§ 24-60-2207 — Statewide assessment of facility sites

(1) For the protection
of the public health and safety and without limiting or qualifying other applicable
laws, rules, regulations, standards, or limitations pertaining to the control of
radiation in this state, the department shall be granted the following additional
authority concerning low-level radioactive waste:

(a) The department may acquire by gift, transfer, or purchase any and all
lands, buildings, and grounds reasonably necessary for a regional low-level
radioactive waste facility.

(b) To ensure that a suitable regional low-level radioactive waste facility is
established, the department shall conduct a statewide assessment and evaluation
of potential areas for the location of a facility. The assessment and evaluation shall
consider all applicable federal and state laws and regulations and shall consider
but need not be limited to the following factors:

(I) Physical and chemical characteristics of strata;

(II) Surface and subsurface hydrology;

(III) Topography and drainage;

(IV) Meteorology and climatology;

(V) Demography (including population density near the site);

(VI) Access routes and affected public roads;

(VII) Ecological impact;

(VIII) Relationship to local land use plans;

(IX) Ownership of real property.

(c) The department shall provide reasonable opportunity for public comment
during the assessment and evaluation and shall afford interested persons an
opportunity, at public hearing, to submit data and views orally or in writing on the
potentially suitable areas. Subsequent to having conducted the assessment and
evaluation, the department shall identify those areas determined as potentially
suitable for a facility.

(d) The department shall not approve any facility for the disposal of low-level radioactive waste outside of the areas identified pursuant to this subsection
(1) or an area recommended by a board of county commissioners under section 24-60-2206 unless the site applicant demonstrates to the satisfaction of the
department that the proposed site is at least as technically suitable as the areas
identified pursuant to this subsection (1).

(e) The department may, by lease or license, provide for the operation of
facilities for the implementation of the purposes of this part 22. No facility may be
licensed until designated pursuant to part 1 of article 20 of title 30, C.R.S., by the
board of county commissioners of the county in which the proposed facility is to be
located. In the event that no county has recommended a facility site or an
application for such site has not been submitted by January 1, 1985, the department
shall prepare an alternative plan for facility development. Said alternative plan
shall be submitted to the general assembly no later than January 1, 1986, for review
and approval. In the submission of an alternative plan to the general assembly, the
department shall also request authority to acquire a site for a facility.

(f) The department shall require the posting of a bond or other surety by
each licensee to assure the availability of funds to the state in the event of
accident, abandonment, discontinuance of an operation, insolvency, or other
inability of a lessee or licensee to meet the requirements of the department
pursuant to article 11 of title 25, C.R.S., in providing for the safe operation,
decommissioning, decontamination, and reclamation of a facility, or any
circumstance which results in a potential radiation hazard.

Legislative History

Source: L. 82: Entire part added, p. 404, � 1, effective July 1.