 OPERATIONS TO PREVENT ADVERSE EFFECTS TO THE PUBLIC HEALTH,
28 SAFETY AND WELFARE AND TO THE ENVIRONMENT AND TO PREVENT
29 PUBLIC NUISANCES.
30 (7) IMMEDIATELY NOTIFY DESIGNATED PUBLIC AGENCIES OF ANY
19870S0948B1732 - 16 -
1 ACCIDENT AWAY FROM THE SITE OF GENERATION INVOLVING POTENTIAL
2 OR ACTUAL SPILL OR ACCIDENTAL DISCHARGE OF SUCH WASTE, AND
3 TAKE IMMEDIATE STEPS TO CONTAIN AND CLEAN UP THE SPILL OR
4 DISCHARGE.
5 (8) SEPARATE ALL LOW-LEVEL RADIOACTIVE WASTES IN
6 ACCORDANCE WITH THE WASTE CLASSIFICATION SYSTEM TO BE
7 ESTABLISHED BY THE DEPARTMENT.
8 SECTION 304. SITING REGULATIONS.
9 THE DEPARTMENT SHALL DEVELOP SITING REGULATIONS WHICH SHALL
10 BE DESIGNED TO ALLOW FOR SCREENING OF THE STATE BY THE OPERATOR-
11 LICENSEE DESIGNATE AND THE SELECTION OF THREE POTENTIALLY
12 SUITABLE SITES. THE REGULATIONS SHALL ALSO CONTAIN DETAILED SITE
13 SPECIFIC PROVISIONS WHICH THE OPERATOR-LICENSEE DESIGNATE SHALL
14 USE TO EVALUATE A POTENTIALLY SUITABLE SITE APPROVED FOR FURTHER
15 STUDY. POTENTIALLY SUITABLE SITES SHALL NOT HAVE ANY SLOPES FOR
16 THE DISPOSAL AREA OF MORE THAN 15% AS MAPPED ON A SCALE OF
17 1:24,000 WITH A CONTOUR INTERVAL OF EITHER 10 OR 20 FEET AS
18 AVAILABLE ON PUBLISHED U.S.G.S. 7.5 MINUTE QUADRANGLES. THE
19 REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSIDERATION
20 FOR PUBLIC HEALTH AND SAFETY, FLOODING, TECTONICS, PROTECTION OF
21 LANDS IN THE PUBLIC TRUST, PROTECTION AND EXPLOITATION AND
22 EXPLORATION OF NATURAL RESOURCES, DEMOGRAPHICS, TRANSPORTATION,
23 WILDLIFE, AIR QUALITY, ECOLOGY, TOPOGRAPHY AND HYDROGEOLOGY. THE
24 REGULATIONS SHALL ALSO PROVIDE THAT POTENTIALLY SUITABLE SITES
25 SHALL NOT BE LOCATED WHERE NEARBY FACILITIES OR ACTIVITIES COULD
26 ADVERSELY IMPACT THE ABILITY OF THE SITE TO MEET THE ABOVE
27 CONSIDERATIONS OR SIGNIFICANTLY MASK THE MONITORING OF THE
28 FACILITY. THE REGULATIONS SHALL BE AT LEAST AS STRINGENT AS
29 THOSE REGULATIONS ADOPTED UNDER THE ATOMIC ENERGY ACT OF 1954.
30 THE ENVIRONMENTAL QUALITY BOARD SHALL HOLD AT LEAST ONE PUBLIC
19870S0948B1732 - 17 -
1 INFORMATION MEETING AND AT LEAST ONE PUBLIC HEARING ON THE
2 SITING REGULATIONS, AND SHALL SOLICIT AND TAKE INTO
3 CONSIDERATION WRITTEN PUBLIC COMMENTS, PRIOR TO FINAL ADOPTION.
4 THERE SHALL BE 30 DAYS' PUBLIC NOTICE BEFORE ANY HEARING. NOTICE
5 SHALL, AT A MINIMUM, BE PROVIDED IN THE PENNSYLVANIA BULLETIN
6 AND IN NEWSPAPERS OF GENERAL CIRCULATION IN EACH COUNTY.
7 SECTION 305. FACILITY DESIGN AND OPERATIONAL MANAGEMENT
8 REGULATIONS.
9 THE DEPARTMENT SHALL ESTABLISH BY REGULATION MINIMUM
10 ENGINEERING DESIGN AND OPERATIONAL MANAGEMENT CRITERIA FOR THE
11 REGIONAL FACILITY. THESE CRITERIA SHALL BE IN ADDITION TO THOSE
12 REQUIRED BY REGULATIONS ADOPTED UNDER THE ATOMIC ENERGY ACT OF
13 1954. SHALLOW LAND BURIAL, AS DEFINED IN THIS ACT, IS
14 PROHIBITED. AN ABOVE LAND GRADE FACILITY IS REQUIRED UNLESS
15 OTHER DESIGNS PROVIDE SIGNIFICANT IMPROVEMENT IN RECOVERABILITY,
16 MONITORING, PUBLIC HEALTH, AND ENVIRONMENTAL PROTECTION. THE
17 FACILITY SHALL HAVE THE GOAL OF A ZERO RELEASE CAPACITY. THE
18 CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS FOR
19 ENHANCED CONTAINMENT, RECOVERABILITY, LONG-TERM PASSIVE
20 ISOLATION, MINIMIZATION OF RISKS FROM WATER INTRUSION,
21 PROTECTION FROM INADVERTENT INTRUDERS, MONITORING AND SPECIAL
22 REQUIREMENTS FOR VARIOUS CLASSES OF WASTES WHICH SHALL INCLUDE,
23 BUT NOT BE LIMITED TO, PROVISIONS FOR THE SEGREGATION AND
24 RECOVERABILITY OF CLASS C WASTE. THE ENVIRONMENTAL QUALITY BOARD
25 SHALL HOLD AT LEAST ONE PUBLIC INFORMATION MEETING AND AT LEAST
26 ONE PUBLIC HEARING ON THE REGULATIONS, AND SHALL SOLICIT AND
27 TAKE INTO CONSIDERATION WRITTEN PUBLIC COMMENTS, PRIOR TO FINAL
28 ADOPTION. THERE SHALL BE 30 DAYS' PUBLIC NOTICE BEFORE THE
29 HEARINGS. NOTICE SHALL, AT A MINIMUM, BE PROVIDED IN THE
30 PENNSYLVANIA BULLETIN AND IN NEWSPAPERS OF GENERAL CIRCULATION
19870S0948B1732 - 18 -
1 IN EACH COUNTY.
2 SECTION 306. OPERATOR-LICENSEE DESIGNATE SELECTION.
3 (A) PROPOSALS.--THE SECRETARY SHALL, THROUGH A REQUEST-FOR-
4 PROPOSAL PROCESS, SELECT AN OPERATOR-LICENSEE DESIGNATE. THE
5 PROPOSALS SHALL INCLUDE DETAILED METHODS TO BE USED FOR SITE
6 SCREENING AND SELECTION OF POTENTIALLY SUITABLE SITES; AN
7 EXPLANATION OF HOW THE OPERATOR PLANS TO MEET REQUIREMENTS OF
8 THIS ACT FOR PUBLIC PARTICIPATION, INCLUDING DETAILS OF
9 PROVISIONS FOR INFORMATION TO AND SOLICITATION OF INFORMATION
10 FROM THE PUBLIC, THE HOST MUNICIPALITY AND THE HOST COUNTY; THE
11 DESIGN OF THE PROPOSED REGIONAL FACILITY; THE DETAILED SITE
12 SPECIFIC STUDIES TO BE CONDUCTED TO DETERMINE THE ENVIRONMENTAL
13 QUALIFICATIONS OF THE SITES; A DESCRIPTION OF FACILITY
14 OPERATIONAL PLANS; A DESCRIPTION OF OPERATOR QUALIFICATIONS,
15 INCLUDING RELEVANT EXPERIENCE, FINANCIAL HISTORY, COMPLIANCE
16 HISTORY AND CURRENT FINANCIAL AND COMPLIANCE STATUS OF THE
17 OPERATOR; DETAILS OF THE METHOD OF OPERATING THE REGIONAL
18 FACILITY; A PROPOSED METHOD TO DETERMINE THE IMPACT OF THE
19 REGIONAL FACILITY ON THE POTENTIAL HOST AND AFFECTED
20 MUNICIPALITIES; A PROPOSAL FOR A MINIMUM HOST MUNICIPALITY
21 BENEFITS AND GUARANTEE PACKAGE; A PROPOSED FEE SCHEDULE FOR
22 DISPOSAL BASED ON PROJECTED DISPOSAL COSTS AND WASTE
23 CLASSIFICATION; AND ANY OTHER CRITERIA THE SECRETARY MAY
24 REQUIRE.
25 (B) QUALIFICATIONS.--
26 (1) THE DEPARTMENT SHALL DEVELOP STANDARDS FOR OPERATOR
27 QUALIFICATIONS WHICH SHALL BE REVIEWED BY THE LOW-LEVEL WASTE
28 PUBLIC ADVISORY COMMITTEE PRIOR TO THE START OF THE REQUEST-
29 FOR-PROPOSAL PROCESS. THE STANDARDS SHALL INCLUDE, BUT NOT BE
30 LIMITED TO, PROVISIONS FOR CONSIDERATION OF THE FOLLOWING:
19870S0948B1732 - 19 -
1 (I) THE RELEVANT EXPERIENCE OF THE OPERATOR-LICENSEE
2 APPLICANT.
3 (II) THE FINANCIAL HISTORY OF THE OPERATOR-LICENSEE
4 APPLICANT.
5 (III) THE COMPLIANCE HISTORY OF THE OPERATOR-
6 LICENSEE APPLICANT. IN REVIEWING THE APPLICANT'S
7 COMPLIANCE HISTORY, THE DEPARTMENT:
8 (A) SHALL REQUIRE THE APPLICANT TO PROVIDE A
9 RECORD OF ITS COMPLIANCE HISTORY WITH ENVIRONMENTAL
10 PROTECTION STATUTES OF THE COMMONWEALTH, OTHER STATES
11 AND OF THE FEDERAL GOVERNMENT, INCLUDING, BUT NOT
12 LIMITED TO, ANY VIOLATIONS OF THE PROVISIONS OF THIS
13 ACT, THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE
14 WASTE COMPACT LAW, THE RADIATION PROTECTION ACT, OR
15 ANY OTHER STATE OR FEDERAL STATUTE RELATING TO
16 ENVIRONMENT PROTECTION OR TO THE PROTECTION OF PUBLIC
17 HEALTH, SAFETY AND WELFARE OR ANY RULE OR REGULATION,
18 ORDER OR ANY CONDITION OF ANY LICENSE ISSUED BY THE
19 DEPARTMENT OR ANY MAJOR VIOLATIONS, ORDERS OR CONSENT
20 DECREES OR SIMILAR ADMINISTRATIVE ENFORCEMENT
21 ACTIONS, OR CIVIL OR CRIMINAL LITIGATION INVOLVING
22 THE REQUIREMENTS ABOVE; AND
23 (B) MAY DENY THE APPLICANT THE OPPORTUNITY FOR
24 CONSIDERATION AS AN OPERATOR IF HE HAS ENGAGED IN
25 UNLAWFUL CONDUCT, OR IF THE APPLICANT'S PARTNER,
26 ASSOCIATE, OFFICER, PARENT CORPORATION, SUBSIDIARY
27 CORPORATION, CONTRACTOR OR AGENT HAS ENGAGED IN SUCH
28 UNLAWFUL CONDUCT, OR HAS SHOWN A LACK OF ABILITY OR
29 INTENTION TO COMPLY WITH THE REQUIREMENTS LISTED IN
30 CLAUSE (A), UNLESS THE APPLICANT DEMONSTRATES TO THE
19870S0948B1732 - 20 -
1 SATISFACTION OF THE SECRETARY THAT THE APPLICANT HAS
2 THE ABILITY AND INTENTION TO COMPLY WITH REQUIREMENTS
3 AS REFERRED TO IN CLAUSE (A). EVIDENCE OF THE ABILITY
4 AND INTENTION TO COMPLY WITH THESE REQUIREMENTS SHALL
5 INCLUDE, BUT NOT BE LIMITED TO, EVIDENCE THAT:
6 (I) THE APPLICANT DOES NOT HAVE A PATTERN OF
7 MAJOR VIOLATIONS OF THE ENVIRONMENTAL
8 REQUIREMENTS REFERRED TO IN THIS SECTION;
9 (II) THE APPLICANT DOES NOT HAVE A RECORD OF
10 CONTINUING VIOLATIONS OF THE ENVIRONMENTAL
11 REQUIREMENTS REFERRED TO IN THIS SECTION. FOR THE
12 PURPOSE OF THIS SUBCLAUSE, A CONTINUING VIOLATION
13 INCLUDES, BUT IS NOT LIMITED TO, A VIOLATION THAT
14 IS NOT BEING ABATED OR REMOVED OR A VIOLATION
15 WHERE THE APPLICANT IS NOT COOPERATING IN GOOD
16 FAITH WITH THE APPROPRIATE STATE OR FEDERAL
17 ENVIRONMENTAL AGENCY TO REMEDY OR ABATE THE
18 VIOLATION;
19 (III) THE APPLICANT HAS COMPLIED OR IS
20 COMPLYING WITH ALL ORDERS OR CONSENT DECREES OF
21 THE DEPARTMENT, OR SIMILAR ADMINISTRATIVE
22 ENFORCEMENT ACTIONS OF ANOTHER STATE OR OF THE
23 FEDERAL GOVERNMENT WHERE POLLUTION IS BEING
24 ABATED OR REMOVED; AND
25 (IV) THE APPLICANT HAS MADE OR IS MAKING
26 FULL PAYMENT OF ANY CIVIL OR CRIMINAL PENALTIES
27 IMPOSED UNDER THE ENVIRONMENTAL STATUTES OF THE
28 COMMONWEALTH, ANOTHER STATE OR OF THE FEDERAL
29 GOVERNMENT.
30 (2) IN NO EVENT SHALL ANY PERSON WHO HAS COMMITTED A
19870S0948B1732 - 21 -
1 CRIMINAL VIOLATION OF ANY STATE OR FEDERAL ENVIRONMENTAL
2 STATUTE RESULTING IN A CONVICTION OF A FIRST DEGREE
3 MISDEMEANOR OR A FELONY WITHIN TEN YEARS PRIOR TO THE
4 EFFECTIVE DATE OF THIS ACT, BE GIVEN AN OPPORTUNITY TO BE
5 CONSIDERED UNDER THIS ACT AS AN OPERATOR.
6 (3) IF ALL APPLICANTS ARE FOUND UNACCEPTABLE BY THE
7 SECRETARY, THE SECRETARY SHALL RECOMMEND TO THE GOVERNOR,
8 THAT THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE GENERAL
9 ASSEMBLY SHALL DESIGNATE AN AGENCY OR AUTHORITY OF THE
10 COMMONWEALTH TO OPERATE THE REGIONAL FACILITY AT THE SITE
11 SELECTED BY THE SECRETARY IN COMPLIANCE WITH ALL REGULATIONS
12 OF THE DEPARTMENT.
13 (C) PROCEDURE.--ALL PROPOSALS FROM POTENTIAL SITE OPERATOR-
14 LICENSEE DESIGNATES SHALL BE OPEN FOR PUBLIC INSPECTION AND
15 COMMENT FOR AT LEAST 90 DAYS PRIOR TO THE SELECTION OF THE
16 OPERATOR BY THE SECRETARY. NOTICE SHALL, AT A MINIMUM, BE
17 PROVIDED IN THE PENNSYLVANIA BULLETIN AND IN NEWSPAPERS OF WIDE
18 GENERAL CIRCULATION OF THE AVAILABILITY OF THE PROPOSALS, AND
