ML20034A610

Informs Commission of Status of State Legislative Activity in Reaction to NRC Proposed Exemption Policy

ML20034A610
Person / Time
Issue date:	04/18/1990
From:	Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:
References
TASK-PII, TASK-SE SECY-90-140, NUDOCS 9004230642
Download: ML20034A610 (100)

Text

{{#Wiki_filter:, ................. ~... ,....g RELEASED TO THE PL ? $$l9o f~ l; j d(ate 7 3 j................inf t#' s j POLICY ISSUE April 18, 1990 (Information) SECY-90-140 1 3 For: The Commissioners I From: Carlton Kammerer, Director State Programs Office of Governmental and Public Affairs

Subject:

STATUS OF STATE LEGISLATIVE ACTIVITY IN REACTION TO NRC PROPOSED EXEMPTION POLICY

Purpose:

To inform the Comission of the status of State and local legislation enacted or proposed in [ response to the Comission's Proposed Policy i Statement on Exemptions from Regulatory Control. 'y

Background:

Section 10 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240) directed the Nuclear Regulatory Comission to " establish 3 standards and procedures, pursuant to existing authority, and develop the technical capability for considering and acting upon petitions to exempt specific radioactive waste streams from regulation i by the Comission due to the presence of j radionuclides in such waste streams in sufficiently 1 low concentrations or quantities as to be below i3 regulatory concern." In compliance with the Act, the l. Commission in 1986 adopted a policy which established the standards and procedures that would permit the { Comission to act upon any such petitions. In j addition, the Comission issued an advance notice of i proposed statement on December 12, 1988 on the development of a broad policy on exemptions from regulatory control for practices whose health and safety impacts could be considered below regulatory li control (BRC). The Commission is currently considering a final Policy Statement on Exemption 4 from Regulatory Control. NOTE: TO BE MADE PUBLICLY AVAILABLE

Contact:

IN 10 WORKING DAYS FROM THE DATE Fred Combs, GPA/SP OF THIS PAPER Extension 20325

1 l i, l -. 1 1-The. Commissioners -2. k u n i l' Discussion: The Conference of Radiation Control, Program j i'- Directors.Inc.(CRCPD)supportstheestablishmentof-a national policy and rulemaking on exempting from l. regulatory control those practices whose public ) health and safety impacts are below regulatory l concern. The Organization of. Agreement States L . supports the-CRCPD position in principle.= The State. of Texas has adopted.a regulation for the disposal of certain short-lived radionuclides. A licensee may apply for a license amendment to dispose certain radionuclides in permitted land disposal facilities. I After the State has approved the licensee's . determination of the waste content and survey methods, V the license is amended to allow' disposal of the l requested short-lived radionuclides.- ] In addition, several States, such as Texas,-Louisiana and North Dakota have added iodine-125 to the. biomedical rule..The NRC's biomedical rule 10 CFR 20.306 allows for the disposal of certain specific-3 -waste streams containing 0.005 microcuries of tritium and carbon-14. These. States allow the same amount of' ~ iodine-125 to be disposed'without regard to its 4 activity. However, the possibility =that some waste streams may-be deemed appropriate for disposal in: sanitary landfills or other non-NRC or Agreement State licensed disposal facilities has raised concerns in some i States and at the: local level;in some areas. To i date, three States have enacted' legislation in i response to the BRC issue.- The State of Maine enactedlegislation-(Attachment 1).on_ June-26,1989 which requires radioactive waste from nuclear power plants to be stored or disposed in facilities licensed i by the NRC even if the NRC designates such material as below regulatory concern. The Commonwealth of Virginia approved a resolution:on~ February 22, 1990 (Attachment 2) which requests that Congress rescind Section 10 of the'Act and-asks.the NRC to. halt activities that will result.in deregulating radioactive waste and materials. The. Iowa legislature passed legislation (Attachment 3) which would bar a person from disposing, and sanitary landfills-from j accepting, BRC. The legislation focuses primarily on_ l y the_ siting of sanitary landfills, but was amended to. ine'lude this BRC restriction. The Governor'is expected to-sign the legislation. j a

l-The Cosmissioners 1 Other State legisletures such as. Vermont, Minnesota,. West Virginia, Delaware, Massachusetts, Connecticut-1 and New Hampshire are considering measures which-would require exempted material--to be disposed in a ~ licensed facility, prohibit such disposal-in!1andfills-or asks Congress to repeal Section 10 of the Low-Level Radioactive Weste Policy Amendments Act of 1985. The-1 Pennsylvania House Conservation Cosmittee recently. 1 reported legislation which~ includes a provision which L' requires the disposal of BRC' waste in a licensed facility within the-Commonwealth. The Massachusetts: ' legislature is considering-legislation which would-freeze the definition of low-level waste as of: January 1.1989 and prohibit the disposal of wastes-covered by this definition-in anything-other than-a licensed disposal facility. The States.of New . Hampshire West Virginia and Connecticut are l considering similar legislation which. freezes the l definition as ofEJanuary 1.1989. The Connecticut i House Committee of Environment has reported its bill 26-0.to the House floor. 1The Vermont legislation' requires disposal of radioactive waste or materials l. in a. licensed facility."whether or not that-radioactive waste or'those materials have been deregulated or declared exempt from regulatory L control by the federal Nuclear Regulatory CommissionL h or the Environmental Protection Agency,)or by other . federal or state agencies."' The Minnesota legislature is considering two bills. The House bill requires the disposal-of BRC in a. licensed facility. The House bill also states thatithe pending action by the NRC "means the State must establish an additional radiation monitoring system to-protect the public interest and the environment." The bill cites the " environmental-risks and economics costs" as a basis for State action. The House bill is stalled in the Rules Comittee and is unlikely1to be acted upon.. before adjournment. The Senate bill was approved-62-0..The bill prohibits. disposal'of-BRC except at.a licensed low-level waste disposal facility. The bill L also-establishes an. Advisory Task Force.on Radioactive E Waste Deregulation that will complete a cost-benefit analysis by January 1,1992. Copies of the New Hampshire, Vermont, Massachusetts, Connecticut, West Pennsylvania, and Minnesota bills are Virginia,(Attachment 4). -F' attached

c. l: The Commissioners- - !] Local governments have passed similar' measures to li prohibit disposal of exempted material in local sanitary landfills. ' Counties and municipal governments in California, Ohio, New York. Massachusetts and Michigan have adopted resolutions-or ordnances which ban disposal of BRC waste-in landfills.. Attached as Attachment 5 are examples of local actions from Santa Cruz County, California, and-Monroe County, Michigan. Also included is'a-resolution which -is'being considered by the City of' Oakland. It has been reported that at-least twenty municipalities in Massachusetts have adopted bans on the disposal-of BRC in : landfills.-

== Conclusion:== -The Commission should expect-to see more of this, State and. local legislative activity, particularly once it adopts-a final policy on exemptions from; regulatory control. We will periodically updateLthe Commission-on' State and local legislative activity in, the State Programs Monthly Report and in-separate memoranda, as appropriate.--- MW riton Kammerer,; Director State Programs Office of Governmental and-Public Affairs Attachments: 1. Maine Law s 2. Virginia Resolution 3. Iowa Bill 4. Other State Bills 5. Local Laws t 3 DISTRIBUTION: Conunissioners OGC OIG 3 g. LSS ~ GPA IUSGIONAL OFFICES EDO 1 -ACRS t ACNW ASLBP ASIJ@ SECY 4 I I l

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t.,., APPROVED CHAPTER 'Jull26 '89 46.1 ~ , ;.m ,7 ,j- ' BY00W.RNOR ' pyguo LAW l1: STATE OF MAINE ) 'n ? r IN THE YEAR OF OUR LORD ,] NINETEEN HUNDRED AND EIGHTY NINE. J ~ H.P. 1141.

