(1)Waste generated as a result of defense activities of the Federal Government or federal research and development activities;
(2)High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted;
(3)Waste material containing transuranic elements with contamination levels greater than 10 nanocuries per gram of waste material;
(4)By-product material as defined in section 11 e. (2) of the Atomic Energy Act of 1954, as amended on November 8, 1978; or
(5)Wastes from mining, milling, smelting, or similar processing of ores and mineral-bearing material primarily for minerals other than radium;
(1)Has been approved as a regional facility by the board; or
(2)Is the low-level waste facility in existence on January 1, 1982, at Beatty, Nevada.
(1)Cause a regional facility to be developed on a timely basis as determined by the board, and secure the approval of such regional facility by the board as provided in article 4 before allowing site preparation or physical construction to begin;
(2)Ensure by its own law, consistent with any applicable federal law, the protection and preservation of public health and safety in the siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state;
(3)Subject to the approval of the board, ensure that charges for management of low-level waste at the regional facilities within the state are reasonable;
(4)Solicit comments from each other party state and the board regarding siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state and respond in writing to such comments;
(5)Submit an annual report to the board which contains projections of the anticipated future capacity and availability of the regional facilities within the state, together with other information required by the board; and
(6)Notify the board immediately if any exigency arises requiring the possible temporary or permanent closure of a regional facility within the state at a time earlier than was projected in the state’s most recent annual report to the board.
(1)Agrees to adopt and enforce procedures requiring low-level waste shipments originating within its borders and destined for a regional facility to conform to packaging and transportation requirements and regulations. Such procedures shall include but are not limited to:
(a)Periodic inspections of packaging and shipping practices;
(b)Periodic inspections of waste containers while in the custody of carriers; and
(c)Appropriate enforcement actions with respect to violations;
(2)Agrees that after receiving notification from a host state that a person in the party state has violated packaging, shipping or transportation requirements or regulations, it shall take appropriate action to ensure that violations do not recur. Appropriate action may include but is not limited to the requirement that a bond be posted by the violator to pay the cost of repackaging at the regional facility and the requirement that future shipments be inspected;
(3)May impose fees to recover the cost of the practices provided for in paragraphs (1) and (2) of this subsection;
(4)Shall maintain an inventory of all generators within the state that may have low-level waste to be managed at a regional facility; and
(5)May impose requirements or regulations more stringent than those required by this subsection.
(1)There will be, for the foreseeable future, sufficient demand to render operation of the proposed facility economically feasible without endangering the economic feasibility of operation of any other regional facility; and
(2)The facility will have sufficient capacity to serve the needs of the region for a reasonable period of years.
(1)Shall submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the board, including an annual report to be submitted by December 15;
(2)May assemble and make available to the governments of the party states and to the public through its members information concerning low-level waste management needs, technologies and problems;
(3)Shall keep a current inventory of all generators within the region, based upon information provided by the party states;
(4)Shall keep a current inventory of all regional facilities, including information on the size, capacity, location, specific wastes capable of being managed and the projected useful life of each regional facility;
(5)May keep a current inventory of all low-level waste facilities in the region, based upon information provided by the party states;
(6)Shall ascertain on a continuing basis the needs for regional facilities and capacity to manage each of the various classes of low-level waste;
(7)May develop a regional low-level waste management plan;
(8)May establish such advisory committees as it deems necessary for the purpose of advising the board on matters pertaining to the management of low-level waste;
(9)May contract as it deems appropriate to accomplish its duties and effectuate its powers, subject to its projected available resources; but no contract made by the board shall bind any party state;
(10)Shall make suggestions to appropriate officials of the party states to ensure that adequate emergency response programs are available for dealing with any exigency that might arise with respect to low-level waste transportation or management;
(11)Shall prepare contingency plans, with the cooperation and approval of the host state, for management of low-level waste in the event any regional facility should be closed;
(12)May examine all records of operators of regional facilities pertaining to operating costs, profits or the assessment or collection of any charge, fee or surcharge;
(13)Shall have the power to sue; and
(14)When authorized by unanimous vote of its members, may intervene as of right in any administrative or judicial proceeding involving low-level waste.
(1)The economic impact of the export of the waste on the regional facilities;
(2)The economic impact on the generator of refusing to permit the export of the waste; and
(3)The availability of a regional facility appropriate for the disposal of the waste involved.
(1)The impact of importing waste on the available capacity and projected life of the regional facilities;
(2)The economic impact on the regional facilities; and
(3)The availability of a regional facility appropriate for the disposal of the type of waste involved.
(1)The impact of allowing such management on the available capacity and projected life of the regional facilities;
(2)The availability of a facility appropriate for the disposal of the type of waste involved;
(3)The existence of transuranic elements in the waste; and
(4)The economic impact on the regional facilities.
Section 459.007 — Enactment; text.,