19 THE PROPOSALS SHALL BE AVAILABLE FOR PUBLIC INSPECTION. AT LEAST
20 TWO PUBLIC MEETINGS SHALL BE HELD IN CONJUNCTION WITH THE LOW-
21 LEVEL WASTE ADVISORY COMMITTEE TO DISCUSS THE PROPOSALS. ALL
22 WRITTEN COMMENTS RECEIVED DURING THE COMMENT PERIOD WILL BE
23 TAKEN INTO CONSIDERATION AND BECOME PART OF THE PUBLIC RECORD.
24 (D) CONTRACT.--THE SECRETARY SHALL ENTER INTO A CONTRACT
25 WITH THE OPERATOR-LICENSEE DESIGNATE AUTHORIZING THE OPERATOR TO
26 COMPLETE THE SITE SCREENING PROCESS, THE SELECTION OF THREE
27 POTENTIALLY SUITABLE SITES, THE DETAILED EVALUATION OF EACH
28 POTENTIALLY SUITABLE SITE, AND THE LICENSE APPLICATION PROCESS,
29 AND TO OPERATE AND CLOSE THE REGIONAL FACILITY ONLY IF ISSUED A
30 LICENSE FROM THE DEPARTMENT UNDER THIS ACT. THE CONTRACT SHALL
19870S0948B1732 - 22 -
1 INCLUDE, BUT NOT BE LIMITED TO, ANY APPLICABLE PROVISIONS OF THE
2 PROPOSAL. THE CONTRACT SHALL CONTAIN PROVISIONS REGARDING
3 FUNDING SOURCES TO BE UTILIZED FOR THE FACILITY, LIABILITY
4 AGREEMENTS, THE ESTABLISHMENT OF A REASONABLE AND ADEQUATE FEE
5 STRUCTURE, EXPENSES FOR EVENTS WHICH ARE BEYOND THE CONTROL OF
6 THE OPERATOR-LICENSEE DESIGNATE AND CANCELLATION OR MODIFICATION
7 OF THE CONTRACT IF THE OPERATOR-LICENSEE DESIGNATE IS NOT
8 COMPLYING WITH THE PROVISIONS OF THE CONTRACT OR IS UNABLE OR
9 UNWILLING TO PROPERLY CARRY OUT THE SITE SCREENING AND
10 EVALUATION PROCESS.
11 (E) APPEAL.--ANY AFFECTED PERSON MAY APPEAL THE SELECTION OF
12 THE OPERATOR-LICENSEE TO THE ENVIRONMENTAL HEARING BOARD BASED
13 SOLELY ON THE QUALIFICATIONS IN THIS SECTION OF THE OPERATOR-
14 LICENSEE DESIGNATE.
15 SECTION 307. SITE SELECTION.
16 (A) SCREENING REPORT.--THE OPERATOR-LICENSEE DESIGNATE SHALL
17 CONDUCT A STUDY SCREENING THE COMMONWEALTH FOR POTENTIALLY
18 SUITABLE SITES IN ACCORDANCE WITH THE SITING REGULATIONS ADOPTED
19 PURSUANT TO SECTION 304 AND SHALL PREPARE A SCREENING REPORT
20 WHICH DOCUMENTS THE FINDINGS OF THE STUDY. A MUNICIPALITY OR
21 GROUP OF MUNICIPALITIES MAY, THROUGH THEIR DULY AUTHORIZED
22 GOVERNING BODY OR BODIES, REQUEST CONSIDERATION AS A POTENTIALLY
23 SUITABLE SITE UNDER THIS SECTION. SUCH OFFERING MUNICIPALITY OR
24 GROUP OF MUNICIPALITIES SHALL BE INCLUDED IN THE SCREENING STUDY
25 TO BE CONDUCTED BY THE OPERATOR-LICENSEE DESIGNATE, THE
26 SCREENING REPORT REQUIRED BY SUBSECTION (B) AND THE OTHER
27 APPLICABLE PROVISIONS OF THIS SECTION.
28 (B) SUBMISSION.--THE OPERATOR-LICENSEE DESIGNATE SHALL
29 PROPOSE THREE POTENTIALLY SUITABLE SITES AND SUBMIT THOSE SITES
30 TO THE ENVIRONMENTAL QUALITY BOARD FOR APPROVAL. THE PROPOSAL
19870S0948B1732 - 23 -
1 SHALL BE ACCOMPANIED BY:
2 (1) THE SITE SCREENING REPORT;
3 (2) A SITE JUSTIFICATION EXPLAINING THE REASONS FOR
4 CHOOSING THE POTENTIALLY SUITABLE SITES COMPARED TO OTHER
5 SITES CONSIDERED; AND
6 (3) A STUDY OF THE SHORT-TERM AND LONG-TERM
7 ENVIRONMENTAL EFFECTS ON THE POTENTIALLY SUITABLE SITES AND
8 AFFECTED AREAS.
9 (C) SOCIAL AND ECONOMIC IMPACT STUDY.--AT THE SAME TIME AS
10 THE SUBMISSION OF THE APPLICATION FOR POTENTIALLY SUITABLE SITES
11 REQUIRED IN SUBSECTION (B), THE OPERATOR SHALL SUBMIT TO THE
12 DEPARTMENT A STUDY OF THE SHORT AND LONG-TERM SOCIAL AND
13 ECONOMIC IMPACTS OF A REGIONAL FACILITY ON THE MUNICIPALITIES
14 SURROUNDING THE POTENTIALLY SUITABLE SITES. THE STUDY SHALL
15 INCLUDE, BUT NOT BE LIMITED TO, THE IMPACTS ON TAX REVENUE,
16 PUBLIC INFRASTRUCTURE, EMERGENCY MANAGEMENT CAPABILITIES,
17 COMPATIBILITY WITH REGIONAL AND LOCAL ECONOMIC GOALS, OTHER
18 DEMOGRAPHIC CHARACTERISTICS, LOSS OF RESOURCES AND SOCIAL
19 SERVICE DEMANDS. THE STUDY SHALL PROPOSE EACH HOST MUNICIPALITY
20 AND AFFECTED MUNICIPALITIES.
21 (D) EVALUATION.--THE DEPARTMENT SHALL EVALUATE THE PROPOSAL
22 AND SUBMIT CONCLUSIONS AND SITING RECOMMENDATIONS TO THE
23 ENVIRONMENTAL QUALITY BOARD.
24 (E) PROCEDURE.--THE ENVIRONMENTAL QUALITY BOARD SHALL HOLD
25 AT LEAST ONE PUBLIC INFORMATION MEETING AND ONE PUBLIC HEARING
26 IN EACH OF THE POTENTIALLY SUITABLE AREAS AS REQUIRED IN SECTION
27 302(C), EVALUATE THE THREE PROPOSED POTENTIALLY SUITABLE SITES
28 AND DETERMINE IF THEY SATISFY THE APPLICABLE SITING REGULATIONS.
29 IF ANY SITE DOES NOT SATISFY THE APPLICABLE SITING REGULATIONS,
30 THE BOARD SHALL SO INFORM THE OPERATOR-LICENSEE DESIGNATE WHO
19870S0948B1732 - 24 -
1 SHALL PROPOSE ANOTHER POTENTIALLY SUITABLE SITE AND SUBMIT
2 ANOTHER SITE JUSTIFICATION PURSUANT TO SUBSECTION (B), AND
3 ANOTHER SOCIAL AND ECONOMIC IMPACT STUDY PURSUANT TO SUBSECTION
4 (C). IF A PROPOSED POTENTIALLY SUITABLE SITE SATISFIES THE
5 APPLICABLE SITING REGULATIONS, THE BOARD SHALL GIVE PRELIMINARY
6 SITE APPROVAL TO ALLOW FOR FURTHER SITE EVALUATION. THE BOARD
7 SHALL MAKE A DETERMINATION THAT THE SCREENING PROCESS HAS
8 IDENTIFIED THREE OF THE BEST POTENTIAL LOCATIONS IN THE HOST
9 STATE, BASED ON THE ADMINISTRATIVE RECORD BEFORE THE BOARD. THE
10 ADMINISTRATIVE RECORD SHALL CONSIST OF THE SCREENING REPORT,
11 SITE JUSTIFICATION REPORT, THE STUDY OF SHORT-TERM AND LONG-TERM
12 ENVIRONMENTAL EFFECTS ON THE POTENTIALLY SUITABLE SITES, THE
13 CONCLUSIONS AND SITING RECOMMENDATIONS OF THE DEPARTMENT AND THE
14 TESTIMONY PRESENTED AT THE BOARD'S PUBLIC HEARINGS AND COMMENTS
15 RECEIVED DURING THE COMMENT PERIOD.
16 (F) PRELIMINARY APPROVAL.--
17 (1) UPON THE PRELIMINARY APPROVAL OF THE THREE SITES BY
18 THE ENVIRONMENTAL QUALITY BOARD, THE OPERATOR-LICENSEE
19 DESIGNATE SHALL OBTAIN ACCESS TO THOSE SITES FOR FURTHER
20 STUDY. THE OPERATOR-LICENSEE DESIGNATE SHALL HAVE THE RIGHT
21 TO ENTER PROVIDED TO A CONDEMNOR UNDER SECTION 409 OF THE ACT
22 OF JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS THE
23 EMINENT DOMAIN CODE.
24 (2) PROPERTY OWNERS OF ANY SITE WHICH HAS RECEIVED
25 PRELIMINARY APPROVAL BY THE ENVIRONMENTAL QUALITY BOARD, BUT
26 WHICH IS NOT SELECTED AS THE FINAL SITE, SHALL HAVE THE
27 RIGHTS OF A CONDEMNEE UNDER SECTION 408 OF THE EMINENT DOMAIN
28 CODE, AS ARE THEREIN GRANTED TO CONDEMNEES SUBJECT TO A
29 REVOCATION OF CONDEMNATION PROCEEDINGS. WHEN THE PRELIMINARY
30 SITE HAS BEEN REJECTED BY THE ACTION OF THE SECRETARY IN
19870S0948B1732 - 25 -
1 ISSUING A PERMIT FOR ANOTHER SITE, NOTICE OF SUCH
2 RELINQUISHMENT SHALL BE SERVED UPON THE AFFECTED PROPERTY
3 OWNERS IN THE SAME MANNER AS PROVIDED FOR IN A DECLARATION OF
4 TAKING UNDER THE EMINENT DOMAIN CODE. THE AFFECTED PROPERTY
5 OWNERS SHALL BE REIMBURSED BY THE OPERATOR-LICENSEE DESIGNATE
6 FOR REASONABLE APPRAISAL, ATTORNEY AND ENGINEERING FEES AND
7 OTHER COSTS AND EXPENSES ACTUALLY INCURRED BECAUSE OF THE
8 PRELIMINARY APPROVAL OF THE SITE BY THE ENVIRONMENTAL QUALITY
9 BOARD. SUCH DAMAGES SHALL BE ASSESSED BY THE COURT, OR THE
10 COURT MAY REFER THE MATTER TO VIEWERS TO ASCERTAIN AND ASSESS
11 THE DAMAGES SUSTAINED BY THE AFFECTED PROPERTY OWNERS, WHOSE
12 AWARD SHALL BE SUBJECT TO APPEAL AS PROVIDED IN THE EMINENT
13 DOMAIN CODE.
14 (G) PURCHASE OF SITE.--UPON RECEIVING A LICENSE TO OPERATE
15 THE REGIONAL FACILITY AT THE SITE, THE OPERATOR SHALL PURCHASE
16 THE SITE AND TRANSFER TITLE TO ALL LAND TO THE COMMONWEALTH. IF
17 THE OPERATOR-LICENSEE DESIGNATE IS UNABLE TO PURCHASE THE SITE,
18 THE COMMONWEALTH SHALL ACQUIRE THE SITE BY EMINENT DOMAIN AND
19 THE OPERATOR-LICENSEE DESIGNATE SHALL REIMBURSE THE COMMONWEALTH
20 FOR ALL COSTS OF ACQUISITION.
21 (H) FINAL APPROVAL.--THE ISSUANCE OF A LICENSE BY THE
22 SECRETARY PURSUANT TO SECTION 308 SHALL CONSTITUTE FINAL
23 APPROVAL OF THE SITE. THE COMMONWEALTH SHALL HOLD TITLE TO THE
24 LAND UNTIL AT LEAST THE END OF THE INSTITUTIONAL CONTROL PERIOD.
25 (I) APPEAL.--THE ISSUANCE OF THE LICENSE IS APPEALABLE TO
26 THE ENVIRONMENTAL HEARING BOARD PURSUANT TO SECTION 1921-A OF
27 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
28 ADMINISTRATIVE CODE OF 1929. THIS APPEAL SHALL TAKE PRECEDENCE
29 OVER OTHER APPEALS PENDING BEFORE THE BOARD AND SHALL BE HANDLED
30 IN AN EXPEDITED MANNER. THE DECISION OF THE BOARD IS APPEALABLE
19870S0948B1732 - 26 -
1 TO COMMONWEALTH COURT. A CITIZEN OF THIS COMMONWEALTH, A HOST
2 MUNICIPALITY, OR A HOST COUNTY, WHO OR WHICH MAKES AN APPEAL ON
3 HIS OR ITS OWN BEHALF UNDER THIS SECTION SHALL NOT BE REQUIRED
4 TO POST A BOND NOR SHALL THEY BE REQUIRED TO PAY A FEE FOR
5 FILING THE APPEAL.
6 SECTION 308. OPERATOR LICENSING.
7 (A) REGULATIONS.--THE DEPARTMENT SHALL ESTABLISH BY
8 REGULATION THE PROCEDURE AND REQUIREMENTS FOR LICENSING OF THE
9 REGIONAL FACILITY OPERATOR. THE REGULATION SHALL PROVIDE,
10 WITHOUT LIMITATION:
11 (1) AUTHORITY FOR THE AMENDMENT, SUSPENSION OR
12 REVOCATION OF THE LICENSE.
13 (2) CONSENT FOR ENTRY INTO THE REGIONAL FACILITY.
14 (3) REQUIREMENTS FOR THE FORM OF THE APPLICATION AND THE
15 INFORMATION TO BE PROVIDED.
16 (4) REQUIREMENTS FOR SUBMISSION OF A DECOMMISSIONING
17 PLAN FOR THE REGIONAL FACILITY.
18 (5) REQUIREMENTS THAT THE APPLICATION AND ALL
19 SUBMISSIONS BE IN WRITING AND SIGNED.
20 (B) FURTHER STATEMENTS AND INSPECTIONS.--THE DEPARTMENT MAY
21 AT ANY TIME AFTER THE FILING OF THE APPLICATION, AND BEFORE THE
22 EXPIRATION OF THE LICENSE, REQUIRE FURTHER WRITTEN STATEMENTS
23 AND MAY MAKE SUCH INSPECTIONS AS THE DEPARTMENT DEEMS NECESSARY
24 TO DETERMINE WHETHER THE LICENSE SHOULD BE GRANTED, MODIFIED,
25 SUSPENDED OR REVOKED. ALL APPLICATIONS AND STATEMENTS SHALL BE
26 SIGNED BY THE APPLICANT OR LICENSEE.
27 (C) IMPACT ANALYSIS.--THE LICENSE APPLICANT SHALL PREPARE A
28 WRITTEN ANALYSIS OF THE IMPACT OF SUCH LICENSED ACTIVITY. THE
29 ANALYSIS SHALL BE AVAILABLE TO THE PUBLIC AT LEAST 120 DAYS
30 BEFORE THE COMMENCEMENT OF HEARINGS HELD PURSUANT TO SUBSECTION
19870S0948B1732 - 27 -
1 (D) AND SHALL INCLUDE:
2 (1) A DETAILED ASSESSMENT OF THE RADIOLOGICAL AND
3 NONRADIOLOGICAL IMPACTS TO THE PUBLIC HEALTH AND ON THE
4 ENVIRONMENT.
5 (2) A DETAILED ASSESSMENT OF THE IMPACT ON THE QUALITY
6 AND QUANTITY OF THE SURFACE AND GROUNDWATER WITHIN A FIVE-
7 MILE RADIUS OF THE SITE.
8 (3) CONSIDERATION OF THE SHORT-TERM AND LONG-TERM PUBLIC
9 HEALTH AND ENVIRONMENTAL IMPACTS FROM CLOSURE,
10 DECOMMISSIONING, DECONTAMINATION AND RECLAMATION OF
11 FACILITIES AND SITES ASSOCIATED WITH THE LICENSED ACTIVITIES
12 AND MANAGEMENT OF ANY RADIOACTIVE MATERIALS WHICH WILL REMAIN
13 ON THE SITE AFTER SUCH CLOSURE, DECOMMISSIONING,
14 DECONTAMINATION AND RECLAMATION. THESE IMPACTS SHALL INCLUDE,
15 BUT NOT BE LIMITED TO, ADVERSE EFFECTS DUE TO PRIOR
16 ACTIVITIES AND CONDITIONS, INCLUDING WATER AND AIR QUALITY
17 PROBLEMS, A HEALTH SURVEY OF CANCER AND OTHER DISEASE RATES
18 AND BIRTH DEFECTS, AND PRIOR MINING.
19 (4) CONSIDERATION OF THE SHORT AND LONG-TERM SOCIAL AND
20 ECONOMIC IMPACTS OF THE REGIONAL FACILITY ON THE HOST
21 MUNICIPALITY AND AFFECTED MUNICIPALITIES, TO CREATE A MINIMUM
22 SET OF ITEMS TO BE CONSIDERED AS PART OF THE HOST AND
23 AFFECTED MUNICIPALITY BENEFIT NEGOTIATIONS. AT A MINIMUM THE
24 STUDY SHOULD INCLUDE THE IMPACTS ON LOCAL TAX REVENUES,
25 PUBLIC INFRASTRUCTURE, EMERGENCY MANAGEMENT CAPABILITIES AND
26 SOCIAL SERVICE DEMANDS.
27 (5) A PREOPERATIONAL ENVIRONMENTAL RADIATION SURVEY AND
28 A PREOPERATIONAL HEALTH SURVEY OF CANCER AND OTHER DISEASE
29 RATES AND BIRTH DEFECTS WITHIN FIVE MILES OF THE SITE.
30 (6) JUSTIFICATION FOR THE CHOICE OF THE PROPOSED SITE
19870S0948B1732 - 28 -
1 OVER THE OTHER TWO POTENTIALLY SUITABLE SITES.
2 (D) DUTY OF SECRETARY.--BEFORE APPROVING OR DISAPPROVING THE
3 LICENSE APPLICATION, THE SECRETARY SHALL PROVIDE:
4 (1) THE PUBLIC WITH THE OPPORTUNITY TO REVIEW AND
5 INSPECT THE LICENSE APPLICATION AT A PUBLICLY AVAILABLE
6 LOCATION IN THE AREA WHERE THE REGIONAL FACILITY IS PROPOSED
7 TO BE LOCATED.
8 (2) A 90-DAY PUBLIC COMMENT PERIOD, ONE PUBLIC
9 INFORMATION MEETING AND ONE PUBLIC HEARING, NOT WITHIN 30
10 DAYS OF EACH OTHER, AFTER ADEQUATE PUBLIC NOTICE, IN THE AREA
11 WHERE THE REGIONAL FACILITY IS PROPOSED TO BE LOCATED. ALL
12 WRITTEN COMMENTS AND COMMENTS CONTAINED IN A TRANSCRIPT OF
13 THE HEARING SHALL BE CONSIDERED IN THE SECRETARY'S DECISION
14 ON THE APPLICATION AND BECOME PART OF THE PUBLIC RECORD.
15 (3) A WRITTEN DETERMINATION OF THE ACTION TO BE TAKEN,
16 INCLUDING A RESPONSE TO COMMENTS, WHICH IS BASED UPON
17 FINDINGS INCLUDED IN THE DETERMINATION AND UPON EVIDENCE
18 PRESENTED DURING THE PUBLIC COMMENT PERIOD.
19 (E) TERMS AND CONDITIONS OF LICENSE.--THE TERMS AND
20 CONDITIONS OF ALL LICENSES ISSUED UNDER THIS ACT SHALL BE
21 SUBJECT TO AMENDMENT, REVISION OR MODIFICATION BY REGULATIONS OR
22 ORDERS. THE DEPARTMENT SHALL PROVIDE BY REGULATION FOR PUBLIC
23 NOTICE OF LICENSE AMENDMENT REQUESTS AND FOR A PUBLIC
24 PARTICIPATION PROCESS.
25 (F) FINANCIAL ASSURANCE.--NO LICENSE SHALL BE ISSUED BY THE
26 DEPARTMENT UNLESS THE OPERATOR PROVIDES THE FINANCIAL ASSURANCES
27 REQUIRED BY SECTION 316.
28 (G) LICENSE DENIAL, SUSPENSION, ETC.--IN CARRYING OUT THIS
29 ACT, THE SECRETARY MAY DENY, SUSPEND, MODIFY OR REVOKE ANY
30 LICENSE IF HE FINDS THAT THE APPLICANT OR LICENSEE HAS FAILED OR
19870S0948B1732 - 29 -
1 CONTINUES TO FAIL TO COMPLY WITH ANY PROVISION OF THIS ACT, THE
2 APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT LAW, THE
3 RADIATION PROTECTION ACT OR ANY OTHER STATE OR FEDERAL STATUTE
4 RELATING TO ENVIRONMENTAL PROTECTION OR TO THE PROTECTION OF THE
5 PUBLIC HEALTH, SAFETY AND WELFARE; OR ANY RULE OR REGULATION OF
6 THE DEPARTMENT; OR ANY ORDER OF THE DEPARTMENT; OR ANY CONDITION
7 OF LICENSE ISSUED BY THE DEPARTMENT; OR IF THE DEPARTMENT FINDS
8 THAT THE APPLICANT OR LICENSEE HAS SHOWN A LACK OF ABILITY OR
9 INTENTION TO COMPLY WITH ANY PROVISION OF THIS ACT OR OF ANY
10 ACTS REFERRED TO IN THIS SECTION, OR ANY RULE OR REGULATION OF
11 THE DEPARTMENT OR ORDER OF THE DEPARTMENT, OR ANY CONDITION OF
12 ANY LICENSE ISSUED BY THE DEPARTMENT AS INDICATED BY PAST OR
13 CONTINUING VIOLATIONS. IN THE CASE OF A CORPORATE APPLICANT OR
14 LICENSEE, THE DEPARTMENT SHALL DENY THE ISSUANCE OF A LICENSE IF
15 THE SECRETARY FINDS THAT A PRINCIPAL OF THE CORPORATION WAS A
16 PRINCIPAL OF ANOTHER CORPORATION WHICH COMMITTED PAST VIOLATIONS
17 OF ANY OF THE ABOVE LAWS, UNLESS THE PRINCIPAL HAS DEMONSTRATED
18 THAT THE VIOLATIONS ARE NOT RELEVANT TO ISSUING THE LICENSE OR
19 PERMIT OR THERE ARE OTHER MITIGATING CIRCUMSTANCES WHICH
20 DEMONSTRATE THE APPLICANT HAS THE ABILITY AND INTENT TO COMPLY
21 WITH THE LAW.
22 SECTION 309. OUT-OF-COMPACT WASTE.
23 (A) SOURCE OF WASTE.--NO LOW-LEVEL WASTE SHALL BE ACCEPTED
24 FOR DISPOSAL AT THE REGIONAL FACILITY UNLESS THE WASTE WAS
25 GENERATED WITHIN THE APPALACHIAN COMPACT STATES OR THE
26 COMMISSION HAS ENTERED INTO A RECIPROCAL CONTINGENCY AGREEMENT
27 FOR THE EMERGENCY DISPOSAL OF OUT-OF-COMPACT LOW-LEVEL WASTE.
28 WASTE GENERATED WITHIN THE APPALACHIAN COMPACT STATES SHALL NOT
29 INCLUDE RADIOACTIVE WASTE SHIPPED FROM OUTSIDE THE COMPACT
30 STATES TO A WASTE GENERATOR OR MANAGEMENT FACILITY WITHIN THE
19870S0948B1732 - 30 -
1 COMPACT STATES. FOR THE PURPOSES OF THIS SECTION, AN EMERGENCY
2 SHALL INCLUDE THE TEMPORARY SHUTDOWN OF A REGIONAL OR STATE LOW-
3 LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY FOR A PERIOD OF TIME
4 WHICH THE COMMISSION REASONABLY PROJECTS WILL EXTEND BEYOND THE
5 TIME WHEN THE LOW-LEVEL RADIOACTIVE WASTE STORAGE AT THE
6 GENERATOR'S FACILITY AND THE DISPOSAL FACILITY WILL REACH
7 MAXIMUM CAPACITY, AND ADDITIONAL STORAGE WOULD CONSTITUTE A
8 THREAT TO THE HEALTH AND SAFETY OF THE PUBLIC OR THE
9 ENVIRONMENT. THE RECIPROCAL CONTINGENCY AGREEMENT SHALL PROVIDE
10 THAT THE REGIONAL OR STATE LOW-LEVEL WASTE DISPOSAL FACILITY
11 WITH THE EMERGENCY WILL ACCEPT FROM THE APPALACHIAN REGIONAL
12 FACILITY OR FROM GENERATORS, BROKERS OR CARRIERS LICENSED OR
13 PERMITTED BY THE DEPARTMENT, IMMEDIATELY AT THE TERMINATION OF
14 THE EMERGENCY, AN AMOUNT OF LOW-LEVEL RADIOACTIVE WASTE EQUAL TO
15 THE VOLUME AND TOXICITY OF THE LOW-LEVEL RADIOACTIVE WASTE
16 SHIPPED TO THE APPALACHIAN REGIONAL FACILITY DURING THE
17 EMERGENCY.
18 (B) APPROVAL OF CERTAIN AGREEMENTS.--NO AGREEMENT SHALL
19 PERMIT THE DISPOSAL OF OUT-OF-COMPACT WASTE FOR A PERIOD
20 EXCEEDING THREE MONTHS UNLESS A CONTINUATION OF THE AGREEMENT IS
21 APPROVED BY THE GENERAL ASSEMBLY OR THE GOVERNOR. THE SPEAKER OF
22 THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF
23 THE SENATE SHALL CAUSE TO BE PLACED ON THE CALENDARS OF THE
24 HOUSE AND SENATE A CONCURRENT RESOLUTION APPROVING THE PROPOSED
25 CONTINUATION. IF THE GENERAL ASSEMBLY FAILS TO APPROVE OR
26 DISAPPROVE THE CONCURRENT RESOLUTION WITHIN TEN LEGISLATIVE DAYS
27 OR 30 CALENDAR DAYS, WHICHEVER OCCURS FIRST, THE GOVERNOR MAY
28 APPROVE THE CONTINUATION OF THE RECIPROCAL AGREEMENT BY
29 EXECUTIVE ORDER. THE COMMISSION SHALL NOTIFY THE GENERAL
30 ASSEMBLY AND THE GOVERNOR WHEN IT HAS DETERMINED THAT A
19870S0948B1732 - 31 -
1 CONTINUATION OF THE RECIPROCAL AGREEMENT IS RECOMMENDED AND THE
2 DATE ON WHICH DISPOSAL WILL CEASE.
3 (C) LIMITED PERMIT.--THE DEPARTMENT SHALL REVIEW AN
4 APPLICATION AND SHALL ISSUE A LIMITED PERMIT FOR EACH LOW-LEVEL
5 WASTE GENERATOR FROM OUTSIDE THE COMPACT THAT MEETS THE CRITERIA
6 FOR USE OF THE REGIONAL FACILITY. THE DEPARTMENT SHALL ONLY
7 ISSUE THE PERMIT UPON A DETERMINATION BY THE COMMISSION THAT AN
8 EMERGENCY EXISTS IN THE STATE OR REGION IN WHICH THE PERMITTEE
9 IS LOCATED. THE PERMIT SHALL NOT BE VALID FOR A PERIOD EXCEEDING
10 THREE MONTHS, UNLESS A CONTINUATION IS APPROVED BY THE GENERAL
11 ASSEMBLY OR THE GOVERNOR AS PROVIDED IN SUBSECTION (B).
12 SECTION 310. PERMITTING OF GENERATORS, BROKERS AND CARRIERS.
13 (A) REGULATIONS.--THE DEPARTMENT SHALL PROVIDE BY REGULATION
14 FOR THE PERMITTING OF GENERATORS, BROKERS AND CARRIERS FOR
15 ACCESS TO THE REGIONAL FACILITY. SUCH REGULATIONS SHALL
16 ESTABLISH, WITHOUT LIMITATION:
17 (1) REQUIREMENTS FOR PACKAGING, SEPARATION, WASTE FORM,
18 ROUTING, MANIFESTING, FINANCIAL ASSURANCE, RECORDKEEPING,
19 EMERGENCY PLANNING AND LENGTH OF TERM OF THE PERMIT.
20 (2) LIMITS ON THE TYPES, QUANTITIES AND ORIGINS OF
21 RADIOACTIVE WASTE ALLOWED FOR DISPOSAL.
22 (3) THAT EACH APPLICATION FOR A PERMIT OR AMENDMENT
23 SHALL BE IN WRITING AND SIGNED BY THE APPLICANT.
24 (4) THE FORM OF THE APPLICATION AND THE INFORMATION IT
25 SHOULD CONTAIN.
26 (5) REQUIREMENTS FOR APPLICANT'S CONSENT FOR ENTRY TO
27 FACILITIES, VEHICLES AND EQUIPMENT.
28 (6) PROCEDURES FOR SUSPENSION, REVOCATION AND AMENDMENT
29 OF PERMITS.
30 (7) THAT EACH GENERATOR HAVE A PLAN FOR REDUCTION OF
19870S0948B1732 - 32 -
1 TOXICITY AND VOLUME WITH STATED REDUCTION GOALS.
2 (8) ANY OTHER REQUIREMENTS THE DEPARTMENT DEEMS
3 NECESSARY OR PROPER TO IMPLEMENT THE PROVISIONS OF THIS ACT
4 AND THE RADIATION PROTECTION ACT.
5 (B) ISSUANCE OF PERMIT.--UPON APPROVAL OF THE APPLICATION
6 AND RECEIPT OF FEES, THE DEPARTMENT SHALL ISSUE A PERMIT TO THE
7 APPLICANT AS SET FORTH IN THE APPLICATION AND FURTHER
8 CONDITIONED BY THE DEPARTMENT AS NECESSARY.
9 (C) PERMIT DENIAL, SUSPENSION, ETC.--IN CARRYING OUT THIS
10 ACT, THE DEPARTMENT MAY DENY, SUSPEND, MODIFY OR REVOKE ANY
11 PERMIT IF IT FINDS THAT THE APPLICANT OR PERMITTEE HAS FAILED OR
12 CONTINUES TO FAIL TO COMPLY WITH ANY PROVISION OF THIS ACT, THE
13 APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT LAW, THE
14 RADIATION PROTECTION ACT OR ANY OTHER STATE OR FEDERAL STATUTE
15 RELATING TO ENVIRONMENTAL PROTECTION OR TO THE PROTECTION OF THE
16 PUBLIC HEALTH, SAFETY AND WELFARE; OR ANY RULE OR REGULATION OF
17 THE DEPARTMENT; OR ANY ORDER OF THE DEPARTMENT; OR ANY CONDITION
18 OF ANY PERMIT OR LICENSE ISSUED BY THE DEPARTMENT; OR IF THE
19 DEPARTMENT FINDS THAT THE APPLICANT OR PERMITTEE HAS SHOWN A
20 LACK OF ABILITY OR INTENTION TO COMPLY WITH ANY PROVISION OF
21 THIS ACT OR ANY ACT REFERRED TO IN THIS SECTION OR ANY RULE OR
22 REGULATION OF THE DEPARTMENT OR ORDER OF THE DEPARTMENT, OR ANY
23 CONDITION OF ANY PERMIT OR LICENSE ISSUED BY THE DEPARTMENT AS
24 INDICATED BY PAST OR CONTINUING VIOLATIONS. IN THE CASE OF A
25 CORPORATE APPLICANT OR PERMITTEE, THE DEPARTMENT SHALL DENY THE
26 ISSUANCE OF A PERMIT IF IT FINDS THAT A PRINCIPAL OF THE
27 CORPORATION WAS A PRINCIPAL OF ANOTHER CORPORATION WHICH
28 COMMITTED PAST VIOLATIONS OF ANY OF THE ABOVE LAWS, UNLESS THE
29 PRINCIPAL HAS DEMONSTRATED THAT THE VIOLATIONS ARE NOT RELEVANT
30 TO ISSUING THE LICENSE OR PERMIT OR THERE ARE OTHER MITIGATING
19870S0948B1732 - 33 -
1 CIRCUMSTANCES WHICH DEMONSTRATE THE APPLICANT HAS THE ABILITY
2 AND INTENT TO COMPLY WITH THE LAW.
3 SECTION 311. DECOMMISSIONING.
4 WHEN THE REGIONAL FACILITY IS TO BE CLOSED, THE DEPARTMENT
5 SHALL REQUIRE THAT THE REGIONAL FACILITY IS PROPERLY
6 DECOMMISSIONED BY THE OPERATOR-LICENSEE, THAT ALL REMAINING
7 PROPERTY IS TRANSFERRED TO THE COMMONWEALTH AND THAT CONTROL IS
8 TRANSFERRED TO THE CUSTODIAL AGENCY. THE COST OF DECOMMISSIONING
9 SHALL BE BORNE BY THE OPERATOR-LICENSEE. THE DEPARTMENT SHALL
10 MAKE A DETERMINATION THAT THE SITE HAS BEEN PROPERLY
11 DECOMMISSIONED AND THAT THE SITE, ALONG WITH THE LICENSE
12 RESPONSIBILITIES, IS SUITABLE FOR TRANSFER TO THE CUSTODIAL
13 AGENCY, AT WHICH TIME THE OPERATOR LICENSE SHALL BE TERMINATED.
14 A DECOMMISSIONING PLAN SHALL BE SUBMITTED AS PART OF THE LICENSE
15 APPLICATION, BE INCORPORATED INTO THE LICENSE AND BE
16 PERIODICALLY REVIEWED AND AMENDED AS NECESSARY OVER TIME.
17 SECTION 312. LOW-LEVEL WASTE FUND.
18 (A) ESTABLISHMENT.--THERE SHALL BE ESTABLISHED WITHIN THE
19 STATE TREASURY A SEPARATE ACCOUNT TO BE KNOWN AS THE LOW-LEVEL
20 WASTE FUND.
21 (B) DEPOSITS.--ALL FINES, PENALTIES, FEES AND SURCHARGES NOT
22 DESIGNATED FOR OTHER PURPOSES, COLLECTED UNDER THIS ACT SHALL BE
23 PAID INTO THIS FUND. ADDITIONALLY ALL FUNDS RECEIVED FROM THE
24 UNITED STATES DEPARTMENT OF ENERGY OR FROM THE APPALACHIAN
25 COMPACT COMMISSION OR COMPACT STATES FOR LOW-LEVEL RADIOACTIVE
26 WASTE ACTIVITIES SHALL BE DEPOSITED INTO THE FUND.
27 (C) APPROPRIATION AND PURPOSE.--MONEYS IN THE FUND, EXCEPT