L;D. 1584 3

- An Act to Protect the People of Maine from Exposure to Radioactive. Waste Be it enacted by the People of the State of Maine as follows:- Sec.1. 38.MRSA (1451, sub-{11, as. enacted by PL 1983,. c. 381,'$9, is amended to read: r 11. Low-level radioactive waste. ' " Low ' level radioactive-waste" means radioactive material .that is' - not .high-level radioactive

waste, spent _. nucle a r. fuel, transuranic waste or by-product material, as defined in the United States Code, Title 42, Section 2014 (e)(2), _ the Atomic Energy Act. of 1954, Section ll(e)(2);

and that the United States: Nuclear Regulatory. Commission, consistent with existing law, classifies - 'as -low-level radioactive waste. Low-level -radioactive wasta: alse' includes any radioactive material that is annarated ' throuch the oroduction = of .) nuclear oower and that the United States-Nuclear Raoulatorv Commission classified as low-level radioactive waste as of Januarv 1. 1989. hut which mav-be classifind2 as below reculatorv ~ concern after that date. Sec.2. 38 MRSA 51483 is enacted to read: l, E1483. Reaulation of disconal or storace of low-level I radioactive waste classified by the Nuclear-Reculatorv' Co===i ssion as below reaulatory concern To the extent normitted under federal law.- no low-level radioactive waste annarated throuch the oroduction-of nuclear. j oower that the United States Nuclear Reculatory Commission classified as lew-level radioactive waste as~of January 1. 1989. I l l l l' l 1-1080(4) ATTACHMENT 1 J w- --*1rr e r= or 'w e w 9---evw-e e-w -rww-- e ,evpww'-a=e w =

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l but which may be classified as below ' reaulatory concern after l that date, may _be-stored or diseased of in this S t ue at other { i than a low-level radioactive waste storace or disocsal facility li licensed by the Nuclear Raoulatory Commission, exceot as-carmitted under federal law an of Januarv -1. 1989. Unless reouired under federal

law, the State does not assume l

renconsibility or ownershio over these wastes by retaininc iurisdiction over their storace and diseosal. Sec.3. 38 MRSA (1503, sub.65, as. enacted by PL 1987, c. 530, S4, is amended-to read: 5. Low-level radioactive waste.. " Low-level radioactive-kaste" means radioactive-material that is not high-level radioactive

waste, spent-nuclear

fuel, transuranic waste-or o

l by-product material, as defined in=the United States Code, Title 42,'Section 2014(e)(2), the United States Atomic Energy Act' of

1954, Section 11 (e)(2),

and that the Lunited States Nuclear Regulatory Commission, consistent with. existing ~ law, classifies as low-level rJdioactive waste. Low-level radioactive waste also j includes any radioactive material annarated throuch the oroduction of nuclear tower that the-United States Nuclear Reculatory Commission classified as-low-level radioactive waste. Ag o f January 1.

1989, but which may be classified as below reaulatory concern after that date.

{. I l l 1 2-1080(4)

19M SESSI2N; 1 L.u t-HOUSE JOINT RESOLUTION NO,185 - L ~3 Offered Jenaary 23, 1980 - ' S MemorieHaing Congenen ed the Nueteer JtaquSetery Commission to reecid elaps tahon to 1 4 derwoulate Jew 4enel renNeeettve 'uonne. 3 -3 e Patma4rayson c. 8 Referred to the Committee en Conservation and Natural Resources g-le-WHEREAS,:the United States Congress and the United. States' Nucleari RegulatoryL l - 11 Commise6en (NRC) have approved the concept of deregulatin; heretofore radioactive waste q l 12 to the status of aparsdlesetive waste (weste "Below Regulatt# Csacern," BRC); and. is . WHEREAS, such -deregulated radioactive waste-will goiw sandfills, sewers,locinerators : 14 and any other. facilities for solid, alquid or hasardous waste, which are neither designed nor-18 latended to take radionettve weste; and le WHEREAS,Lderoplated radioactive meteriale could be recycled and contaminate rew' 1 17 materials and' consumer products; and 1 14 WNEREAS, it has been estimated that.more than 30 percent of the volume of what is; 19 currently. considered "lowlevel" radioactive waste could be deregulated by-the U.- 5. NRC:'.1 W eM s i II - WNEREAs, evidence is growing that exposure to low 4evels of lenising radiation have-33 greater' negative heefth effects than previously assumed by national and.laternational 23 agencies; and 34 ' WHEREAS,'rediation and chemicals have synergistic effects on the environment and: 38 human heelth and such exposures to both may resn!t from deregulation of nuclear waste; 30 now, therefore, be it !?. RESOLVED by Ihe House of z Delegates, the Senate concurring, That-the General .{ 38 Amembly of Virginia hereby memortalizes the Congress of the United $tates to rescind-29 Section 10 of the t985 Low Level Radioactive Waste Polley Amendments Act which q 30 requires the Nuclear Regulatory Commission to set SRC standards; and, be itl l L 81 RESOLVED FURTHER, That the Virginiaz General Assembly : requests ' the Nuclear i L 3 Regulatory Commission to han activities that will result la deregulating radionettve waste ~1 38 and materials; and, he it i 34 RESOLVED FINALLY, That the Clerk of the House of Delegates transmit copies of this as resolution to the Spesker of the United States House of Representatives, the President of 38 the Senate of the United States, the members of the Virginia delegation to' the United 37 States Congress, and the Chairman of the Nuclear Regulatory Commission that they may be as apprised of the sense of the 04aeral Assembly in tble matter. 86 40 41 48a g Official Use By Clerks 4g Agreed to By 4, The Neuse of Delegates Ayeed to By The seaste 47 without amerndment O without amendment O 48 with amendment O with amendment -O~ sutstitute O substitute a L 48 sututitute w/smdt O substitute w/smdt O 84 51 Date: Date: 53 88 Clerk of the House of Delegates Clerk of the Senate ATTACHMENT ee w ese e.ee ces w wm om m et essuevie ....-,-.4 ,.n.. + ,-..-.-.e.- ...--.w.-*.-. . s-- .-m m

