§ 29-0701 — Financial requirements for low-level radioactive waste disposal facilities

§ 29-0701. Financial requirements for low-level radioactive waste\n disposal facilities.\n 1. Within eighteen months after the effective date of this section,\nthe commissioner shall promulgate regulations applicable to facilities\nfor the permanent disposal of low-level radioactive waste which identify\nfinancial requirements to be included as conditions in permits for\nfacilities for the management of low-level radioactive waste. Such\nconditions shall provide for the remediation of failures during\noperation and after facility closure, for facility closure, and for\npre-closure and post-closure facility monitoring and maintenance. Such\nregulations shall:\n a. Reflect due consideration of the sizes and locations of affected\nfacilities, the natures and volume of low-level radioactive waste\ninvolved, the types of facilities and the degrees and durations of risk\nto human health or the environment.\n b. Provide for the establishment, administration, terms and conditions\nof the following methods or instruments to be used as alternatives or in\ncombinations, in order to achieve non-duplicative coverage of the\nfinancial assurance requirements mandated by this section:\n (i) Trust funds.\n (ii) Surety or performance bonds.\n (iii) Letters of credit.\n (iv) Liability insurance or annuities.\n (v) Guarantees provided by corporate or other legal or financial\naffiliates of the facility owner or operator.\n c. Establish the duration of such financial requirements.\n 2. Any owner or operator of such a facility for the management of\nlow-level radioactive waste may request a modification of any of the\nfinancial requirements established pursuant to subdivision one of this\nsection. A modification may be granted in the discretion of the\ndepartment if such financial requirements are found to be unnecessary or\ninappropriate, consistent with the public interest and the purposes of\nthis section and supported by written findings setting forth the reasons\nfor the modification. Such a modification request shall be considered a\nrequest for modification of the permit for the facility. In no case\nshall a modification granted pursuant to this subdivision eliminate or\nreduce the minimum requirements established in subdivision four of this\nsection.\n 3. In addition to the financial requirements established pursuant to\nsubdivision one of this section, any permits for such facilities for the\nmanagement of low-level radioactive waste issued by the department may,\nif it is determined that adequate protection of the public so requires,\ninclude conditions related to any or all of the following, including\nresponsibility for the costs thereof:\n a. On-site environmental monitors whose function shall be to monitor\ncompliance with permit conditions. The commissioner may promulgate\nregulations regarding the use of such monitors.\n b. Site safety plans whereby the permittee shall establish, with the\ncooperation of local government officials, a community and project\nsafety plan, including but not limited to an accident response based on\na worst-case condition, on-site and off-site, a personnel training\nprogram, provisions for coordination with local emergency services and\nregular training exercises. Any such plan shall be subject to the\napproval of the department.\n 4. Any permits for such facilities for the management of low-level\nradioactive waste issued by the department shall require the owner or\noperator to provide, at a minimum, one of the methods or instruments of\nfinancial assurance provided for in paragraph b of subdivision one of\nthis section. Such methods or instruments shall be designed to insure\nproper facility closure, based on the estimates approved pursuant to\nsection 29-0703 of this title, and coverage of personal injury and\nproperty damage to third parties caused by the operation of such\nfacility. Such methods or instruments shall from time to time be\nreviewed and updated, pursuant to regulations promulgated by the\ndepartment, to insure their continued adequacy for the purposes of this\nsection.\n