28 THOSE RECEIVED FROM THE UNITED STATES DEPARTMENT OF ENERGY, ARE
29 HEREBY APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS TO
30 BE USED, UPON APPROVAL OF THE GOVERNOR, SOLELY FOR THE
19870S0948B1732 - 34 -
1 ADMINISTRATION AND ENFORCEMENT OF THIS ACT, FOR SITE
2 DEVELOPMENT, FOR EMERGENCY OPERATIONS, FOR ANY LIABILITY OF THE
3 COMMONWEALTH, AND TO REPAY THE GENERAL FUND FOR ANY
4 APPROPRIATION MADE TO THE FUND.
5 SECTION 313. LONG-TERM CARE ACCOUNT.
6 (A) ESTABLISHMENT.--THERE SHALL BE ESTABLISHED WITHIN THE
7 FUND AN INTEREST-BEARING RESTRICTED ACCOUNT TO BE KNOWN AS THE
8 LONG-TERM CARE ACCOUNT.
9 (B) SURCHARGES.--SURCHARGES ON DISPOSAL RATES SHALL BE
10 IMPOSED BY THE DEPARTMENT FOR THE EXPECTED COSTS OF ACTIVITIES
11 UNDER THIS ACCOUNT.
12 (C) PURPOSE.--THE ACCOUNT SHALL BE USED FOR NO OTHER PURPOSE
13 THAN TO PROVIDE FOR THE FOLLOWING:
14 (1) THE LONG-TERM CARE AND MONITORING FOR THE DURATION
15 OF THE INSTITUTIONAL CONTROL PERIOD AND ANY EMERGENCY OR
16 REMEDIAL WORK THAT MIGHT BECOME NECESSARY AT ANY REGIONAL
17 FACILITY BY THE DEPARTMENT OR THE CUSTODIAL AGENCY.
18 (2) THE ASSUMPTION BY THE DEPARTMENT OR THE CUSTODIAL
19 AGENCY FOR EARLY DIRECT RESPONSIBILITY FOR THE CARE AND
20 MONITORING AT THE REGIONAL FACILITY.
21 (D) APPROPRIATION.--ALL MONEYS IN THE ACCOUNT ARE HEREBY
22 APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS TO CARRY
23 OUT THIS SECTION.
24 SECTION 314. REGIONAL FACILITY PROTECTION FUND.
25 (A) ESTABLISHMENT AND PURPOSE.--THERE SHALL BE ESTABLISHED
26 WITHIN THE STATE TREASURY A SEPARATE ACCOUNT TO BE KNOWN AS THE
27 REGIONAL FACILITY PROTECTION FUND. ALL MONEYS IN THIS FUND ARE
28 HEREBY APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS FOR
29 THE FOLLOWING PURPOSES:
30 (1) TO PAY CLAIMS FOR PERSONAL INJURY AND PROPERTY
19870S0948B1732 - 35 -
1 DAMAGE AGAINST THE COMMONWEALTH, HOST MUNICIPALITY AND HOST
2 COUNTY ARISING FROM THEIR RESPONSIBILITIES UNDER THIS ACT.
3 (2) TO PAY CLAIMS FOR PERSONAL INJURY AND PROPERTY
4 DAMAGE AGAINST THE REGIONAL FACILITY LICENSEE MADE AT ANY
5 TIME AFTER THE TERMINATION OF THE LICENSE ARISING FROM
6 OPERATION OF THE REGIONAL FACILITY.
7 (B) ADMINISTRATION.--THE ENVIRONMENTAL QUALITY BOARD SHALL
8 PROMULGATE REGULATIONS, PREPARED BY THE DEPARTMENT, TO
9 ADMINISTER THE REGIONAL FACILITY PROTECTION FUND. SUCH
10 REGULATIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO, SCOPE OF
11 COVERAGE, FURTHER LIMITS OF LIABILITY, PROCEDURES FOR FILING
12 CLAIMS, PRESUMPTIONS AND BURDENS OF PROOF.
13 (C) DEPOSITS.--ALL SURCHARGES ON WASTE DISPOSED OF AT THE
14 REGIONAL FACILITY UNDER SECTION 315(C)(1)(IV) AND ALL INTEREST
15 EARNED THEREON SHALL BE DEPOSITED IN THE REGIONAL FACILITY
16 PROTECTION FUND.
17 (D) APPEALS.--ALL APPEALS FROM DENIAL OF A CLAIM SHALL BE TO
18 THE BOARD OF CLAIMS. THE DEPARTMENT SHALL REPRESENT THE REGIONAL
19 FACILITY PROTECTION FUND IN ANY SUCH ACTION.
20 SECTION 315. FEES, RATES AND SURCHARGES.
21 (A) ESTABLISHMENT BY DEPARTMENT.--THE DEPARTMENT SHALL
22 ESTABLISH REASONABLE FEES FOR LICENSING OF THE OPERATOR-LICENSEE
23 DESIGNATE AND PERMITTING OF GENERATORS, BROKERS AND CARRIERS. IN
24 SETTING THE FEES, THE DEPARTMENT SHALL CONSIDER DISPOSAL COSTS
25 AND CLASSIFICATION OF THE WASTE.
26 (B) APPROVAL OF RATES CHARGED BY OPERATORS.--THE DEPARTMENT
27 SHALL REQUIRE THAT ALL PROPOSED RATES CHARGED BY THE OPERATOR
28 FOR THE DISPOSAL OF LOW-LEVEL WASTE IN THE REGIONAL FACILITY BE
29 SUBMITTED TO THE DEPARTMENT PRIOR TO THEIR IMPLEMENTATION. THE
30 DEPARTMENT SHALL DETERMINE IF THE RATES ARE CONSISTENT WITH THE
19870S0948B1732 - 36 -
1 FEE STRUCTURE ESTABLISHED IN THE CONTRACT ENTERED INTO UNDER
2 SECTION 306(D) AND MAY REQUIRE THE OPERATOR TO MODIFY THE
3 PROPOSED RATES IF THE DEPARTMENT DETERMINES THAT THEY ARE NOT
4 CONSISTENT WITH THE FEE STRUCTURE ESTABLISHED IN THE CONTRACT
5 ENTERED INTO UNDER SECTION 306(D). THE RATES SHALL BE BASED ON
6 ACTUAL DISPOSAL COST AND WASTE CLASSIFICATION. RATES SHALL BE
7 ADEQUATE TO ASSURE PROTECTION OF PUBLIC HEALTH AND SAFETY AND
8 THE ENVIRONMENT, THE RETIREMENT OF FACILITY DEBT PLUS AN
9 ADEQUATE RETURN ON CAPITAL INVESTED AND FUTURE SITE CLOSURE, AND
10 STABILIZATION AND DECOMMISSIONING EXPENSES.
11 (C) SURCHARGES.--
12 (1) THE DEPARTMENT SHALL ASSESS SURCHARGES ON LOW-LEVEL
13 RADIOACTIVE WASTE DISPOSED OF AT THE REGIONAL FACILITY AS
14 FOLLOWS:
15 (I) A SURCHARGE IMPOSED ADEQUATE TO RETURN TO THE
16 GENERAL FUND OVER A FIVE-YEAR PERIOD ANY APPROPRIATIONS
17 EXPENDED BY THE DEPARTMENT FROM THE GENERAL FUND FROM
18 JULY 1, 1987, TO THE DATE THE REGIONAL FACILITY BEGINS
19 OPERATION, AND SHALL EXPIRE WHEN THE GENERAL FUND IS
20 FULLY REIMBURSED.
21 (II) A CONTINUING SURCHARGE IMPOSED TO BE ADEQUATE
22 TO SUPPORT THE COMMONWEALTH'S EXPENSES RELATED TO THIS
23 ACT AND THE COMPACT, INCLUDING, BUT NOT LIMITED TO, THE
24 SURVEILLANCE OF PACKAGES, INSPECTION, DECONTAMINATION,
25 DECOMMISSIONING AND POSTCLOSURE MAINTENANCE OF THE
26 REGIONAL FACILITY, RECORDKEEPING SYSTEMS AND SUCH OTHER
27 ACTIVITIES AS THE DEPARTMENT FINDS NECESSARY TO ENSURE
28 THE SAFE OPERATION OF THE REGIONAL FACILITY.
29 (III) A SURCHARGE IMPOSED TO BE ADEQUATE TO FUND THE
30 LONG-TERM CARE ACCOUNT AS PROVIDED IN SECTION 313.
19870S0948B1732 - 37 -
1 (IV) A SURCHARGE THAT SHALL BE ADEQUATE TO FUND THE
2 REGIONAL FACILITY PROTECTION FUND TO A LEVEL OF NOT LESS
3 THAN $100,000,000, INDEXED TO INCREASE WITH COST-OF-
4 LIVING ADJUSTMENTS, UPON THE DATE OF TERMINATION OF THE
5 OPERATOR'S LICENSE.
6 (2) THESE SURCHARGES AND FEES SHALL BE REVIEWED ANNUALLY
7 BY THE DEPARTMENT TO DETERMINE IF THEY ARE ADEQUATE AND
8 REVISED ACCORDINGLY. THE METHOD SHALL BE DETERMINED BY
9 REGULATION.
10 (3) THESE SURCHARGES SHALL BE COLLECTED BY THE OPERATOR
11 AT NO COST TO THE COMMONWEALTH AND SHALL BE TRANSMITTED TO
12 THE DEPARTMENT NO LESS FREQUENTLY THAN MONTHLY.
13 (D) HOST AND AFFECTED MUNICIPALITY BENEFITS.--THE DEPARTMENT
14 SHALL REVIEW AND APPROVE ALL SURCHARGES FOR HOST AND AFFECTED
15 MUNICIPALITY BENEFITS AS PROVIDED IN SECTION 318.
16 SECTION 316. FINANCIAL ASSURANCE AND LIABILITY.
17 (A) FINANCIAL ASSURANCE REQUIREMENTS.--THE DEPARTMENT SHALL
18 ESTABLISH BY REGULATION DETAILED FINANCIAL ASSURANCE
19 REQUIREMENTS FOR THE OPERATOR FOR THE OPERATION, CLOSURE,
20 POSTCLOSURE MONITORING AND MAINTENANCE, AND EMERGENCIES RELATED
21 TO THE REGIONAL FACILITY.
22 (B) PROOF OF COVERAGE OF ALL COSTS.--THE OPERATOR SHALL,
23 PRIOR TO RECEIPT OF A LICENSE, SHOW THAT IT EITHER POSSESSES THE
24 NECESSARY FUNDS OR HAS REASONABLE ASSURANCE OF OBTAINING THE
25 NECESSARY FUNDS, OR A COMBINATION OF THE TWO, TO COVER ALL
26 ESTIMATED COSTS OF CONDUCTING ALL LICENSED ACTIVITIES OVER THE
27 PLANNED OPERATING LIFE OF THE REGIONAL FACILITY, INCLUDING COSTS
28 OF CONSTRUCTION AND OPERATION.
29 (C) EMERGENCY ACTIONS, CLOSURE, ETC.--THE OPERATOR SHALL,
30 PRIOR TO RECEIPT OF A LICENSE, PROVIDE ASSURANCE THAT SUFFICIENT
19870S0948B1732 - 38 -
1 FUNDS ARE AVAILABLE TO CARRY OUT EMERGENCY ACTIONS, SITE
2 CLOSURE, DECOMMISSIONING AND STABILIZATION, IN ACCORDANCE WITH
3 THE FINANCIAL ASSURANCE REGULATIONS ESTABLISHED BY THE
4 DEPARTMENT.
5 (D) INDEMNIFICATION.--
6 (1) GENERATORS, BROKERS AND CARRIERS FOR WHICH A PERMIT
7 IS REQUIRED UNDER SECTIONS 309 AND 310 SHALL COMPLY WITH THE
8 FINANCIAL ASSURANCE REGULATIONS ESTABLISHED BY THE
9 DEPARTMENT. EACH BROKER, CARRIER AND GENERATOR SHALL HOLD THE
10 COMMONWEALTH, THE HOST MUNICIPALITY, HOST COUNTY AND THEIR
11 AGENTS HARMLESS, DEFEND AND INDEMNIFY THE COMMONWEALTH, THE
12 HOST MUNICIPALITY, HOST COUNTY OR THEIR AGENTS AGAINST ANY
13 AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES AND LOSSES BY
14 REASON OF ANY INJURY OR DAMAGE TO PERSON OR PROPERTY ARISING
15 OUT OF ANY HANDLING, MANAGEMENT, SHIPPING, TRANSPORTATION OR
16 GENERATION OF LOW-LEVEL WASTE.
17 (2) THE OPERATOR-LICENSEE SHALL HOLD THE COMMONWEALTH,
18 THE HOST MUNICIPALITY, HOST COUNTY AND THEIR AGENTS HARMLESS,
19 DEFEND AND INDEMNIFY THE COMMONWEALTH, HOST MUNICIPALITY AND
20 HOST COUNTY AND THEIR AGENTS AGAINST ANY AND ALL CLAIMS,
21 ACTIONS, DEMANDS, LIABILITIES AND LOSSES FOR PERSONAL INJURY
22 OR PROPERTY DAMAGE AT LAW AND EQUITY.
23 (E) LIMITATIONS ON LIABILITY.--IN ANY ACTION AGAINST THE
24 OPERATOR-LICENSEE BY ANY PERSON FOR DAMAGES, THERE SHALL BE NO
25 LIMIT TO THE OPERATOR-LICENSEE'S LIABILITY IF IT CAN BE SHOWN
26 THAT THE OPERATOR-LICENSEE ACTED IN A MANNER THAT WAS NEGLIGENT,
27 GROSSLY NEGLIGENT, WILLFUL, RECKLESS OR INTENTIONAL. IN ALL
28 OTHER CLAIMS AND ACTIONS FOR DAMAGES AGAINST THE OPERATOR-
29 LICENSEE, THERE SHALL BE A TOTAL AND CUMULATIVE LIMIT OF
30 LIABILITY WHICH SHALL BE NO MORE THAN $100,000,000, PLUS THE
19870S0948B1732 - 39 -
1 AMOUNT OF INSURANCE OR OTHER FINANCIAL ASSURANCE APPLICABLE TO
2 THE OBLIGATION OR LIABILITY AS REQUIRED BY THE DEPARTMENT.
3 (F) SOVEREIGN IMMUNITY.--NO PROVISION OF THIS ACT SHALL
4 CONSTITUTE A WAIVER OF SOVEREIGN IMMUNITY EXCEPT AS PROVIDED BY
5 42 PA.C.S. CH. 85 SUBCH. B (RELATING TO ACTIONS AGAINST
6 COMMONWEALTH PARTIES).
7 (G) INSURANCE.--THE OPERATOR SHALL PROVIDE EVIDENCE OF
8 COMMERCIAL INSURANCE OR OTHER FINANCIAL ASSURANCE AS APPROVED BY
9 THE DEPARTMENT TO COMPENSATE PERSONS FOR BODILY INJURY OR
10 PROPERTY DAMAGE ARISING FROM SUDDEN AND NONSUDDEN INCIDENTS FROM
11 THE OPERATION OF THE FACILITY. THE DEPARTMENT SHALL DETERMINE
12 THE MINIMUM AMOUNT OF INSURANCE OR FINANCIAL ASSURANCE, BUT IN
13 NO CASE SHALL THE MINIMUM AMOUNT BE LESS THAN THE CAPITAL COST
14 OF THE REGIONAL FACILITY. FOR PURPOSES OF THIS SUBSECTION,
15 "CAPITAL COST" MEANS THE COST OF BIDDING FOR, SITING, ACQUIRING,
16 LICENSING, PLANNING, DEVELOPING, CONSTRUCTING, EQUIPPING AND
17 PROMOTING THE REGIONAL FACILITY AND IMPROVEMENTS MADE OVER THE
18 OPERATING LIFE OF THE FACILITY.
19 SECTION 317. LOW-LEVEL WASTE ADVISORY COMMITTEE.
20 (A) APPOINTMENT.--THE SECRETARY SHALL APPOINT A LOW-LEVEL
21 WASTE ADVISORY COMMITTEE. THE COMMITTEE SHALL CONSIST OF AT
22 LEAST 23 MEMBERS, 19 OF WHOM SHALL REPRESENT LOCAL GOVERNMENT,
23 ENVIRONMENTAL, HEALTH, ENGINEERING, BUSINESS, ACADEMIC AND
24 PUBLIC INTEREST GROUPS AND FOUR MEMBERS OF THE GENERAL ASSEMBLY,
25 TWO FROM THE SENATE, ONE MEMBER FROM THE MAJORITY PARTY AND ONE
26 MEMBER FROM THE MINORITY PARTY, OR THEIR DESIGNEES, WHO SHALL BE
27 APPOINTED BY THE PRESIDENT PRO TEMPORE, AND TWO FROM THE HOUSE
28 OF REPRESENTATIVES, ONE FROM THE MAJORITY PARTY AND ONE FROM THE
29 MINORITY PARTY, OR THEIR DESIGNEES, WHO SHALL BE APPOINTED BY
30 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. THE SECRETARY SHALL
19870S0948B1732 - 40 -
1 DESIGNATE A REPRESENTATIVE OF THE DEPARTMENT WHO SHALL BE A
2 NONVOTING MEMBER OF THE COMMITTEE. REPRESENTATIVES OF THE HOST
3 MUNICIPALITY AND HOST COUNTY SHALL ALSO BE APPOINTED AS
4 ADDITIONAL VOTING MEMBERS OF THE COMMITTEE. NO MEMBER OF THE
5 COMMITTEE SHALL BE EMPLOYED BY OR HOLD A FINANCIAL INTEREST IN
6 THE OPERATOR COMPANY OR ANY OF ITS SUBSIDIARIES OR PARENT
7 COMPANIES, AND NO MORE THAN THREE OF THE MEMBERS OF THE
8 COMMITTEE SHALL BE EMPLOYED BY OR HOLD A FINANCIAL INTEREST IN A
9 COMPANY WHICH SERVES AS A SUBCONTRACTOR TO THE OPERATOR COMPANY
10 OR IN ANY ENTITY THAT UTILIZES THE REGIONAL FACILITY FOR
11 DISPOSAL OF ITS LOW-LEVEL RADIOACTIVE WASTES.
12 (B) REVIEW OF DRAFT REGULATIONS, ADVICE, ETC.--THE COMMITTEE
13 SHALL HAVE AN OPPORTUNITY TO REVIEW DRAFT REGULATIONS UNDER THIS
14 ACT AND ADVISE THE DEPARTMENT PRIOR TO PROPOSAL. THE COMMITTEE
15 SHALL HAVE AN OPPORTUNITY TO REVIEW AND COMMENT ON OPERATOR
16 SELECTION, INCLUDING THE PROPOSED STANDARDS DEVELOPED BY THE
17 DEPARTMENT FOR THE QUALIFICATIONS AND COMPLIANCE HISTORY OF THE
18 OPERATOR. THE COMMITTEE MAY ALSO ADVISE THE DEPARTMENT REGARDING
19 POLICIES AND ISSUES RELATED TO THE IMPLEMENTATION OF THIS ACT AS
20 MAY BE SUBMITTED BY THE DEPARTMENT TO THE COMMITTEE FOR REVIEW.
21 (C) CHAIRMAN.--THE COMMITTEE SHALL ELECT A MEMBER TO SERVE
22 AS CHAIRMAN.
23 (D) POLICIES AND PROCEDURES.--THE COMMITTEE SHALL ESTABLISH
24 POLICIES AND PROCEDURES FOR THE CONDUCT OF BUSINESS WHICH SHALL
25 INCLUDE A POLICY REGARDING POTENTIAL CONFLICTS OF INTEREST OF
26 MEMBERS.
27 (E) MEETINGS.--MEETINGS SHALL BE HELD AT LEAST ANNUALLY.