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ENVIRONMENTAL PROTECTION H (SUCCESSOR TO HF.2327) 'l r j (As Amended and Passed by the House, February-27,_1990). Passed House,_ Date Passed Senate, Date Vote: Ayes Nays Vote:- Ayes Nays Approved i j A DILL FOR l 1 An Act relating __to sanitary disposal projects. 2 BE IT EMACTED BY THE' GENERAL ASSEf1DLY OF THE STATE OF'IONA: '3 4 . House: Amendments i L 5 6 7 l. 8 k 9 l 10 e }.l 11 hj - 12 1 13 9-

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,w ...--,w w- .g [.. s.r.. n.r. DCBf a h ?) ]- 1 Section.1. NEW - S ECTION.' 455B.305A LOCAL APPROVAL OF-L[ 2: SANITARY DISPOSAL PROJECTS. []r ; \\ 3 1. Prior to the siting of a proposed sanitary disposal 4 project, a city, county, Eor private-agency: shall submit a ~ S request for local siting approval'to the city council;or-6 county board of supervisors which governs the city or county-7 in which the proposed site.is to beLlocated; The city council i 8 or county board.of supervisors shall approveLor disapprove:the - l 9 site for each sanitary-disposal project.. 10 2.. An applicant-for siting' approval shall submit [ 11 information to the city council or county _ board of supervisors ] 12 to demonstrate compliance with the requirements prescribed by t 13 this chapter.regarding a'canitary disposal project, and. local 14 siting approval shall be-granted'only if the proposed project 15 meets all of the-following criteria: 16-

a..The project is necessary to accommodate the solid waste l

17 management needs of the area which the project 11s intended'to 18 serve. 19 b. The project-1s_desige.ed, located,-and proposed 1to be 20 operated so that the public health, safety, and welfare will 21 be protected. L' 22 c. The project is located so as to: minimize 23 incompatibility with the character of the' surrounding area and 24 to minimize the effect.on.the value of the surrounding 25 property. 26 d. The project is located outside the boundary of the one 27 hundred year flood plain or the site is flood proofed. 20 e. The plan of operations for the project is. designed to 29 minimize the danger to the surrounding area from fire, spills, 30 or other operational accidents. h 31 f. The traffic patterns to or from the project are 32 designed in order to minimize the impact on existing traffic 33 flows. 34 g. Information regarding the previous operating experience 35 and previous record of convictions or admissions of violations J. = cs.e a ff' -m. ,..__.m.

.. ;;.. spg:.es;.....w;., c:c; 4, ;g.3 :-- ~.. n S.7,- N,F, U 1 46 Y. h 1 of a-private agency applicant and'its subsidiaries or parent 2 corporation in the area of solid waste management are made 3 available to the city council or county board of supervisors, fy 4 3. No later than fourteen days prior to.a request for 1 5 siting approval, the applicant shall cause written notice of 1 6.the request to be served either in person or.bytrestricted y _7 certified mail on the owners of all-property within the~- l 4 h 8 proposed local site area not solely owned.by~the applicant, 9 and on the owners of all property within one thousan'd feet _in 10 each direction of the lot-line of the proposed local site-i 11 property if the proposed local site is within the city limits, 12 or within two miles in each direction of the lot line of the-t 13 proposed local site property if the proposed local site is 14 outside of the city limits. The owners shall be identified 15 based upon the authentic tax records of the county in which 16 the project is to be located. The number 'of: all feet occupied 17 by public roads, streets,. alleys, and other public property 18 shall be excluded in computing the feet requirement. b 19 Written notice shall also be served either in person or by 20 restricted certified mail upon members.of thergeneral assembly j 21 from the legislative district in which the proposed project is ] 22 to bo located and shall be published in a--newspaper of' general } 23 circulation published in the county in which the site is j 24 located. The notice shall state the name and address of the j 25 applicant, the location of.the proposed site,;the nature and 1 26 size of the development, the nature of the activity proposed, h 27 the probable life of the proposed activity, the date when the-4' 28 request for site approval will be submitted, and a description i 29 of the right of persons to comment.on the request. 30 4. An applicant shall file a copy of.Its request.with the 31 city council or the county board of supervisors in which the 32 proposed site is located. The request shall include the 33 substance of the applicant's proposal-and all documents, if 34 any, submitted as of that date to the department pertaining to 35 the proposed project. All documents or other materials,. a ~. ~ ,m_______-a . < _m..__ _ _,, ...m

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y,, '8.t. K.F. A $.8 { i 1 ) 1 pertaining to the proposediprojecti on file with the city '2 council or county board of supervisors shall be-made avaliable >L 3 for public inspection at the office of the city council or i '4 county board of supervisors and may be copied upon payment of 5 the actual cost of reproduction. 6 Any person may file written comment with the. city counci1= 7 or county board of supervisors concerning the appropriateness. 8 of the proposed site for Its ' intend'd purpose. The city e' -9 councl1 or county board of supervisors'shall consider any 10 comment received or postmarked not later than thirty l days-11 after'the date of the last public= hearing.. 12

5..At least'one public hearing shall be held'by'the c}ty j

13 council or county board of supervisors no~ sooner than ninety: 14 days but no later'than one hundred twenty days from receipt of 15 the request for siting-approval. A hearing =shall-be preceded 16 by published notice in a newspaper of general circulation 17 published'in the county of the proposed site, and notice by 18 restricted certified mail to all members of the general' 19 assembly from the district in which_the proposed site is to be 20 located and to the~~ department. The public hearing shall 21 develop a record sufficient.to form the basis of an appeal.of 22 the decision in accordance with'section 455B.305B. 23 6. Decisions of the city council or the county. board of 24 sup':rvisors shall be in writing,'specifying the reasons for 25 the decision in conformance with subsection 1.- In granting 26 approval for a site, the city council or-the county board'of 27 supervisors may impose ~ conditions which are reasonable and-28 necessary to accomplish the purposes of this section. The 29 written decision of the city council or the county board,of i 30 supervisors shall be available for public inspection at the 31 office of the city council or county: board of supervisors and 32 any be copied upon payment of the actual cost of reproduction. 33 If final action is not taken by the city council or the county 34 board of supervisors within one hundred eighty days after the 35 filing of the request for site approval, the request is < l P

=- - .n... ... v..w 4 q a S.F. H.P. ~ Afj( 1 approved.- j 1 ] 2 ~At any time prior to completion ~by the applicant of the 4 3 presentation of the: applicant's factual evidence and an y 4 opportunity for questioning by the; city council or theicounty 5 board of supervisors and members of the public, the applicant 6 may file not more than one. amended-application upon payment of. i 7 additional fees pursuant to subsection 9. The time limitation (I 8 for final action on an amended application shall be. extended-9 for an additional ninety days. \\ 10 7.. A local siting' approval granted under this section, 11 shall expire at the end of two; calendar years from the:date 12-upon which it was granted. If the local siting decision is 13 appealed, the two year period-shall begin on the date upon 14 which the appeal process is concluded, The local siting approval, criteria, and appeal j 15 8. 16 procedures provided for in this section'and in section 17 455D.3058 are the exclusive siting procedures and appeal-IS procedures. Local soning or: other local landLuse requirements 19 shall not be applicable to such siting decisions' 20 9. A city council or a county board of supervisors may 21 charge an applicant for siting approval, under'this section j 22 fee to cover the reasonable and necessary costs incurred by ,a q 23 the city or county in the siting' approval process. 24 10. An applicant shall not file a request for local siting 25 approval which is substantially the'same as a request which 26 was denied within the preceding two years pursuant to a 27 finding against the applicant under the established criteria 28 Sec. 2. NEW SECTION. 455B.305B APPEAL FROM DEC'ISION. 29 1. If the city council-or the county board of supervisors 30 does not approve a siting request under section 455B.305A 31 applicant, within thirty-five days of notice of the decision , the. 32 may petition ~for a hearing before the commission to contest 33 the decision. The commission shall publish notice of the 34 hearing on the appeal twenty-one days prior to the hearing in la 35 a newspaper of general circulation published in that county i I 4