28 AFTER A SITE IS DESIGNATED, AT LEAST ONE MEETING SHALL BE HELD
29 IN THE HOST MUNICIPALITY EACH YEAR.
30 (F) EXPENSES AND SUPPORT SERVICES.--MEMBERS SHALL SERVE
19870S0948B1732 - 41 -
1 WITHOUT SALARY OR COMPENSATION EXCEPT FOR REIMBURSEMENT BY THE
2 DEPARTMENT FOR REASONABLE AND NECESSARY EXPENSES INCURRED IN
3 CONNECTION WITH THEIR DUTIES AS APPROVED BY THE SECRETARY. THE
4 DEPARTMENT SHALL ALSO PROVIDE NECESSARY ADMINISTRATIVE SUPPORT
5 SERVICES, BUDGET AND STAFF TO THE COMMITTEE FOR THE CARRYING OUT
6 OF ITS RESPONSIBILITIES UNDER THIS SECTION.
7 (G) TERMINATION.--THE LOW-LEVEL WASTE ADVISORY COMMITTEE
8 SHALL CEASE TO EXIST WHEN THE DEPARTMENT'S RESPONSIBILITY FOR
9 THE REGULATION OF LOW-LEVEL RADIOACTIVE WASTE IS TERMINATED.
10 SECTION 318. HOST AND AFFECTED MUNICIPALITY BENEFITS AND
11 GUARANTEES.
12 (A) FUNDING FOR EVALUATION OF PROPOSAL.--UPON SUBMISSION OF
13 THE POTENTIALLY SUITABLE SITES APPLICATION TO THE ENVIRONMENTAL
14 QUALITY BOARD FOR APPROVAL, THE DEPARTMENT SHALL PROVIDE A
15 REASONABLE AMOUNT OF FUNDS, NOT TO EXCEED $100,000 PER SITE, TO
16 THE PROPOSED HOST MUNICIPALITIES IN THE STUDY UNDER SECTION
17 307(C), AND UPON THE REQUEST OF SUCH COUNTY, THE DEPARTMENT
18 SHALL PROVIDE A REASONABLE AMOUNT OF FUNDS, NOT TO EXCEED
19 $100,000 PER SITE, TO THE PROPOSED HOST COUNTY IN THE STUDY
20 UNDER SECTION 307(C) TO EVALUATE THE PROPOSAL SUBMITTED BY THE
21 OPERATOR-LICENSEE. THE HOST MUNICIPALITY AND THE HOST COUNTY
22 SHALL PRESENT THEIR FINDINGS TO THE BOARD NOT MORE THAN 180 DAYS
23 AFTER RECEIPT OF FUNDS UNDER THIS SUBSECTION. STRICT ACCOUNTING
24 AND VERIFICATION OF EXPENDITURES FOR ACTIVITIES RELATED TO THIS
25 TOPIC SHALL BE PROVIDED BY THE POTENTIAL HOST MUNICIPALITIES TO
26 THE DEPARTMENT IN ACCORDANCE WITH THEIR MUNICIPAL CODES. ALL
27 UNUSED MONEYS SHALL BE RETURNED TO THE DEPARTMENT.
28 (B) FUNDING FOR EVALUATION OF APPLICATION.--UPON RECEIPT OF
29 A LICENSE APPLICATION FROM THE OPERATOR-LICENSEE DESIGNATES, THE
30 DEPARTMENT SHALL PROVIDE A REASONABLE AMOUNT OF FUNDS, NOT TO
19870S0948B1732 - 42 -
1 EXCEED $150,000, TO THE POTENTIAL HOST MUNICIPALITY TO CARRY OUT
2 AN INDEPENDENT EVALUATION OF THE APPLICATION, AND UPON THE
3 REQUEST OF SUCH COUNTY, THE DEPARTMENT SHALL PROVIDE A
4 REASONABLE AMOUNT OF FUNDS, NOT TO EXCEED $150,000, TO THE
5 POTENTIAL HOST COUNTY TO CARRY OUT AN INDEPENDENT EVALUATION OF
6 THE APPLICATION. THE POTENTIAL HOST MUNICIPALITY AND COUNTY,
7 WITHIN 180 DAYS AFTER RECEIPT OF FUNDS UNDER THIS SUBSECTION,
8 SHALL PRESENT ITS FINDINGS TO THE DEPARTMENT FOR INCLUSION IN
9 THE LICENSING PROCEEDINGS. STRICT ACCOUNTING AND VERIFICATION OF
10 EXPENDITURES FOR ACTIVITIES RELATED TO THIS TOPIC SHALL BE
11 PROVIDED BY THE HOST MUNICIPALITY TO THE DEPARTMENT IN
12 ACCORDANCE WITH ITS MUNICIPAL CODE. ALL UNUSED MONEYS SHALL BE
13 RETURNED TO THE DEPARTMENT.
14 (C) ADDITIONAL MEMBERS OF ADVISORY COMMITTEE.--AFTER THE
15 LICENSE APPLICATION HAS BEEN RECEIVED, THE POTENTIAL HOST
16 MUNICIPALITY AND POTENTIAL HOST COUNTY WILL BE REQUESTED TO
17 NOMINATE ONE ADDITIONAL MEMBER EACH TO THE DEPARTMENT'S LOW-
18 LEVEL WASTE ADVISORY COMMITTEE.
19 (D) PETITION FOR DESIGNATION AS AFFECTED MUNICIPALITY.--
20 AFTER THE LICENSE APPLICATION HAS BEEN RECEIVED, A MUNICIPALITY
21 MAY PETITION THE DEPARTMENT TO BE DESIGNATED AS AN AFFECTED
22 MUNICIPALITY. THE DEPARTMENT SHALL DESIGNATE AFFECTED
23 MUNICIPALITIES BASED UPON, BUT NOT LIMITED TO, THE CONTENTS OF
24 THE PETITION, THE RESULTS OF THE SOCIAL AND ECONOMIC IMPACT AND
25 ENVIRONMENTAL IMPACT STUDIES SUBMITTED AS PART OF THE
26 POTENTIALLY SUITABLE SITE PROPOSAL UNDER SECTION 307, AND THE
27 LICENSE APPLICATION UNDER SECTION 308. THIS SHALL NOT PRECLUDE
28 THE DEPARTMENT FROM DESIGNATING A MUNICIPALITY AS AFFECTED EVEN
29 THOUGH THE MUNICIPALITY HAS NOT SUBMITTED A PETITION. AT LEAST
30 30 DAYS PRIOR TO TAKING FINAL ACTION, THE DEPARTMENT SHALL
19870S0948B1732 - 43 -
1 PUBLISH FOR COMMENT IN THE PENNSYLVANIA BULLETIN A NOTICE OF ITS
2 INTENT TO GRANT OR DENY DESIGNATION OF A MUNICIPALITY AS AN
3 AFFECTED MUNICIPALITY UNDER THIS ACT, INCLUDING THE REASONS FOR
4 ITS ACTION.
5 (E) DESIGNATION AS COMPONENT OF LICENSE.--THE DEPARTMENT
6 SHALL DESIGNATE HOST AND AFFECTED MUNICIPALITIES AS A PART OF
7 THE LICENSE.
8 (F) SURCHARGE FOR MUNICIPALITIES.--WITH THE APPROVAL OF THE
9 DEPARTMENT, THE OPERATOR SHALL ESTABLISH A REASONABLE SURCHARGE
10 ON RATES CHARGED FOR WASTE DISPOSED AT THE REGIONAL FACILITY TO
11 BE PAID TO THE HOST MUNICIPALITY, HOST COUNTY AND AFFECTED
12 MUNICIPALITIES FOR THE FOLLOWING PURPOSES:
13 (1) TRAINING AND EQUIPPING THE FIRST RESPONDING FIRE,
14 POLICE AND AMBULANCE SERVICES TO HANDLE ANTICIPATED EMERGENCY
15 EVENTS AT THE REGIONAL FACILITY OR ON THE TRANSPORTATION
16 ROUTES SERVING THE SITE WITHIN THE HOST OR AFFECTED
17 MUNICIPALITIES.
18 (2) SUPPORT FOR AFFECTED COUNTY EMERGENCY MANAGEMENT
19 PLANNING, TRAINING AND CENTRAL DISPATCH FACILITIES AS MAY BE
20 REQUIRED TO HANDLE ANTICIPATED EMERGENCY EVENTS AT THE
21 REGIONAL FACILITY.
22 (3) A MINIMUM DOLLAR AMOUNT GUARANTEED ANNUALLY
23 REGARDLESS OF THE VOLUME OF WASTE RECEIVED AT THE REGIONAL
24 FACILITY AND ANY ADDITIONAL AMOUNT PER UNIT OF WASTE (CUBIC
25 FOOT, CURIE CONTENT OR A COMBINATION OF THE TWO) THE OPERATOR
26 AND HOST MUNICIPALITY MAY AGREE UPON. THESE FUNDS WILL GO
27 DIRECTLY TO THE HOST MUNICIPALITY.
28 (4) PAYMENT OF SCHOOL DISTRICT AND MUNICIPAL PROPERTY
29 TAXES FOR INDIVIDUALS WHOSE PRIMARY RESIDENCE IS WITHIN TWO
30 MILES OF THE REGIONAL FACILITY FOR THE OPERATIONAL LIFE OF
19870S0948B1732 - 44 -
1 THE FACILITY. FOR PURPOSES OF THIS SECTION, A PRIMARY
2 RESIDENCE IS THE PROPERTY IN WHICH THE OWNER RESIDES FOR AT
3 LEAST NINE MONTHS OF EACH YEAR. PAYMENTS UNDER THIS SECTION
4 SHALL BE PRORATED BASED ON THE ASSESSED VALUE OF PROPERTY
5 LOCATED WITHIN TWO MILES OF THE FACILITY.
6 (5) THE HIRING BY THE HOST MUNICIPALITY OF TWO FULL-TIME
7 QUALIFIED INSPECTORS, AS DETERMINED BY THE DEPARTMENT, TO
8 PERFORM INSPECTIONS OF ALL ACTIVITIES AT THE REGIONAL
9 FACILITY UNDER A WRITTEN AGREEMENT WITH THE DEPARTMENT. THE
10 INSPECTORS SHALL HAVE THE RIGHT OF INDEPENDENT ACCESS TO
11 INSPECT ANY AND ALL RECORDS AND ACTIVITIES AT THE SITE AND TO
12 CARRY OUT JOINT INSPECTIONS WITH THE DEPARTMENT. THE
13 DEPARTMENT SHALL RESPOND IMMEDIATELY TO ANY EMERGENCY
14 COMPLAINT OF THE HOST MUNICIPALITY INSPECTOR. THE DEPARTMENT
15 SHALL RESPOND TO ANY WRITTEN COMPLAINT OF THE INSPECTOR
16 WITHIN 24 HOURS.
17 (6) THE HIRING, UPON THE REQUEST OF THE HOST COUNTY, OF
18 TWO FULL-TIME QUALIFIED HOST COUNTY INSPECTORS, TO PERFORM
19 INSPECTIONS OF ALL ACTIVITIES AT THE REGIONAL FACILITY UNDER
20 A WRITTEN AGREEMENT WITH THE DEPARTMENT. THE INSPECTORS SHALL
21 HAVE THE SAME AUTHORITY AND RESPONSIBILITIES AS THE HOST
22 MUNICIPALITY INSPECTOR AS OUTLINED IN SECTIONS 318(F)(5) AND
23 502.
24 (7) THE DEVELOPMENT OF AN EDUCATIONAL PROGRAM FOR HOST
25 INSPECTORS AND INTERESTED PARTIES.
26 (8) FUNDS FOR THE EXPENSES INCURRED BY AN ENVIRONMENTAL
27 ADVISORY COUNCIL SERVING THE HOST MUNICIPALITY OR THE
28 AFFECTED MUNICIPALITIES, WHICH HAS BEEN SET UP PURSUANT TO
29 THE ACT OF DECEMBER 21, 1973 (P.L.425, NO.148), REFERRED TO
30 AS THE MUNICIPAL ENVIRONMENTAL ADVISORY COUNCIL LAW, FOR THE
19870S0948B1732 - 45 -
1 PURPOSE OF ADVISING GOVERNMENT AGENCIES, ELECTED OFFICIALS
2 AND THE PUBLIC ON MATTERS DEALING WITH THE PROTECTION AND
3 CONSERVATION OF THE ENVIRONMENT, INCLUDING THE IMMEDIATE AREA
4 OF THE DISPOSAL SITE.
5 (G) AUTHORITY OF MUNICIPALITY.--THE HOST AND AFFECTED
6 MUNICIPALITIES' GOVERNING BODIES SHALL HAVE THE EXCLUSIVE POWER,
7 AUTHORITY AND DUTY TO DETERMINE HOW TO UTILIZE ANY FUNDS
8 RECEIVED UNDER THIS SECTION, PROVIDED THAT SUCH EXPENDITURES OR
9 UTILIZATION SHALL BE CONSISTENT WITH THE PROVISIONS OF THE
10 PREVAILING MUNICIPAL CODE IN EFFECT AT THE TIME OF THE
11 EXPENDITURE.
12 (H) ADDITIONAL DUTIES OF OPERATOR.--THE OPERATOR SHALL ALSO
13 PROVIDE FOR THE FOLLOWING:
14 (1) AN INDEPENDENT PERIODIC WELL AND SURFACE WATER
15 SAMPLING PROGRAM AND SOIL AND PLANT SAMPLING PROGRAM WHICH
16 WILL PROVIDE ANALYSES FOR RADIOACTIVE AND SPECIFIED CHEMICAL
17 CONTAMINATION FOR PROPERTIES WITHIN THREE MILES OF THE
18 BOUNDARY OF THE REGIONAL FACILITY. TEST RESULTS SHALL BE
19 SUPPLIED TO THE HOST OR AFFECTED MUNICIPALITY, HOMEOWNER AND
20 THE DEPARTMENT.
21 (2) AN INDEPENDENT, CONTINUOUS, AIR, WELL WATER, SURFACE
22 WATER AND SOIL SAMPLING PROGRAM WHICH WILL PROVIDE ANALYSES
23 FOR RADIOACTIVE AND SPECIFIED CHEMICAL CONTAMINATION AT THE
24 REGIONAL FACILITY BOUNDARY. TEST RESULTS SHALL BE SUPPLIED TO
25 THE HOST COUNTY, HOST MUNICIPALITY, AFFECTED MUNICIPALITY
26 LANDOWNERS, HOMEOWNERS AND THE DEPARTMENT.
27 (3) A PROPERTY PURCHASE PROGRAM AS FOLLOWS:
28 (I) ANY LANDOWNER WILL BE GUARANTEED THE SALE OF HIS
29 PROPERTY OR PURCHASE BY THE SITE OPERATOR AT PROPERTY
30 VALUES IMMEDIATELY PRIOR TO THE TIME OPERATOR-LICENSEE
19870S0948B1732 - 46 -
1 DESIGNATE'S POTENTIALLY SUITABLE SITE APPLICATION IS
2 SUBMITTED TO THE DEPARTMENT, AND ANY SUBSEQUENT
3 IMPROVEMENTS SINCE THAT DATE PROVIDED THAT THE REAL
4 PROPERTY AND IMPROVEMENTS THERETO ARE LOCATED WITHIN TWO
5 MILES FROM THE BOUNDARY OF THE REGIONAL FACILITY.
6 (II) THE GUARANTEE SHALL BE IN EFFECT FOR A TWO-YEAR
7 PERIOD, THIS PERIOD TO BEGIN ON THE DATE OF ISSUANCE OF
8 THE LICENSE BY THE DEPARTMENT.
9 (4) PRIOR TO ACCEPTANCE OF WASTE AT THE REGIONAL
10 FACILITY, AND EVERY THREE YEARS THEREAFTER, THE OPERATOR WILL
11 PROVIDE UPDATED INFORMATION FOR THE HEALTH SURVEY RELATED TO
12 CANCER AND OTHER DISEASE RATES AND BIRTH DEFECTS OF THE
13 POPULATION WITHIN A FIVE MILE RADIUS OF THE FACILITY, AND
14 SHALL OFFER WITHOUT CHARGE WHOLE-BODY RADIOACTIVITY
15 MEASUREMENTS AND OTHER MEASURES APPROPRIATE TO ASSESS THE
16 PRESENCE OF INTERNAL RADIOACTIVE EMITTERS TO ALL PERMANENT
17 RESIDENTS WITHIN THE HOST MUNICIPALITY OR WITHIN FIVE MILES
18 OF THE BOUNDARY OF THE REGIONAL FACILITY. ALL DATA SHALL BE
19 PROVIDED TO THE INDIVIDUAL WITH A FULL EXPLANATION OF THE
20 RESULTS AND COPIES MADE AVAILABLE TO THE HOST OR AFFECTED
21 MUNICIPALITY AND THE DEPARTMENT. TESTS OTHER THAN THE ABOVE
22 SHALL ALSO BE MADE AVAILABLE, SUBJECT TO THE APPROVAL OF THE
23 DEPARTMENT. RESULTS OF ALL SUCH TESTS SHALL BE CONSIDERED
24 CONFIDENTIAL MEDICAL RECORDS. THE DEPARTMENT SHALL RETAIN
25 COPIES OF ALL RECORDS PROVIDED TO IT.
26 (I) ADDITIONAL DUTIES OF DEPARTMENT.--IN ADDITION, THE
27 DEPARTMENT SHALL:
28 (1) SUBMIT ALL FINAL INSPECTION REPORTS TO THE HOST
29 MUNICIPALITY AND HOST COUNTY WITHIN FIVE WORKING DAYS.
30 (2) NOTIFY THE HOST MUNICIPALITY AND HOST COUNTY OF ALL
19870S0948B1732 - 47 -
1 ENFORCEMENT OR EMERGENCY ACTIONS AT THE REGIONAL FACILITY
2 IMMEDIATELY.
3 (J) BENEFIT SHARING.--WHERE THERE ARE TWO OR MORE HOST
4 MUNICIPALITIES, THE BENEFITS UNDER THIS SECTION SHALL BE SHARED
5 ACCORDING TO AN AGREEMENT TO BE REACHED BETWEEN THESE HOST
6 MUNICIPALITIES. IF AN AGREEMENT CANNOT BE REACHED, THE
7 DEPARTMENT WILL DECIDE UPON A FINAL DIVISION OF THE BENEFITS,
8 WHICH DECISION SHALL NOT BE REVIEWABLE.
9 (K) LOCAL ORDINANCES.--THE HOST MUNICIPALITY SHALL HAVE THE
10 AUTHORITY TO ADOPT REASONABLE ORDINANCES, INCLUDING, BUT NOT
11 LIMITED TO, ORDINANCES CONCERNING THE HOURS AND DAYS OF
12 OPERATION OF THE FACILITY AND TRAFFIC. SUCH ORDINANCES MAY BE IN
13 ADDITION TO, BUT NOT LESS STRINGENT THAN, NOT INCONSISTENT WITH,
14 AND NOT IN VIOLATION OF ANY PROVISION OF THIS ACT, ANY
15 REGULATION PROMULGATED PURSUANT TO THIS ACT OR ANY LICENSE
16 ISSUED PURSUANT TO THIS ACT. SUCH ORDINANCES FOUND TO BE
17 INCONSISTENT AND NOT IN SUBSTANTIAL CONFORMITY WITH THIS ACT
18 SHALL BE SUPERSEDED PURSUANT TO SECTION 503. APPEALS UNDER THIS
19 SECTION MAY BE BROUGHT BEFORE A COURT OF COMPETENT JURISDICTION.
20 SECTION 319. REBUTTABLE PRESUMPTION.
21 (A) LIABILITY OF OPERATOR.--IT SHALL BE PRESUMED AS A
22 REBUTTABLE PRESUMPTION OF LAW THAT THE OPERATOR OF A REGIONAL
23 FACILITY IS LIABLE AND RESPONSIBLE FOR ALL DAMAGES AND
24 RADIOACTIVE CONTAMINATION WITHIN THREE MILES OF THE BOUNDARY OF
25 THE REGIONAL FACILITY WITHOUT PROOF OF FAULT, NEGLIGENCE OR
26 CAUSATION.
27 (B) DEFENSES.--IN ORDER TO REBUT THE PRESUMPTION OF
28 LIABILITY, THE OPERATOR MUST AFFIRMATIVELY PROVE BY CLEAR AND
29 CONVINCING EVIDENCE THAT THE OPERATOR DID NOT CONTRIBUTE TO THE
30 DAMAGE, OR IN THE CASE OF RADIOACTIVE CONTAMINATION, ONE OF THE
19870S0948B1732 - 48 -
1 FOLLOWING THREE DEFENSES:
2 (1) THE RADIOACTIVE CONTAMINATION EXISTED PRIOR TO ANY
3 DISPOSAL OPERATIONS ON THE SITE AS DETERMINED BY A PRE-
4 OPERATIONAL SURVEY.
5 (2) THE LANDOWNER HAS REFUSED TO ALLOW THE OPERATOR
6 ACCESS TO CONDUCT A PRE-OPERATIONAL SURVEY.
7 (3) THE RADIOACTIVE CONTAMINATION OCCURRED AS A RESULT
8 OF SOME CAUSE OTHER THAN REGIONAL FACILITY OPERATIONS.
9 SECTION 320. PROTECTION FROM CONTAMINATION.
10 (A) WATER SUPPLY.--THE OPERATOR SHALL RESTORE OR REPLACE ANY
11 WATER SUPPLY WHICH HAS BEEN FOUND OR PRESUMED PURSUANT TO
12 SECTION 319 TO BE CONTAMINATED WITH RADIOACTIVE MATERIAL AS A
13 RESULT OF OPERATIONS AT THE REGIONAL FACILITY.
14 (B) CONTAMINATION IN GENERAL.--ANY LANDOWNER EXPERIENCING
15 RADIOACTIVE CONTAMINATION WITHIN THREE MILES OF THE BOUNDARY OF
16 THE REGIONAL FACILITY MAY NOTIFY THE DEPARTMENT AND REQUEST THAT
17 AN INVESTIGATION BE CONDUCTED. WITHIN TEN DAYS OF SUCH
18 NOTIFICATION, THE DEPARTMENT SHALL INVESTIGATE ANY SUCH CLAIMS,
19 AND SHALL, WITHIN 60 DAYS OF THE NOTIFICATION, MAKE A
20 DETERMINATION. IF THE DEPARTMENT FINDS THAT THE RADIOACTIVE
21 CONTAMINATION WAS CAUSED BY THE OPERATION OF THE REGIONAL
22 FACILITY OR IF IT PRESUMES THE OPERATOR OF A REGIONAL FACILITY
23 RESPONSIBLE FOR CONTAMINATION, THEN IT SHALL ISSUE SUCH ORDERS
24 TO THE OPERATOR AS ARE NECESSARY TO ABATE THE RADIOACTIVE
25 CONTAMINATION AND REPLACEMENT OF ANY CONTAMINATED WATER SUPPLY.
26 SECTION 321. LOW-LEVEL WASTE COMPACTION.
27 (A) SITING REGULATIONS.--NO LICENSE OR PERMIT TO CONSTRUCT,
28 ALTER, OWN OR OPERATE A COMMERCIAL LOW-LEVEL RADIOACTIVE WASTE
29 COMPACTOR SHALL BE ISSUED UNTIL THE ENVIRONMENTAL QUALITY BOARD
30 HAS PROMULGATED SITING REGULATIONS FOR SUCH FACILITIES. NO SUCH
19870S0948B1732 - 49 -
1 LICENSE OR PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS
2 DEMONSTRATED WITH CLEAR AND CONVINCING EVIDENCE THAT THE SITE
3 SELECTED FOR THE COMMERCIAL COMPACTOR SATISFIES THE SITING
4 REGULATIONS. THIS SUBSECTION SHALL NOT APPLY TO ANY COMMERCIAL
5 COMPACTOR FACILITY WHICH OBTAINED A LICENSE FROM THE UNITED
6 STATES NUCLEAR REGULATORY COMMISSION AUTHORIZING OPERATION
7 PURSUANT TO THE ATOMIC ENERGY ACT PRIOR TO THE EFFECTIVE DATE OF
8 THIS ACT, PROVIDED THAT SUCH COMPACTOR FACILITY SHALL COMPLY
9 WITH ALL APPLICABLE FEDERAL AND STATE REQUIREMENTS RELATING TO
10 OPERATIONS AND MONITORING AND SHALL OBTAIN ALL APPLICABLE STATE
11 ENVIRONMENTAL PERMITS. FOR PURPOSES OF THIS SECTION, A
12 COMMERCIAL COMPACTOR IS ANY COMPACTOR OF LOW-LEVEL WASTE EXCEPT:
13 (1) ONE WHICH COMPACTS WASTE AT THE SITE OF GENERATION,
14 INCLUDING ONE SITUATED ON THE PREMISES OF A HOSPITAL OR
15 RESEARCH LABORATORY.
16 (2) ONE WHICH ONLY COMPACTS WASTE GENERATED BY THE
17 FACILITY OWNER.
18 (3) A COMPACTOR WHICH COMPACTS WASTE AT THE REGIONAL
19 FACILITY.
20 (B) NONEXCLUSIVE.--NOTHING IN THIS ACT SHALL PREEMPT OR
21 PREVENT ANY POLITICAL SUBDIVISION FROM ENACTING OR ENFORCING
22 ORDINANCES OTHERWISE WITHIN ITS POWERS TO ENACT WHICH ARE
23 ADOPTED PURSUANT TO THE POLITICAL SUBDIVISIONS' POWERS RESERVED
24 UNDER THE ACT OF JANUARY 8, 1960 (P.L.2119, NO.787), KNOWN AS
25 THE AIR POLLUTION CONTROL ACT AND OTHER ENVIRONMENTAL PROTECTION
26 STATUTES OF THIS COMMONWEALTH.
27 SECTION 322. NONCOMMERCIAL LOW-LEVEL WASTE INCINERATORS.
28 (A) STANDARDS AND REGULATIONS.--THE DEPARTMENT SHALL DEVELOP
29 STANDARDS AND SITING REGULATIONS UNDER THIS ACT FOR
30 NONCOMMERCIAL LOW-LEVEL WASTE INCINERATORS WHICH SHALL INCLUDE
19870S0948B1732 - 50 -
1 REQUIREMENTS FOR COMPLIANCE WITH THIS ACT, THE ATOMIC ENERGY ACT
2 OF 1954, THE RADIATION PROTECTION ACT, THE ACT OF JUNE 22, 1937
3 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, THE ACT OF
4 JANUARY 8, 1960 (P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION
5 CONTROL ACT AND THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN
6 AS THE SOLID WASTE MANAGEMENT ACT.
7 (B) EXISTING FACILITIES.--THOSE FACILITIES WHICH ARE
8 LICENSED UNDER FEDERAL LAW TO INCINERATE LOW-LEVEL RADIOACTIVE
9 WASTE ON THE EFFECTIVE DATE OF THIS ACT MAY CONTINUE TO OPERATE.
10 SECTION 323. LIMITATION ON ACTIONS.
11 THE PROVISIONS OF ANY OTHER STATUTE TO THE CONTRARY
12 NOTWITHSTANDING, ACTIONS FOR CIVIL OR CRIMINAL PENALTIES UNDER
13 THIS ACT, OR CIVIL ACTIONS ARISING FROM CONDUCT REGULATED UNDER
14 THIS ACT MAY BE COMMENCED AT ANY TIME WITHIN A PERIOD OF 20
15 YEARS FROM THE DATE THE ALLEGED WRONGDOING IS DISCOVERED.
16 CHAPTER 5
17 ENFORCEMENT AND PENALTIES
18 SECTION 501. UNLAWFUL CONDUCT.
19 IT SHALL BE UNLAWFUL FOR ANY PERSON:
20 (1) TO CONSTRUCT, ALTER, OWN OR OPERATE A LOW-LEVEL
21 RADIOACTIVE WASTE DISPOSAL FACILITY WITHOUT A LICENSE OR IN
22 VIOLATION OF A LICENSE OR IN VIOLATION OF THIS ACT OR THE
23 RADIATION PROTECTION ACT.
24 (2) TO SHIP OR TRANSPORT LOW-LEVEL RADIOACTIVE WASTE TO
25 THE REGIONAL FACILITY WITHOUT FIRST OBTAINING A PERMIT AS
26 REQUIRED BY THE ACT AND ANY RULE OR REGULATION PROMULGATED
27 HEREUNDER.
28 (3) TO GENERATE, TRANSPORT, HANDLE, MANAGE OR DISPOSE OF
29 LOW-LEVEL RADIOACTIVE WASTE UNLESS SUCH PERSON COMPLIES WITH
30 THIS ACT, THE RADIATION PROTECTION ACT AND OTHER STATE AND
19870S0948B1732 - 51 -
1 FEDERAL STATUTES RELATING TO ENVIRONMENTAL PROTECTION,
2 RADIOLOGICAL PROTECTION AND THE PROTECTION OF THE PUBLIC
3 HEALTH, SAFETY AND WELFARE, AND WITH THE REGULATIONS OF THE
4 DEPARTMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE
5 PERMIT, LICENSE OR ORDER OF THE DEPARTMENT OR OTHER
6 APPROPRIATE STATE OR FEDERAL AGENCY.
7 (4) TO DEPOSIT, INJECT, DUMP, SPILL, LEAK OR PLACE LOW-
8 LEVEL RADIOACTIVE WASTE SO THAT LOW-LEVEL RADIOACTIVE WASTE
9 OR A CONSTITUENT OF LOW-LEVEL RADIOACTIVE WASTE ENTERS THE
10 ENVIRONMENT, IS EMITTED INTO THE AIR OR IS DISCHARGED INTO
11 THE WATERS OF THE COMMONWEALTH, IN VIOLATION OF STATE OR
12 FEDERAL STATUTES.
13 (5) TO REFUSE, HINDER, OBSTRUCT, DELAY OR THREATEN ANY
14 AGENT OR EMPLOYEE OF THE DEPARTMENT OR HOST MUNICIPALITY OR
15 HOST COUNTY INSPECTOR IN THE COURSE OF PERFORMANCE OF ANY
16 DUTY UNDER THIS ACT, INCLUDING, BUT NOT LIMITED TO, ENTRY AND
17 INSPECTION UNDER ANY CIRCUMSTANCES.
18 (6) TO CAUSE OR ASSIST IN THE VIOLATION OF ANY PROVISION
19 OF THIS ACT, ANY RULE, REGULATION, ORDER, PERMIT CONDITION OR
20 LICENSE CONDITION OF THE DEPARTMENT UNDER THIS ACT.
21 (7) TO INCINERATE LOW-LEVEL WASTE AT A COMMERCIAL
22 INCINERATOR.
23 SECTION 502. INSPECTION.
24 (A) AUTHORITY.--HOST MUNICIPALITY AND HOST COUNTY INSPECTORS
25 SHALL HAVE THE POWER TO ENTER THE REGIONAL FACILITY, AND THE
26 DEPARTMENT OR ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE THE
27 POWER TO ENTER EACH AND EVERY FACILITY AT ANY TIME FOR THE
28 PURPOSE OF INSPECTION AND THE POWER TO ENTER AT ANY TIME UPON
29 ANY PUBLIC OR PRIVATE PROPERTY, BUILDING, PREMISE OR PLACE, FOR
30 THE PURPOSE OF DETERMINING COMPLIANCE WITH THIS ACT, ANY PERMIT
19870S0948B1732 - 52 -
1 OR LICENSE CONDITIONS OR REGULATIONS OR ORDERS ISSUED UNDER THIS
2 ACT. IN THE CONDUCT OF ANY INVESTIGATION, THE DEPARTMENT OR ITS
3 DULY AUTHORIZED REPRESENTATIVES SHALL HAVE THE AUTHORITY TO
4 CONDUCT TESTS AND INSPECTIONS AND EXAMINE ANY BOOK, RECORD,
5 DOCUMENT OR OTHER EVIDENCE RELATED TO THE GENERATION,
6 MANAGEMENT, TRANSPORTATION OR DISPOSAL OF LOW-LEVEL WASTE. IN
7 THE CONDUCT OF ANY INVESTIGATION, THE HOST MUNICIPALITY
8 INSPECTOR SHALL HAVE THE AUTHORITY, AT THE REGIONAL FACILITY, TO
9 CONDUCT TESTS AND INSPECTIONS AND EXAMINE ANY BOOK, RECORD,
10 DOCUMENT OR OTHER EVIDENCE RELATED TO THE GENERATION,
11 MANAGEMENT, TRANSPORTATION OR DISPOSAL OF LOW-LEVEL WASTE.
12 (B) HALT IN OPERATIONS.--THE HOST MUNICIPALITY AND HOST
13 COUNTY INSPECTORS, AS AUTHORIZED UNDER SECTION 318(F)(5) AND
14 (6), SHALL HAVE THE AUTHORITY TO HALT OPERATION OF THE FACILITY
15 IF THE INSPECTOR DETERMINES THERE IS AN IMMEDIATE THREAT TO