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-.= l ]_ 1.The city council or the county board of supervisors shall 1. 2 appear as respondent in the hearing, and. the hearing 'shall be j lA .3 based exclusively on the record before the city council'or the R q. 4 county board of supervisors. - At the: hearing, the~ burden of H. 5 proof shall be on the petitioner.- However, no. additional. '6 evidence in support of or in opposition to any finding, order,. 7-7 determination,.or decision of the city council-or.the county }( -8 board of-supervisors shall be-heard-by' the commission. In '{ 9 making its orders and determinations under this section, the-10 commission shall consider the written decision and: reasons for 11 the decision of'the city-council or the-county-board of 12 supervisors, the~ transcribed-record of theLhearing held- ~ 13 pursuant to section 455B.305A,'and the fundamental fairness of 14_the procedures-used by the city council or.the county. board of 15-supervisors in reaching its decision. The commission shall 16 transmit a-copy of its decision to the office of-the city 17 council or the county board of supervisors'where it.shall be 18 available for public -inspection and copied upon payment of the 19 actual cost of reproduction. If final action is not taken by: 20 the commission within one hundred twenty days,:the siting [ 21 ruling is affirmed. 22 2. If the city council or the county board of supervisors 23 grants approval under section 455B.305A, a. third party other-24 than the applicant who participated in the public hearing. 25 conducted by the city council or'the county board of 26 supervisors, may petition the commission within thirty-five 27 days of filing of the written decision at the office of the 28 city council or-county board of supervisors for.a hearing to 29 contest the approval. Unless the commission determines that 30 the petition is duplicitous or frivolous, the commission shall 31 hear the petition in accordance with the procedures of 32 subsection 1. The hearing shall be based exclusively,on the 33 record'before the city council or the county board of 34 supervisors. The burden of proof shall be on the petitioner, 35 and the city council or the county board of supervisors and e ~5-h ,}

_, _ _ _ _..,. - _ 7

7. _ _ _

_.,,773 l s.r. n.r. A 4 ~ 3 an* .j o 1 1 the applicant shall be named as corespondents. 3 2 The commission shall-transmit a copy of its decision t'o the i j 3 ' office of t^ e' city council or L the county; board of supervisors n 4 where it shall be available for public inspection and may be. l 5 copied upon payment of the actual cost.of_ reproduction. h 6 3. Any person who flies a petition to contest a decision 7 of.the city council-or.the county' board of supervisors shall 8 pay a filing fee. l ~ 9 4. Judicial review may be sought of actions,of-the 10 commission in accordance with chapter 17A. 11 Sec. 3. NEW SECTION. 455B;315 RADIOACTIVE MATERIALS -- 12 PROHIBITED DEPOSIT IN SANITARY LANDFILL. ~ 13' A person shall not dispose of, and a' sanitary landfill; 14 shall not accept for final disposal,' radioactive materials, as 15 defined pursuant tc section 136C.1, on January 1, 1990.'- ~ 16 Sec. 4..- MORATORIUM -- COMMERCIAL' INFECTIOUS WASTE-17 INCINERATORS.- 10 The department of natural-resources shall not grant a 19 permit for the construction or operation of a commercial + 20-infectious waste incinerator prior to' July-l', 1991. 21 22 23 24 25 26 27 28-29 30 31 32 33 34 35 HP 2534 6-pf/pk/25 m t n- - -. -,-.. -<. -, - -,. - -... n -.a .-n ,,n,.----,-,-. ww.-,,',,3v,-- .-a-a,-,

,q-y wwcv 6 g;to L " ~ apse m 40M5 i !i 9D-8132 aguss 32&& 30. gy- /,269 F [ t. r i'. + 1 N sts E111rberough Dist. 17 Rep. Amneses of Orsiten st Rep. hs of ermiten Est. it REFERRED TO: Selenos, Teeknology and Ensegy i 'AN ACT reistive to the - storage, and ~ dispose 1 of -tow-tov sestes. 1 ANALTels-the-bill. clarifies the low-level. radioactive weste which thdefiattion: and -disposal requirements.. for s designate as "below regulatory concere"e Weeleer_ Segulatory causissic i i EXPJAMAT!Wt Matter added appears in es3d A442 der. Matter removed' appears te (brechets). Matter which Le appears La regular type.-repealed and-reemasted or all new. j t ( l. c. ATTACHMENT 4

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40Ma ~ '/ L 4 -,. - / 90-8133-OF 58 1809-FM y STAft OF NEW EAMPSRIRE: .In the year of 0er lord one thousand b eine.hundred and ninety F AN ACT L A relative to the'sterage and disposal'of lew-level i l- < radioactive wastee. Se it Inasted by the Senate and Rouse of Represea. tatives.in General Court eenvenedt a 1 -1 14w-level Radioactive Westei. Definition., RSA 118-F 3. 2 is' repeated 3 1 ^ 1 and reenacted ta= read as follows: 7 4 3 1. tew-leve1~ radioactive waste" ~asans radionetive asterial: that is-4 mot high-level radioactive waste, spent nuclear fus1'..' trasseramic wasta or. ; 41 5 by-produet material. 'as defined in. the: Detted. States. Code, Title 42, 6 Seetion 2014(e)(2), the Atomic ' Energy Act of zitS4.' Seeties 11(e)(3)I and F that the United states Nuclear Regulatory Commission elassifies j I 8 low-level radioactive waste. Low-level radioactive waste.also' includes-9 radioactive material. that the United states Nuclear Regulatory.-Commission f to classified as low-level radioactive waste as _of January 1,.1989. Aut-which i 11 m pa_staaeWise as ha}ow resulatory eencern af ter that dete. Low-level l 11 radiomative wasto does not. include waste which reasini

• a' federal 13 responsibility, as designated in section 3(b) of the Imw= Level' Radioactive 14 waste Policy Act, et U.S.C. 2021c(b), as amended.