16 HEALTH AND SAFETY. THIS HALT IN OPERATIONS SHALL REMAIN IN
17 EFFECT UNTIL THE DEPARTMENT EVALUATES THE SITUATION AND
18 DETERMINES WHETHER THERE IS A CONTINUING NEED FOR THE HALT IN
19 OPERATIONS. IF THE DEPARTMENT DETERMINES THERE IS NO CONTINUING
20 NEED FOR THE HALT IN OPERATIONS, THE HOST MUNICIPALITY HAS THE
21 RIGHT TO APPEAL THIS DETERMINATION TO THE ENVIRONMENTAL HEARING
22 BOARD, WHICH SHALL CONSIDER THE MATTER IMMEDIATELY.
23 (C) SEARCH WARRANT.--AN AGENT OR EMPLOYEE OF THE DEPARTMENT,
24 MAY APPLY FOR A SEARCH WARRANT, TO AN ISSUING AUTHORITY, FOR THE
25 PURPOSES OF TESTING, INSPECTING OR EXAMINING ANY RADIOACTIVE
26 MATERIAL OR ANY PUBLIC OR PRIVATE PROPERTY, BUILDING, PREMISE,
27 PLACE, BOOK, RECORD OR OTHER EVIDENCE RELATED TO THE GENERATION,
28 MANAGEMENT, TRANSPORT OR DISPOSAL OF LOW-LEVEL WASTE. THE HOST
29 MUNICIPALITY INSPECTOR MAY SIMILARLY APPLY FOR A SEARCH WARRANT
30 TO INSPECT AT THE REGIONAL FACILITY. IT SHALL BE SUFFICIENT
19870S0948B1732 - 53 -
1 PROBABLE CAUSE TO SHOW ANY OF THE FOLLOWING:
2 (1) THE TEST, INSPECTION OR EXAMINATION IS PURSUANT TO A
3 GENERAL ADMINISTRATIVE PLAN TO DETERMINE COMPLIANCE WITH THIS
4 ACT.
5 (2) THE AGENT, EMPLOYEE OR INSPECTOR HAS REASON TO
6 BELIEVE THAT A VIOLATION OF THIS ACT HAS OCCURRED OR MAY
7 OCCUR.
8 (3) THE AGENT, EMPLOYEE OR INSPECTOR HAS BEEN REFUSED
9 ACCESS TO THE LOW-LEVEL WASTE, PROPERTY, BUILDING, PREMISE,
10 PLACE, BOOK, RECORD, DOCUMENT OR OTHER EVIDENCE RELATED TO
11 THE GENERATION, MANAGEMENT, TRANSPORT OR DISPOSAL OF LOW-
12 LEVEL WASTE, OR HAS BEEN PREVENTED FROM CONDUCTING TESTS,
13 INSPECTIONS OR EXAMINATIONS TO DETERMINE COMPLIANCE WITH THIS
14 ACT.
15 (4) THE HOST MUNICIPALITY OR HOST COUNTY INSPECTOR HAS
16 MADE A WRITTEN COMPLAINT TO THE DEPARTMENT.
17 (5) A LANDOWNER HAS EXPERIENCED RADIOACTIVE
18 CONTAMINATION WITHIN THREE MILES OF THE BOUNDARY OF THE
19 REGIONAL FACILITY AND HE HAS NOTIFIED THE DEPARTMENT PURSUANT
20 TO SECTION 319.
21 SECTION 503. CONFLICTING LAWS.
22 ORDINANCES, RESOLUTIONS OR REGULATIONS OF ANY AGENCY OR
23 POLITICAL SUBDIVISION OF THIS COMMONWEALTH RELATING TO LOW-LEVEL
24 WASTE SHALL BE SUPERSEDED BY THIS ACT IF SUCH ORDINANCES,
25 RESOLUTIONS OR REGULATIONS ARE NOT IN SUBSTANTIAL CONFORMITY
26 WITH THIS ACT AND ANY RULES OR REGULATIONS OR LICENSE
27 REQUIREMENTS ISSUED HEREUNDER.
28 SECTION 504. PENALTIES.
29 (A) SUMMARY OFFENSE.--ANY PERSON WHO VIOLATES ANY PROVISIONS
30 OF THIS ACT OR ANY REGULATIONS OR ORDER PROMULGATED OR ISSUED
19870S0948B1732 - 54 -
1 HEREUNDER COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,
2 BE SENTENCED TO PAY A FINE NOT LESS THAN $100 NOR MORE THAN
3 $1,000 FOR EACH SEPARATE OFFENSE AND IN DEFAULT THEREOF SHALL BE
4 IMPRISONED FOR A TERM OF NOT MORE THAN 90 DAYS. ALL SUMMARY
5 PROCEEDINGS UNDER THIS ACT MAY BE BROUGHT BEFORE ANY DISTRICT
6 JUSTICE OR MAGISTRATE IN THE COUNTY WHERE THE OFFENSE WAS
7 COMMITTED, AND TO THAT END JURISDICTION IS HEREBY CONFERRED UPON
8 DISTRICT JUSTICES AND MAGISTRATES, SUBJECT TO APPEAL BY EITHER
9 PARTY IN THE MANNER PROVIDED BY LAW.
10 (B) MISDEMEANOR.--ANY PERSON WHO VIOLATES ANY PROVISION OF
11 THIS ACT OR ANY REGULATION OR ORDER PROMULGATED OR ISSUED
12 HEREUNDER, WITHIN TWO YEARS AFTER HAVING BEEN CONVICTED OF ANY
13 SUMMARY OFFENSE UNDER THIS ACT, COMMITS A MISDEMEANOR OF THE
14 THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
15 FINE OF NOT LESS THAN $1,000 NOR MORE THAN $25,000 FOR EACH
16 SEPARATE OFFENSE OR IMPRISONMENT IN THE COUNTY JAIL FOR A PERIOD
17 OF NOT MORE THAN ONE YEAR, OR BOTH.
18 (C) FELONY.--ANY PERSON WHO INTENTIONALLY, KNOWINGLY OR
19 RECKLESSLY VIOLATES ANY PROVISION OF THIS ACT OR ANY REGULATION
20 OR ORDER OF THE DEPARTMENT OR ANY TERM OR CONDITION OF ANY
21 PERMIT OR LICENSE, AND WHOSE ACTS OR OMISSIONS CAUSE OR CREATE
22 THE POSSIBILITY OF A PUBLIC NUISANCE OR BODILY HARM TO ANY
23 PERSON, COMMITS A FELONY OF THE SECOND DEGREE AND SHALL, UPON
24 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN $2,500
25 NOR MORE THAN $100,000 PER DAY FOR EACH VIOLATION, OR TO A TERM
26 OF IMPRISONMENT OF NOT LESS THAN ONE YEAR NOR MORE THAN TEN
27 YEARS, OR BOTH.
28 (D) SEPARATE OFFENSE FOR EACH DAY.--EACH DAY OF CONTINUED
29 VIOLATION OF ANY PROVISIONS OF THIS ACT OR ANY REGULATION OR
30 ORDER PROMULGATED OR ISSUED PURSUANT TO THIS ACT OR ANY TERM OR
19870S0948B1732 - 55 -
1 CONDITION OF ANY PERMIT OR ANY LICENSE SHALL CONSTITUTE A
2 SEPARATE OFFENSE.
3 (E) CIVIL PENALTY.--
4 (1) IN ADDITION TO PROCEEDING UNDER ANY OTHER REMEDY
5 AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF THIS ACT OR
6 A REGULATION OR ORDER OF THE DEPARTMENT PROMULGATED OR ISSUED
7 HEREUNDER, THE DEPARTMENT MAY ASSESS A CIVIL PENALTY UPON THE
8 PERSON FOR THE VIOLATION. THIS PENALTY MAY BE ASSESSED
9 WHETHER OR NOT THE VIOLATION WAS WILLFUL OR NEGLIGENT. THE
10 CIVIL PENALTY SHALL NOT EXCEED $25,000 FOR EACH VIOLATION.
11 (2) IN DETERMINING THE CIVIL PENALTY, THE DEPARTMENT
12 SHALL CONSIDER, WHERE APPLICABLE, THE WILLFULNESS OF THE
13 VIOLATION, GRAVITY OF THE VIOLATION, GOOD FAITH OF THE PERSON
14 CHARGED, HISTORY OF THE PREVIOUS VIOLATIONS, DANGER TO THE
15 PUBLIC HEALTH AND WELFARE, DAMAGE TO THE AIR, WATER, LAND OR
16 OTHER NATURAL RESOURCES OF THE COMMONWEALTH OR THEIR USES,
17 COST OF RESTORATION OR ABATEMENT, SAVINGS RESULTANT TO THE
18 PERSON IN CONSEQUENCE OF THE VIOLATION AND ANY OTHER RELEVANT
19 FACTS.
20 (3) THE PERSON CHARGED WITH THE PENALTY SHALL HAVE 30
21 DAYS TO PAY THE PROPOSED PENALTY IN FULL OR, IF THE PERSON
22 WISHES TO CONTEST EITHER THE AMOUNT OF THE PENALTY OR THE
23 FACT OF THE VIOLATION, TO FILE WITHIN A 30-DAY PERIOD AN
24 APPEAL OF THE ACTION WITH THE ENVIRONMENTAL HEARING BOARD.
25 FAILURE TO APPEAL WITHIN 30 DAYS SHALL RESULT IN A WAIVER OF
26 ALL LEGAL RIGHTS TO CONTEST THE VIOLATION OR THE AMOUNT OF
27 THE PENALTY.
28 (4) CIVIL PENALTIES SHALL BE PAYABLE TO THE COMMONWEALTH
29 OF PENNSYLVANIA AND SHALL BE COLLECTIBLE IN ANY MANNER
30 PROVIDED BY LAW FOR COLLECTION OF DEBTS. IF ANY PERSON LIABLE
19870S0948B1732 - 56 -
1 TO PAY A PENALTY NEGLECTS OR REFUSES TO PAY THE SAME AFTER
2 DEMAND, THE AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT
3 MAY ACCRUE, SHALL BE A LIEN IN FAVOR OF THE COMMONWEALTH UPON
4 THE PROPERTY, BOTH REAL AND PERSONAL, OF THE PERSON, BUT ONLY
5 AFTER SAME HAS BEEN ENTERED AND DOCKETED OF RECORD BY THE
6 PROTHONOTARY OF THE COUNTY WHERE THE PROPERTY IS SITUATED.
7 THE DEPARTMENT MAY, AT ANY TIME, TRANSMIT TO PROTHONOTARIES
8 OF THE RESPECTIVE COUNTIES CERTIFIED COPIES OF ALL SUCH
9 LIENS, AND IT SHALL BE THE DUTY OF EACH PROTHONOTARY TO ENTER
10 AND DOCKET THE SAME OF RECORD IN HIS OFFICE AND TO INDEX THE
11 SAME AS JUDGMENTS ARE INDEXED.
12 SECTION 505. ENFORCEMENT AND ABATEMENT.
13 (A) PUBLIC NUISANCE.--ANY VIOLATION OF THIS ACT OR OF ANY
14 REGULATION OR ORDER OF THE DEPARTMENT OR OF ANY TERM OR
15 CONDITION OF ANY LICENSE OR PERMIT ISSUED UNDER THIS ACT SHALL
16 CONSTITUTE A PUBLIC NUISANCE. ANY PERSON COMMITTING THE
17 VIOLATION SHALL BE LIABLE FOR THE COSTS OF ABATEMENT OF THE
18 NUISANCE. THE ENVIRONMENTAL HEARING BOARD IS HEREBY GIVEN
19 JURISDICTION OVER ACTIONS TO RECOVER THE COSTS OF THE ABATEMENT
20 AND CIVIL PENALTIES.
21 (B) ORDERS.--IN ADDITION TO OTHER REMEDIES PROVIDED UNDER
22 THIS ACT OR ANY OTHER ACT, TO AID IN THE ENFORCEMENT OF THIS
23 ACT, THE DEPARTMENT MAY ISSUE ORDERS TO PERSONS AS IT DEEMS
24 NECESSARY TO PROTECT HEALTH AND SAFETY AND THE ENVIRONMENT.
25 THESE ORDERS MAY INCLUDE AN ORDER MODIFYING OR REVOKING LICENSES
26 OR PERMITS, ORDERS TO CEASE UNLAWFUL ACTIVITIES OR OTHER ACTS
27 INVOLVING LOW-LEVEL WASTE THAT ARE DETERMINED BY THE DEPARTMENT
28 TO BE DETRIMENTAL TO THE PUBLIC HEALTH AND SAFETY, ORDERS
29 PROHIBITING ACCESS TO THE REGIONAL FACILITY, AND SUCH OTHER
30 ORDERS AS THE DEPARTMENT DEEMS NECESSARY TO ABATE PUBLIC
19870S0948B1732 - 57 -
1 NUISANCES. AN ORDER ISSUED UNDER THIS SUBSECTION SHALL TAKE
2 EFFECT UPON NOTICE, UNLESS THE ORDER SPECIFIES OTHERWISE. AN
3 APPEAL TO THE ENVIRONMENTAL HEARING BOARD SHALL NOT
4 AUTOMATICALLY ACT AS A SUPERSEDEAS UNLESS SO GRANTED BY THE
5 BOARD. IT SHALL BE THE DUTY OF ANY PERSON TO COMPLY WITH ANY
6 ORDER ISSUED UNDER THIS SUBSECTION UNLESS AND UNTIL A
7 SUPERSEDEAS HAS BEEN OBTAINED. ANY PERSON WHO FAILS TO COMPLY
8 WITH AN ORDER LAWFULLY ISSUED UNDER THIS SUBSECTION SHALL BE
9 GUILTY OF CONTEMPT AND SHALL BE PUNISHED IN AN APPROPRIATE
10 MANNER BY THE COMMONWEALTH COURT, WHICH COURT IS HEREBY GRANTED
11 JURISDICTION, UPON APPLICATION BY THE DEPARTMENT.
12 (C) INJUNCTION.--IN ADDITION TO ANY OTHER REMEDIES PROVIDED
13 FOR IN THIS ACT, THE DEPARTMENT MAY INSTITUTE A SUIT IN EQUITY
14 IN THE NAME OF THE COMMONWEALTH FOR AN INJUNCTION TO RESTRAIN A
15 VIOLATION OF THIS ACT OR THE REGULATIONS OR ORDER ADOPTED OR
16 ISSUED UNDER THIS ACT, OR TO RESTRAIN THE MAINTENANCE OR THREAT
17 OF A PUBLIC NUISANCE. IN ANY SUCH PROCEEDING THE COURT SHALL,
18 UPON MOTION BY THE DEPARTMENT, ISSUE A PROHIBITORY OR MANDATORY
19 PRELIMINARY INJUNCTION IF IT FINDS THAT THE DEFENDANT IS
20 ENGAGING IN UNLAWFUL CONDUCT OR IS ENGAGED IN CONDUCT WHICH IS
21 CAUSING IMMEDIATE AND IRREPARABLE HARM TO THE PUBLIC OR THE
22 ENVIRONMENT. THE COMMONWEALTH SHALL NOT BE REQUIRED TO FURNISH
23 BOND OR OTHER SECURITY IN CONNECTION WITH SUCH PROCEEDINGS.
24 (D) IMPOUNDMENT, ETC.--THE DEPARTMENT SHALL HAVE THE
25 AUTHORITY TO IMPOUND TEMPORARILY ANY LOW-LEVEL WASTE OR TO TAKE
26 OTHER ACTIONS AS ARE NECESSARY TO ABATE A PUBLIC NUISANCE
27 WHEREVER THE DEPARTMENT BELIEVES THAT THIS ACTION IS NECESSARY
28 TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC AND THE
29 ENVIRONMENT.
30 (E) EMERGENCY.--WHENEVER THE DEPARTMENT FINDS THAT AN
19870S0948B1732 - 58 -
1 EMERGENCY EXISTS REQUIRING IMMEDIATE ACTION TO PROTECT THE
2 PUBLIC HEALTH AND SAFETY OR THE ENVIRONMENT, THE DEPARTMENT IS
3 AUTHORIZED, WITHOUT NOTICE OR HEARING, TO ISSUE AN ORDER TO ANY
4 PERSON RECITING THE EXISTENCE OF SUCH EMERGENCY AND REQUIRING
5 THAT APPROPRIATE ACTION BE TAKEN TO MEET THE EMERGENCY.
6 NOTWITHSTANDING ANY PROVISION OF THIS ACT, SUCH ORDER SHALL BE
7 EFFECTIVE IMMEDIATELY, UNLESS A SUPERSEDEAS IS GRANTED BY THE
8 ENVIRONMENTAL HEARING BOARD.
9 SECTION 506. CONSTRUCTION OF ACT.
10 THE PENALTIES AND REMEDIES PRESCRIBED BY THIS ACT SHALL BE
11 DEEMED CONCURRENT, AND THE EXISTENCE OF OR EXERCISE OF ANY
12 REMEDY SHALL NOT PREVENT THE DEPARTMENT OR ANY PERSON FROM
13 EXERCISING ANY OTHER REMEDY AT LAW OR IN EQUITY. NO PROVISION OF
14 THIS ACT OR ANY ACTION TAKEN BY VIRTUE OF THIS ACT, INCLUDING
15 THE GRANTING OF A PERMIT OR LICENSE, SHALL BE CONSTRUED AS
16 ESTOPPING THE COMMONWEALTH FROM PROCEEDING IN COURTS OF LAW OR
17 EQUITY TO ABATE NUISANCES UNDER EXISTING LAW; NOR SHALL THIS ACT
18 IN ANY OTHER MANNER ABRIDGE OR ALTER RIGHTS OF ACTION OR
19 REMEDIES NOW OR HEREAFTER EXISTING IN EQUITY OR UNDER THE COMMON
20 LAW OR STATUTORY LAW, CRIMINAL OR CIVIL, EXERCISED BY THE
21 COMMONWEALTH OR ANY PERSON TO ENFORCE THEIR RIGHTS OR TO ABATE
22 ANY NUISANCE, NOW OR HEREAFTER EXISTING, IN ANY COURT OF
23 COMPETENT JURISDICTION.
24 SECTION 507. RIGHT OF CITIZEN TO INTERVENE IN PROCEEDINGS.
25 ANY CITIZEN OF THIS COMMONWEALTH HAVING AN INTEREST WHICH IS
26 OR MAY BE ADVERSELY AFFECTED SHALL HAVE THE RIGHT ON HIS OWN
27 BEHALF, WITHOUT POSTING BOND, TO INTERVENE IN ANY ACTION BROUGHT
28 PURSUANT TO SECTION 505(C).
29 SECTION 508. CITIZEN SUITS.