13 1 New Sections Dispoesi of Zew-level Radioactive Westet Selow. 14 Regulatory concern Desir ition. Amend as4 115-F by insert /ng after saction ~ 17 19.the fe11 ewing'aev so.cion: i' 18 123=Ft19-a Disposal sad storaset Below Regulatory Coseera" tow-level

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== 'as laot-rw t -S= L i tediesettve Waste. .c 1 No radioactive was*:e or radioactive-materials generated by any ~ ~3 goverrunent agency or pursuant to a government contract er license shall be 4 treated, recycled, stored er dispeaed of in this state easept~at a faciaity with a specif te 11eense for: treetaant,- recycling,. storage = or disposal of i 6 radioactive wasto or rediosetive-saterials :whether er not such radioactive F wastes or radioactive, materials have ' been - reclassifled ' as. below ; regulatory 8 declared: esempt from - regulatory control by - the U.S. Nuclear concern or 9 Regulatory Commission, the U.S. Environmenta1' Protection Agency. tho' O.S. 10 neportment of Energy, or any.other federal'agemey, i 11 All radioective waste or. radioactive ' materials generated in this. j 11-state by any government agency or pursuant - to a government contract-or license shall be treated, recycled,- stored er disposed of at a facility 14 with a specific license for treatment, recycling, storage or disposal of 15 radioactive waste or radioactive. materials whether or not.such radioactive 16 waste or radioactive materials have been reclassified me below-regulatory 17 concern or declared exempt from. regulatory control - by the U.g. Nuclear it hesuistory comunission, the U.S. Environmental Protection Agency, the U.S. 19 Department of Energy, or any other federal'asener. 20 3 Effective Date. This act sha*11 take effect 40 days after its passage. 11 12 21 in / l l lU1 ,l f

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'I - FISCAL 18tPACT: The ' Division - of Public ' Neal th : Services - indicates this bill-will decrease atate revenues by(- $10,000 in ' FT '1991. and each, year-thereafter. N re will' be no impact en-state expenditures, nor on county or loost revenues or espeeditures. IEET50DOLOGT The state will lose revenues because theiU.S. Nuclear: toergy conoission sow will - license. = same - facilities. presently licensed by the state. The Division estimatessthe loss to be - 100 licenses at $100 per license, or $10,000 anaus11y. l l j s e' [3 ? n .--..,..--,-s

f.f. ~ ~ - ~ TZ f .m A. 0 .. 6, .1990 (00678). 1 Page 1. e 1 -i E.867-j 2 Introduced by Aepresentatives Seibert of Noretok, Sassett of i t ,3 terlington, Emmons of springfield, Linselbeek of t I 4 thetford, secomenek of Rottend City, O' Bries of stowe i 5-and Yassell of Colebestet i i 6' Referred to connittee se .t 7 Detet S Subjects Osseervettest health; rediesetive weste 4 9 Statement of purysses 'this bill propeees to protect tire human 10 bealth and naturst resources by requiring that radicactive esote and i .j =11 redienctive asterlate from licensed facilities any only be treated, 11 recycled etored or disposed of at licensed facilities. t 1 i 13 AN ACT REIATING TO THE SCOPE OF STATI REQUIATI(Ni OVER 14 RADIQACTIVE MATERIA 1.8 ..t -15 It is hereby enacted by the General Assembly of the State of Vermoott 16 Sec.~ 1. 10 V.8.A. $ 6507 in added to read i' 47 a tant menom or nun menertmtm ne ninraas1.. ::awniase aun 18 M&gIE {$ b padIAant4w..de.9a or endlmamDIga mtarIal. - -- pe D mJ lhW Mt t 20 man,w or name.aama, to. r._---- D ---beamt.e 14.- - 11 .k.11 h. tr.. .a. _ stad. ...,.a , as.-- > or ,a.. E ~ e s b q.

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l 'H, .JAN,23 'ge 17 18 HRCLKING 0F PRUSSIAk2-PS2. ( ': L' St&& As Isr#E00pOED ,j-1990 (18448) . 3 34 'y Page ,il': 1 8.344 lJil A letrodseed by seester needy of Addiese teety: ,4 i ;- 3 toferred to esuetttee'en- ~ 4 astet. S 8mbjoett M r..tieel healths redicestive weete l-;j 4 statammet'et purgese. this bill' proposes to protest.'the huese F bes1th and entussa resources by requiries that radieestive;ess 9 eedienstive motoriale free Iteensed feettittee'any sety be tree ~ 9 roepeled etored er eispeeed of et lieassed facilities. 9 i 10 All ACT BERATING 10158 SCOPS OF STATE A8051ATION ptB 11 4 R&BIMcTITE It&TRIAta-it. It is herebF eteehod by the Generen Assembly of the.' State of Ve: 13 See.1. - 10 V.S.A. $ 6807 se added to reedt: gg - a asas. ennen ny messe --- Aerm er ****e" --- a naventAim =____ gg m. a_-. a .. _ me a. .m.4.i. ; --- - -.-a h. gp ~e.. - =.,- -- --- e.. - ---.-e-= ., 34-13 -' - i s h. ..a. === t.a ... a., a a.-- '.e - =. .m. g, sa- - -> e aia... - J .m..'- --- *4 -i...'. -- .e gg 6-=aata b'---'---_-t**=J an d.*1. d -- fe rt.km gg -- n t he ah. e-' --I m-i .---t.-- l. e..a .,eh.; gg e.wl-- k.1 b e=*eam. A- ..e h. me k.. e ^ ^. 1.e.t.km U P-e e i.

ai a. = m==' "o"..-.. ^ @. 712 ' P882 s L L . HOUSE .. No. 1702 \\ By Mr. Angelo of Sa members of the Os on of Stews.Angelo and osber for legisistloa to environment ensuring the r disposalof10 radioastin. be waste. Natural uress urs. ] g tanu mamemenig gg m ammagnansan la the Year One Thousand Nias Needeed and Ninety. AN ACT TO Pa0TECT THE aMVinoNhlaNT TlenoUoW psUnme Til8 P a otspeaAt oP t.ow.1.aval, nActoncTtyt wAsft. L i L Court enembord, and by the authority Wshe same 1 i SECTION 1. Scotion I of Chapter tilH of the General La ' L 3 inserting the following paragraph: -.2 is hereby ame 4 . Low level radioactive waste, radioactive material that is not i 6 c4 by procuet material, as defined in the Unite 7 42, Section 20I4(e)(2), the Atomic Energy Act of 1954 Section; 9 Commission classifies as low level radioactiw 10 radioactive waste also includes any radioactiw material that the 11 United States Nuclear Regulatory Conunission classified as low l 13 classified as below regulatory concern aAar t 14 radioactive waste does not include waste which rem 15 responsibility, as designated la section 3(b) of the 14w IAvel ' 3 16 Radioactive Waste Policy Act, as in effect as of the effectin date i 17 of this chapter.as amended,42 USC Section 202ia(b)." I, M 06. I 2 Laws is hereby amended by inserting, after th .f !. SAG 33;j 3 thefollowingparagraphs:- 1 t '.8 ' s A. I i i f l 2, i \\ _.{ . - - -. - - -. ~..