30 (A) AUTHORITY TO BRING CIVIL ACTION.--EXCEPT AS PROVIDED IN
19870S0948B1732 - 59 -
1 SUBSECTION (C), ANY AFFECTED PERSON MAY COMMENCE A CIVIL ACTION
2 ON HIS OWN BEHALF AGAINST ANY PERSON WHO IS ALLEGED TO BE IN
3 VIOLATION OF THIS ACT.
4 (B) JURISDICTION.--THE ENVIRONMENTAL HEARING BOARD IS HEREBY
5 GIVEN JURISDICTION OVER CITIZEN SUIT ACTIONS BROUGHT UNDER THIS
6 SECTION AGAINST THE DEPARTMENT. ACTIONS AGAINST ANY OTHER
7 PERSONS UNDER THIS SECTION MAY BE TAKEN IN A COURT OF COMPETENT
8 JURISDICTION. SUCH JURISDICTION IS IN ADDITION TO ANY RIGHTS OF
9 ACTION NOW OR HEREAFTER EXISTING IN EQUITY, OR UNDER THE COMMON
10 LAW OR STATUTORY LAW.
11 (C) NOTICE.--NO ACTION MAY BE COMMENCED UNDER THIS SECTION
12 PRIOR TO 60 DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE
13 VIOLATION TO THE SECRETARY, TO THE HOST MUNICIPALITY AND TO ANY
14 ALLEGED VIOLATOR OF THE ACT, OF OTHER ENVIRONMENTAL PROTECTION
15 ACTS, OR OF THE REGULATION OR ORDER OF THE DEPARTMENT WHICH HAS
16 ALLEGEDLY BEEN VIOLATED, OR IF THE SECRETARY HAS COMMENCED AND
17 IS DILIGENTLY PROSECUTING AN ADMINISTRATIVE ACTION BEFORE THE
18 ENVIRONMENTAL HEARING BOARD, OR A CIVIL OR CRIMINAL ACTION IN A
19 COURT OF THE UNITED STATES OR A STATE TO REQUIRE COMPLIANCE WITH
20 SUCH PERMIT, STANDARD, REGULATION, CONDITION, REQUIREMENT,
21 PROHIBITION OR ORDER.
22 (D) AWARD OF COSTS.--THE ENVIRONMENTAL HEARING BOARD OR A
23 COURT OF COMPETENT JURISDICTION, IN ISSUING ANY FINAL ORDER IN
24 ANY ACTION BROUGHT PURSUANT TO SUBSECTION (A), MAY AWARD COSTS
25 OF LITIGATION (INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS
26 FEES) TO ANY PARTY, WHENEVER THE BOARD DETERMINES SUCH AWARD IS
27 APPROPRIATE.
28 SECTION 509. WHISTLEBLOWER PROVISIONS.
29 (A) ADVERSE ACTION PROHIBITED.--NO EMPLOYER MAY DISCHARGE,
30 THREATEN OR OTHERWISE DISCRIMINATE OR RETALIATE AGAINST AN
19870S0948B1732 - 60 -
1 EMPLOYEE REGARDING THE EMPLOYEE'S COMPENSATION, TERMS,
2 CONDITIONS, LOCATION OR PRIVILEGES OF EMPLOYMENT BECAUSE THE
3 EMPLOYEE OR A PERSON ACTING ON BEHALF OF THE EMPLOYEE MAKES A
4 GOOD FAITH REPORT OR IS ABOUT TO REPORT, VERBALLY OR IN WRITING,
5 TO THE EMPLOYER OR APPROPRIATE AUTHORITY AN INSTANCE OF
6 WRONGDOING.
7 (B) DISCRIMINATION PROHIBITED.--NO EMPLOYER MAY DISCHARGE,
8 THREATEN OR OTHERWISE DISCRIMINATE OR RETALIATE AGAINST AN
9 EMPLOYEE REGARDING THE EMPLOYEE'S COMPENSATION, TERMS,
10 CONDITIONS, LOCATION OR PRIVILEGES OF EMPLOYMENT BECAUSE THE
11 EMPLOYEE IS REQUESTED BY AN APPROPRIATE AUTHORITY TO PARTICIPATE
12 IN AN INVESTIGATION, HEARING OR INQUIRY HELD BY AN APPROPRIATE
13 AUTHORITY OR IN A COURT ACTION.
14 (C) REMEDIES.--THE REMEDIES, PENALTIES AND ENFORCEMENT
15 PROCEDURES FOR VIOLATIONS OF THIS SECTION SHALL BE PROVIDED IN
16 THE ACT OF DECEMBER 12, 1986 (P.L.1559, NO.169), KNOWN AS THE
17 WHISTLEBLOWER LAW.
18 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
19 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
20 SUBSECTION:
21 "APPROPRIATE AUTHORITY." A FEDERAL, STATE OR LOCAL
22 GOVERNMENT BODY, AGENCY OR ORGANIZATION HAVING JURISDICTION OVER
23 CRIMINAL LAW ENFORCEMENT OR REGULATORY VIOLATIONS; OR A MEMBER,
24 OFFICER, AGENT, REPRESENTATIVE OR SUPERVISORY EMPLOYEE OF THE
25 BODY, AGENCY OR ORGANIZATION. THE TERM INCLUDES, BUT IS NOT
26 LIMITED TO, THE DEPARTMENT, HOST COUNTY, HOST MUNICIPALITY OR
27 OTHER PUBLIC AGENCY WHOSE FUNCTIONS INCLUDE PUBLIC HEALTH AND
28 SAFETY.
29 "EMPLOYEE." A PERSON WHO PERFORMS A SERVICE FOR WAGES OR
30 OTHER REMUNERATION UNDER A CONTRACT OF HIRE, WRITTEN OR ORAL,
19870S0948B1732 - 61 -
1 EXPRESS OR IMPLIED, FOR AN EMPLOYER.
2 "EMPLOYER." AN OPERATOR OF A LOW-LEVEL WASTE FACILITY, A
3 CONTRACTOR DEVELOPING SUCH A FACILITY OR A CONTRACTOR DEVELOPING
4 PROCEDURES OR REGULATIONS ASSOCIATED WITH THE APPALACHIAN
5 COMPACT LOW-LEVEL NUCLEAR WASTE FACILITY.
6 "GOOD FAITH REPORT." A REPORT OF CONDUCT DEFINED IN THIS
7 SECTION AS WRONGDOING WHICH IS MADE WITHOUT MALICE OR
8 CONSIDERATION OF PERSONAL BENEFIT AND WHICH THE PERSON MAKING
9 THE REPORT HAS REASONABLE CAUSE TO BELIEVE IS TRUE.
10 "WRONGDOING." A VIOLATION WHICH IS NOT OF A MERELY TECHNICAL
11 OR MINIMAL NATURE OF A FEDERAL OR STATE STATUTE, REGULATION,
12 LICENSE, PERMIT OR ORDER RELATING TO THE OPERATION OF LOW-LEVEL
13 WASTE FACILITIES OR RELATING TO THE PRESERVATION OF THE PUBLIC
14 HEALTH AND SAFETY IN RELATION TO SUCH FACILITIES.
15 CHAPTER 7
16 APPALACHIAN STATES LOW-LEVEL RADIOACTIVE
17 WASTE COMMISSION
18 SECTION 701. APPOINTMENT AND QUALIFICATION OF COMMISSIONERS.
19 AS AN INITIAL HOST STATE UNDER THE COMPACT, PENNSYLVANIA'S
20 DELEGATION TO THE COMMISSION SHALL CONSIST OF FIVE MEMBERS. UPON
21 PASSAGE OF THIS ACT, THE GOVERNOR SHALL IMMEDIATELY APPOINT FOUR
22 VOTING MEMBERS AND FOUR ALTERNATES. EACH OF THE MEMBERS AND
23 ALTERNATES SHALL BE APPOINTED BY AND SERVE AT THE PLEASURE OF
24 THE GOVERNOR AND BE CONFIRMED BY A MAJORITY VOTE OF THE MEMBERS
25 ELECTED TO THE SENATE. EACH APPOINTEE SHALL BE A RESIDENT AND
26 CITIZEN OF THIS COMMONWEALTH AT THE TIME OF HIS APPOINTMENT AND
27 FOR THE DURATION OF HIS TERM. NO APPOINTEE SHALL, FOR THREE
28 YEARS PRIOR TO APPOINTMENT, HAVE A FINANCIAL INTEREST IN OR BE
29 EMPLOYED BY THE OPERATOR OF ANY LOW-LEVEL WASTE DISPOSAL
30 FACILITY, A SUBSIDIARY OF THE OPERATOR, PARENT COMPANY OF THE
19870S0948B1732 - 62 -
1 OPERATOR, A SUBCONTRACTOR OF THE OPERATOR, OR IN ANY CORPORATION
2 THAT UTILIZES THE FACILITY FOR DISPOSAL OF ITS WASTES. NO MEMBER
3 OR ALTERNATE SHALL ACCEPT EMPLOYMENT FROM ANY REGIONAL FACILITY
4 OPERATOR, A SUBSIDIARY OF THE OPERATOR, PARENT COMPANY OF THE
5 OPERATOR, A SUBCONTRACTOR OF THE OPERATOR, ANY CORPORATION THAT
6 UTILIZES THE FACILITY FOR DISPOSAL OF ITS WASTES, BROKERS OR
7 CARRIERS DURING HIS TERM OF OFFICE AND THREE YEARS AFTER LEAVING
8 OFFICE. IN THE EVENT THAT A MEMBER OR ALTERNATE RESIGNS, THE
9 GOVERNOR SHALL, SUBJECT TO SENATE CONFIRMATION, APPOINT A
10 REPLACEMENT TO SERVE. FOLLOWING SELECTION OF THE SITE OF THE
11 REGIONAL FACILITY, THE GOVERNOR SHALL APPOINT A VOTING MEMBER
12 AND ALTERNATE WHO SHALL BE RESIDENTS OF THE HOST MUNICIPALITY.
13 THE GOVERNOR SHALL NOTIFY THE COMMISSION IN WRITING OF THE
14 IDENTITIES OF THE MEMBERS AND THE ALTERNATES.
15 SECTION 702. AUTHORITY OF THE COMMISSION.
16 (A) GENERAL RULE.--THE COMMISSION IS AUTHORIZED:
17 (1) TO ENTER INTO RECIPROCAL CONTINGENCY AGREEMENTS WITH
18 NONCOMPACT STATES OR OTHER REGIONAL BOARDS FOR THE EMERGENCY
19 DISPOSAL OF LOW-LEVEL WASTE GENERATED OUTSIDE THE COMPACT
20 REGION. ANY SUCH AGREEMENT SHALL INCLUDE A PROVISION THAT THE
21 QUANTITY OF WASTE FOR WHICH THE PARTIES ARE RESPONSIBLE UNDER
22 THE AGREEMENT SHALL BE EQUAL BASED ON THE VOLUME OF WASTE
23 AND/OR TOTAL CURIE COUNT.
24 (2) TO ESTABLISH REGULATIONS TO SPECIFICALLY GOVERN AND
25 DEFINE EXACTLY WHAT WOULD CONSTITUTE AN EMERGENCY WHICH
26 REQUIRES THE DISPOSAL OF OUT-OF-COMPACT LOW-LEVEL WASTE AT
27 THE REGIONAL FACILITY.
28 (3) TO DETERMINE WHETHER AN EMERGENCY EXISTS OUTSIDE THE
29 COMPACT REGION AND THAT A CONTINGENCY AGREEMENT SHOULD BE
30 IMPLEMENTED.
19870S0948B1732 - 63 -
1 (4) TO REQUEST THE GENERAL ASSEMBLY AND THE GOVERNOR TO
2 APPROVE AN EXTENSION OF A RECIPROCAL-CONTINGENCY AGREEMENT,
3 AND TO PROVIDE THE DATE WHEN OUT-OF-COMPACT WASTE DISPOSAL
4 WILL CEASE UNDER THE AGREEMENT.
5 (B) OUT-OF-COMPACT WASTE.--NO AGREEMENT SHALL PERMIT THE
6 DISPOSAL OF OUT-OF-COMPACT LOW-LEVEL WASTE FOR A PERIOD
7 EXCEEDING FOUR MONTHS, UNLESS AN EXTENSION IS GRANTED BY THE
8 GENERAL ASSEMBLY OR THE GOVERNOR.
9 CHAPTER 9
10 MISCELLANEOUS PROVISIONS
11 SECTION 901. ANNUAL REPORT.
12 THE DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT TO THE GENERAL
13 ASSEMBLY DETAILING ALL THE CURRENT ACTIVITIES OF THE APPALACHIAN
14 LOW-LEVEL WASTE COMPACT, COMPACT COMMISSIONERS AND FACILITY
15 OPERATORS. THE DEPARTMENT SHALL ALSO INCLUDE IN THE REPORT A
16 LIST OF ALL LOW-LEVEL WASTE GENERATORS, BROKERS AND CARRIERS,
17 THE AMOUNTS OF WASTE GENERATED BY EACH SOURCE BY VOLUME,
18 TOXICITY, PRODUCT AND USE, INCLUDING CURIE CONTENT, HAZARDOUS
19 LIFE AND RADIONUCLIDE. A GEOGRAPHIC BREAKDOWN SHALL ALSO BE
20 INCLUDED. THE DEPARTMENT SHALL ALSO FURNISH FINANCIAL STATISTICS
21 RELATING TO ALL ASPECTS OF THE APPALACHIAN COMPACT AND ITS
22 ASSOCIATED FACILITY. THE DEPARTMENT SHALL ALSO FURNISH
23 STATISTICS RELATING TO VOLUME REDUCTION, WASTE MINIMIZATION,
24 SEPARATION AND RELATED PROCESSING.
25 SECTION 902. LIBERAL CONSTRUCTION.
26 THE TERMS AND PROVISIONS OF THIS ACT ARE TO BE LIBERALLY
27 CONSTRUED SO AS TO BEST ACHIEVE AND EFFECTUATE THE GOALS AND
28 PURPOSES THEREOF.
29 SECTION 903. CONSTRUCTION WITH OTHER LAWS.
30 (A) OTHER ACTS.--THIS ACT SHALL BE CONSTRUED IN PARA MATERIA
19870S0948B1732 - 64 -
1 WITH THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT
2 AND THE RADIATION PROTECTION ACT.
3 (B) AUTHORITY OF DEPARTMENT.--THE AUTHORITY GIVEN THE
4 DEPARTMENT UNDER THIS ACT OVER THE REGULATION OF LOW-LEVEL
5 RADIOACTIVE WASTE SHALL BE CONSTRUED AS COMPLEMENTARY TO THE
6 DEPARTMENT'S AUTHORITY OVER RADIATION SOURCES ESTABLISHED UNDER
7 THE RADIATION PROTECTION ACT. THIS ACT SHALL NOT BE CONSTRUED TO
8 LIMIT THE DEPARTMENT'S AUTHORITY UNDER THE RADIATION PROTECTION
9 ACT TO LICENSE THE GENERATION, MANAGEMENT, HANDLING OR
10 TRANSPORTATION OF LOW-LEVEL WASTE.
11 SECTION 904. APPROPRIATIONS.
12 (A) INITIAL FUNDING OF PROGRAM.--IT IS THE INTENT OF THE
13 GENERAL ASSEMBLY TO FUND THIS PROGRAM INITIALLY THROUGH ANNUAL
14 GENERAL FUND APPROPRIATION FOR TRANSFER TO THE LOW-LEVEL WASTE
15 FUND.
16 (B) DISPOSITION OF GENERAL FUND APPROPRIATION.--THE FUNDS
17 REMAINING OF THE APPROPRIATION MADE TO THE DEPARTMENT FOR THE
18 LOW-LEVEL RADIOACTIVE WASTE CONTROL PROGRAM UNDER SECTION 213 OF
19 THE ACT OF JULY 3, 1987 (P.L. , NO.9A), KNOWN AS THE GENERAL
20 APPROPRIATION ACT OF 1987, ARE HEREBY TRANSFERRED TO THE LOW-
21 LEVEL WASTE FUND.
22 (C) REPAYMENT OF GENERAL FUND.--THE SUM APPROPRIATED UNDER
23 SECTION 213 OF THE GENERAL APPROPRIATION ACT OF 1987 FOR THE
24 LOW-LEVEL RADIOACTIVE WASTE CONTROL PROGRAM SHALL BE REPAID TO
25 THE GENERAL FUND UNDER SECTION 315(C)(1)(I) OF THIS ACT.
26 SECTION 905. REPEALS
27 (A) ABSOLUTE REPEALS.--THE FOLLOWING ACTS AND PARTS OF ACTS
28 ARE REPEALED:
29 ACT OF SEPTEMBER 8, 1959 (P.L.807, NO.302), ENTITLED "AN ACT
30 EMPOWERING THE DEPARTMENT OF HEALTH TO REGULATE THE BURIAL OF
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1 RADIOACTIVE MATERIAL AND TO ISSUE PERMITS THEREFOR; AND
2 PRESCRIBING PENALTIES."
3 ACT OF OCTOBER 26, 1959 (P.L.1380, NO.480), ENTITLED "AN ACT
4 EMPOWERING THE COMMONWEALTH TO ACQUIRE LAND AND OPERATE BURIAL
5 GROUNDS FOR THE DISPOSAL OF RADIOACTIVE MATERIALS."
6 (B) INCONSISTENT REPEAL.--THE FOLLOWING ACTS AND PARTS OF
7 ACTS ARE REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THIS
8 ACT:
9 ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE SOLID
10 WASTE MANAGEMENT ACT.
11 (C) CONSTRUCTION OF SECTION.--THIS SECTION SHALL NOT BE
12 CONSTRUED TO REPEAL JURISDICTION OVER RADIOACTIVE WASTES THAT
13 ARE ALSO HAZARDOUS WASTES UNDER THE SOLID WASTE MANAGEMENT ACT,
14 AND IT IS HEREBY DECLARED TO BE THE LEGISLATIVE INTENT OF THE
15 SOLID WASTE MANAGEMENT ACT TO REGULATE SUCH RADIOACTIVE WASTES
16 THAT ARE ALSO LISTED OR CHARACTERISTIC HAZARDOUS WASTES OR ARE
17 MIXED WITH HAZARDOUS WASTE.
18 SECTION 906. EFFECTIVE DATE.
19 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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