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• .4

. i; ( 2 HOUSE - No. IN3 ' (Jassary1193)_ s [ 4 "No radioactiw waste or radiomatiw meterials generated byaay i 4 $ gowmment agency or pursnaat to a gowrament ooetreet or-j. 6 license shan be treated, recycled, esored or disposed of talthe 7 Commonwealth oncept at a familky with a speelSe lisened for - 8 treatment, recycling, storage or disposal of radioastiw weels or i. L 9 radioactiw materials whether or not each radioastive wasis or - t 10 materials have been reclassified as below regulatory consora or. il declared exempt from regulatory sentrol by the U.S. Nedser-12 Regulatory Commission, the U.S.L Enviroceestal Protestion

13 Agency, the Department of Energy, or other federal agency.

14: "All radioactin waste or radioactiw materials generated in the 15 Commonwealth by any sowrament ageasy or pursuant to a '16 government contract or license shau be treated, recycled, espred 17 or disposed of at a facility with a specine license for trestawat,' 18 recycling, storage or disposal of radioastin waste or radioastive 19 materials whether or not such radioactin waste or saaterials have 20 been reclassified as below regulatory ocacern or declared ensept j 21 from regulatory control by the U.S.- Nuclear Regulatory 22 Commission, the U.S. Environmerital Protestion Assacyl the 23 Department of Energy, or other federal agmcy." i, - t 1' F 6I:Id 9.- I le s,- y l This Deemmens Nas asma rMeted on test tesydes sages. 1, I{. 1 J; ] e l a h 0

. 2pp

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~ ' ^ ~ ~ * * " " ~~ . F.' f %y Fils N9 140 substitute seuse 3111 No. 5605 .i h' h 884#8 House o entatives souse of Representatives, Narch 28,hrough RE 1990.. The Ceamittee on Environment reported t NUSEINSKY, Slth DIST., Choiraan of the Committee on the part of the nouse, that the substitute bill ought to pass. AN ACT CONCERNING LON-LEVEL. RADICACTIVE WASTE

01sposAL, S

S se it enacted. by the senate and Nouse.of mopresentatives in General Assembly eenvenedt-l 1 section 1. postion-22a-163a of the general a statutes is repealed and the following is L 3 substituted in lieu thereof l 4-As used in sections-324-163 to 22a-162u, 5 inclusive A t 'ND SECTIONS 2 AND 3 0F TW18 ACT 6 (1) Commission. means: the Northeast 7 Interstate Low-level Radiosotive Neste 8 established under section 22a-161. Commission 9 (2) .10 environmental protection.'Ceamissioner" metas the comela 11 (3)

• Cona.vtt uk bas 13 established under ervice' ereous waste management 12 service" or

's means: .the service section 22a-124bb. - 14 (4) ' Council' asans the 15 Connecticut siti membership of the 16 section 16-50j, ng. osunci1~ - establishoe under 17 (b) and'(c) of said-section and sectionsfor' proceedings u 18 and 22a-1342i and 23a-163 to -225-163u, laclusive224-124ee 9 9 20 and public safety or their designees, five-m 21 appointed by the governor and one designee each of 22 the speaker of the house of representatives and 04.04,90 04:02 FM F??

~.. ~ ~~ ~~~ ~ ~~ CC W 2 File No. 140 23 president pro tempore of the senate. 24 (5) " Custodial agency' means the otato agency 25 designated as owner of the regional low-level 26 radioactive waste facility. A 27 (6) ' Development and senagement" means a plan 5 ) 28 required at the council's discretion, prepared by 29 the certificate holder in conjunction with council 30 staff, specifying how project construction will 31 comply with sating orders issued by the council. 32 (7) " Institution" means a scientific, 33 educational or health care organisation that 34 generates low-level radioactive waste. ( 35 (8) " Institutional controla means the 36 continued observation, monitoring and.eart of the 37 regional low-level radioactive waste facility l 38 following transfer of control of the regional 39 facility from the operator to the custodial 40 agency. 41 (9) " Low-level radioactive waste" means 42 radioactive material that (A) is neither 43 high-level waste nor transuranic waste, nor spent 44 nuclear fuel, nor by-product material, as defined 40 la seutivu 11e (2) of the Atomic snergy Act or 46 1954, as amended; and (8) is classified by the 47 United States Nuclear Regulatory Commission or l 48 otherwise by the federal government as low-level 49 radioactive

waste, consistent with existing lav, l

50 but does not include waste generated as a result 51 of atomie energy defense activities of the federa) 52 government as defined in P.L. 96-573, or federa) 53 research and development activities. $4 (10) " Person" means an individual, i 55 corporation, business enterprise or other legal 56 entity, either public or private, and its legal 57 successors. I 58 (11) " Regional low-level radioactive waste 59 faellity" or " low level radioactive waste 60 feuility' or " waste facility" means a tacality 61 located in or to be located in Connecticut, 62 including the land with any buffer

sone, 63 buildings, equipment and improvements used or 64 developed for the treatment, storage or disposal 65 of the low-level rectoactive wastes generated 66 within the states to the northeast 67 Interstate low, party level radioactive waste compact as & l 68 authorised by the commission.

Wl i 69 (12) " Waste management' or " management' meana 70 the stora9e, treatment or disposal of low-level

,e4 e4/se'- 10:09 fftC.RI _ DOCKET ROOM .NO.623 P905 1 . = ' File No.: 140 3 i i 71 radioactive waste.. ene 72 sec. 2. >(NSN) Low-level. radioactive waste OV' 73 shall include any radioactive material which the Plan ~74 United. states Mustear Regulatory Consission i i b 75-reclassifies as below re latory concern if such 78 material was elessifie as:1ow-level radiosetive inci will 77,,,g,.on or-before Januar -1, 1989. 74 sec. 3. (New) To he extent allowed under (1

• 79 federal law,-

waste classified as-low-level 'fI 40 radioactive vaste by the United States Nuoleer, that 41 Re ulator Ceamission on -er before January 1, the 82 19 9, e all 'be stored or die sed of.et a i the 83 low-level radioactive.weste facili y licensed b . lit As-the muelear Regulatory coastesten er en'Agreeman $$ state, regardless of any'seclassification of such-j"501 A6-material as belowreguietoryeeneera.Nothinbin 87 this-section shall be construed-to p a the United states nu lear rohibi .s ucensee on 89 Commission or an Agreement State from.ulato y e starin 90 short lived radioactive -m6Legisis for decay an Q 91_ disposal by conventional.means provided this 92 rectice .is .specifically authorised in such. t of tho 83

• • 11 AIY' 8 li#8b

{'01 g g n or 94 STATEMENT OF LEGIsLATIVs'COMMIS$20NERst In section ,ff 95 2 "classities" was changed-to. ' reclassifies" for eral 9e consistency. and. in section 3 "his license" was eral 97 changed to "such facility's license" for accuracy. l g 98 Committee Vote: Yea 26 May 0 egal egal noto este .i ty fut, sno, i or isal ited

• 00 %"O 9

ons vel-t

~ ~ ~ ~ ~ ~ edo.v h ~ ~ is oc % m Dhdi w ~ %. 62 1 Pae6 i 4 rile No. 140 .. e e e 'THE POLLOWING FISCAL IMPACT STATEMENT AND BILL ANALYSIS ARE PREPARED FOR THE BENEFIT OF MEM88R8 OF THE GENERAL A88EMBLY, SOLELY FOR PVRPQ$58 QT INFORMAT10N, $UMMARI8ATION AND EXPLANATION AND DO NOT REPRESENT TNI INTENT OF THE GENERAL A88EMBLY OR RITNBR MOUSE TNER80F FOR ANY PURPOSE." l e e e e e FISCAL IMPACT STATEMENT - BILL NUMBER EBB 5605 CTATE IMPACT see vaplanation below MUNICIPAL IMPACT See explanation below 8 TATE AGENCY (S) EXPLANATION OF E871 MATES: l C@ ATE AND MUNICIPAL EMPA89. Br **99151uy shot materiaa classirled as low level radloactive waste (LLW) Oh January 1, 1989 by the rederal Nuclear Regulatory Commission remain classified as

such, and not potentially reclassified as below regulatory

concern, IBRC), the Arnre and municipalitiec as ratepayers of nuclear energy and the arare as the operater of hospitals swuld be impacked sinee it costo mute to dispose waste at a low level radioactive waste facility than at a

landfill or incinerator. Without this legislation, it is possible that part of the waste stream could be classified as BRC and sent to incinerators or landfillc. However, LLW facilitie6 have fixed costs so if the volume nf wasts decreases, the cost pet cubic foot will increase offsetting potentini savings that could have resulted from disposing the waste elsewhere. The amount of waste that could be classified as BRC is not known at this time. m m

._ - _-__ - _ -- _CD3_ - _ _ _ _ _ _ _ _ _ _ - _ - ~ ___ e4 804#Je 1C:00 ' PT)C DJ DOCKCT A00M HO NXr? t .mg o,- 1 File No. 149 5 11; - i eoeoe l stLL e!: Tas g - -g os.s s:LL ashr,vs s

ION, i

Tus sus-5608 a5 ACT 00BCERNIns non-LBTRI, RADieherIVB Wh8fs DI550848, .i sunumata This bill regelres' that~ any eaterist o classified as low level radionettve waste en sammary 1,- S, leu er the federal==elear newleteer comma alea a.st, i f' for the purpeees of state

law, seatinue: to bo

) classified asionsh and disposed of at 16eemsed low ] level-radioactive weste Iaellities' regardless-of-whether the commission' reelessifies the material as-l- below requistory concern. ehe bill speettically allwe nuclese 11w.us...- to. continue storing short-Aaved material for decay and conventional df.sposal:if their-- license allows them to de se', o rial sFFECTIVE DATE: October 1, 1990' I ca h ,trn, Low-Level sadioactive Weste = s of of Low-level radi nacH va weste. (LLW) is-. ngggg e e y it to radioactive material that, in Ceanecticut,.is produced. tity by commercial nuclear power slaats, medical research this facilities, academic institutlene,. industrial-

fires, isto and federal defense end-research installations. The LLW 3

to Produced in Connecticut includes:

levo i the

1. --

From 'all sourcess. paper, used protective L sial clothing, and discardes metal and glass, tho bo 2. From suelest power plants: resins, filters and filter sludges, lubricating oils and: grosses. 3. From hospitals and institutions: liquida used in diagnostiettesting, -animal eareasses used in emperiments,- organic

liquids, and used laboratory equipment.

6 9 4.

r. rom industry - nashinggy parts, plastics, and N

erpate selvents O i ( 9. (:- i.i - N

m., au

6 Fine No. 140 m C08tRITIMBB ACTION Bavironaeat Ceesittee @eint Pavorable Subetitute Yes 26 May 0 4 = l b ? [ $ a a e i t#R 2 90 = e-N 04 04 90 04 02 FM F0t

1 N i N ? g i i 3 H 8. = N s. -l l i ,.74.. _._,._ _m p__*-* J-.~arv 30 leen .j ,Mkh h ga eb .1 J4.eaev 6 ) F 7 1 s l t 9 t 10 A BILL to amend and reenact section, one, article one-h, chapter 11 twenty-nine of the code of West Virginia, one thousand nine-12 hundred thirty-one, as amended, relating to the appalachian 13 states low-level radioactive waste compact, specifically 14 regarding the definition of low-level waste. 15 De it enacted by the Legislature of West Virginist r 16 That section one, article one-h, chapter twenty-nine of 17 the code of West Virginia, one thousand nine hundred thirty-i 18 one, as amended, be amended and reenacted to read as 19 follows: { 20 ARTICLE 13. APPALACEIAN STATES LOW-LEVEL RADIO 4CTZYE WASTE 21 COMPACT. s 22 $29-1M-1. Appalachian statas low-level radiosotive waste t 23 compact approved. 24 The following Appalachlan States Low-Level Radioactive 25 Waste

compact,

\\. which has been negotiated by representatives of-26 the commonwealth of Pennsylvania, and the states of West 27 Virginia, Delaware and

Maryland, is hereby

approved, (fh 1

. ~ l j. 1 ratified, adopted, enacted inte law, and entered into by the l i 2 state of West Virginia as a party state thereto, namely: i 3 APPAIACHIAN STATES EDW-LEVEL i } j-4 RADI0 ACTIVE WASTE CONpACT l Preamble l{' 5 WHEREAS, The United States

Congress, by enacting the 7 Low-Level Radioactive Waste Policy Act (42 U.S.C.

Sections 8 2021b-2021d) has encouraged the use of interstate compacts to i 9 provide for the establishme'nt and operation of facilities for 10 regional management of low-level radioactive waste; and j 11 WHEREAS, Under section 4 (a) (1) (A) of the Low-Level { 12 Radioactive Waste Policy Act (42 U.S.C. Sections 2021 (a) (1) i i 13 (A)), each state is responsible for providing for the capacity 14 for disposal of low-level radioactive waste generated within its t l 15 borders; and 16 WHEREAS, To promote the health, safety and welfare of l 17 residents within the Commonwealth of Pennsylvania and the l i 18 states of West

Virginia, Delaware and Maryland, the 19 aforementioned states wish to enter into a compact for the t

20 regional management of low-level radioactive waster 21 How, therefore, the Commonwealth of Pennsylvania and the 22 states of West Virginia, Delaware and Maryland hereby agree to 23 enter into the Appalachian States tow-Level Radioactive Waste 24 Compact. 25 Article 1 26 Definitions 27 As used in this

compact, unless the context clearly 28 indicates otherwise l

2 1 l e - -, -.,., + .,,_,--.re-,- -~......,,..,-,.w,e -.e- - . - - + - - -

---

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1 (a) " Broker" means any intermediate person who handles, 2 treats, processes, stores, packages, ships er otherwise has 3 responsibility for rr possesses low-level waste obtained from a i j 4 generator. 1 5 (b) " carrier means a person who transports low-level waste a s to a regional facility. 7 (c) " commission" means the Appalachian States low-1,evel e Radioactive Waste commission. 9 (d) " Disposal" means the isolation of low-level waste from ~ 10 the biosphere. 11 (e) " Facility" means any real or personal

property, l

12 within the region, and improvements thereof or thereon, and any 13 and all plant, structures, machinery and equipment, acquired, i l 14 constructed, operated or maintained for the management or l 15 disposal of low-level waste. 16 (f) " Generate" means to produce low-level waste 17 requiring disposal. i 18 (g) " Generator" means a person whose activity results in the 19 production of low-level waste requiring disposal. 20 (h) " Hazardous life" means the time required for radioactive 21 materials to decay to safe levels, as defined by the time period 22 for the concentration of radioactive materials within a given 23 container or package to decay to maximum permissible 24 concentrations as defined by federal law or by standards to be 25 set by a host state, whichever is more restrictive. 26 (i) " Host state" means Pennsylvania or any other party state l 27 so designated by the consission in accordance with Article 3 28 of this compact. 3 ... - ~

) j ,1. (j) " Institutional control period" means the time of the 2 continued observation, monitoring and care of the regional 3 facility following transfer of control from the operator to the i 4 custodial agency. 5 (k) "Iow-level waste" means radioactive waste that: 3 6 (1) Is neither high-level waste or transuranic waste, nor ) 7 spent nuclear fuel, nor by-product material as defined in section j { s 11 (e)(2) of the Atomic Energy Act of 1984, as amended: and 9 (2) Is classified by the federal government as low-level l 10 waste, consistent with existing law; but does not include waste t 11 generated as a result of atonic energy defense activities 12 of the federal government, as defined in Public Law 96-573, or 13 federal research and development activities, 1 and 14 f3) Ya radiometive material that in annarated throuah the i 15 nroduction of nuelaar never and that the United states Muelaar i 16 Raoulaterv Comminalen classified am low-level radioactive wanta j 17 as of the first day of Januarv. one thousand nine hundred alahtv-18 nina. but which may be classified as below renulaterv eencarn 19 after that date r I l 20 (1) " Management" means the reduction, collection, 21 consolidation, storage, packaging or treatment of low' level 22 waste. 23 (a) " Operator" means a person who operates a regional 24 facility. I 25 (n) " Party state" means any state that has become a party in 26 accordance with Article 5 of this compact. 27 (o) " Person" means an individual, corporation, partnership l 28 or other legal entity, whether public or private. 4 'l

1 (p) " Region" means the combined geographical area within the j 2 boundaries of the party states. j 3 (g) " Regional. f acility" means a facility within any l 4 party state which has been approved by the commission for the i s disposal of low-level waste. 4 (r) ashallow-land burial" means the disposal of low-level 7 radioactive waste directly in subsurf ace trenches without f 8 additional confinement in engineered structures er by proper 9 packaging in containers as determined by the law of the host 10 state. 11 (s) " Transuranic waste" means low-level waste containing 12 radionuclides with an atomic number greater than 92 which are l r 13 excluded from shallow-land burial by the federal 14 government. 15 Article a 16 The Commission 17 (A) Creation and organization. 18 (1) Creation -- There is hereby created the Appalachian 19 States Low-Level Radioactive Waste Commission. The Commission I 20 is hereby created as a body corporate and politic, with 21 succession for the duration of this compact, as an agency and c 22 instrumentality of the governments of the respective 23 signatory

parties, but separate and distinct from the 24 respective signatory party states.

The commission shall have 25 central offices located in Pennsylvania. l 26 (2) Commission Membership -- The commission shall consist of 27 two voting members from each party state to be appointed 28 according to the laws of each party state, and two additional 5 l v n ..m-, _,-w.~.,- .,,,..,,. ~. ~ ,.m..-.--.,__,_,_.-,....._.,,-,e-.y...,,.-.-..._.-.--w--.-+v-,-,----- ---w.e-

l l e, l l 1 voting moabers from each host state to be appointed 2 according to the laws of each host state. Upon selection of j ? 3 the site of. the regional facility, an additional voting member t 4 shall be appointed to the commission who shall be a resident of i S the steunty or municipality where the facility is to be located. l 6 The appointing authority of each party state shall notify the t 7 Commission in writing of the identitles of the members and,of a any alternates. An alternate may vote and act in the member's i 9 absence. No member shall have a financial interest in any ) lo industry which generates low-level radioactive waste, any al low-level radioactive waste regional facility or any related 12 industry for the duration of the member's terla. No more than one I 13 half the members and alternates from any party state shall have l 14 been employed by or be employed by a low-level waste generator or i 15 related industry upon appointment to or during their tenure of 16 office: Provided, That no member shall have been employed by or I 17 be employed by a regional f acility operator. No member cr la alternate from any party state shall accept employment from any l 19 regional facility operator or brokers for at least three years i 20 after leaving office. 21 (3) Compensattion -- Members of the Commission and alternates 22 shall serve without compensation from the Commission but may be 23 reimbursed for necessary expenses incurred in and incident to the 24 performance of their duties. 25 (4) Voting power -- F.ach Commission member is entitled to 26 one vote. Unless otherwise provided in this Compact, 27 affirmative votes by a majority of a host state's members are 28 necessary for the Commission to take any action related to the 6 1 - --.._._....,.,~....

l /. 1 regional facility and the disposal and management of low-level ] 2 waste within that host state.- I 3 (5) organisation and Procedure. .j 4 (a) The commission shall' provide for its own organisation i 5 and procedures, and shall adopt bylaws not inconsistent with . 4 6 this compact and any rules and regulations necessary to implement 7 this compact. It shall meet at least once a year in the county a selected to host a regional f acility and shall elect a j 9 chairman and vice chairman from among its members. In the l' 10 absence of the chairman, the vice chairman shall serve. 11 (b) All meetings of the commission shall be open to the 12 public with at least fourteen days advance notice, except that 13 the chairman may convene an emergency meeting with less advance 14 notice. Each municipality and county selected to host a regional 15 facility shall be specifically notified in advance of all 16 commission meetings. All meetings of the Commission shall be l 17 conducted in a manner that substantially conforms to the federal l 18 Administrative Procedure Act. The Commission may, by a 19 two-thirds vote, including approval of a majority of each host 20 state's Commission members, hold an Executive Session closed 21 to the public for the purpose of: Considering or discussing 22 legally privileged or proprietary information; to consider 23 dismissal, disciplining of, or hearing complaints or charges 24 brought against an en.ployee or other public agent unless such 25 person requests such public hearing; or to consult with its 26 attorney regarding information or strategy in connection with 27 specific litigation. The reason for the Executive Session must 28 be announced at least fourteen days prior to the Executive 7 '{;

a i 1 session except that the chairman may convene an 2mergency meeting 2 with less advance notice in which case the reason for the 3 Executive Session must be announced at the open meeting j f. 4 immediately subsequent to the Executive Sessian. All action - ) S taken in violation of this open meeting provision shall be null a .l 6 and void. 7 (c) Detailed written minutes shall be kept of all j i 4 meetings of the commission. All decisions, files, records and 9 data of the Commisalon except for information privileged against j i* 10 introduction in judicial proceedings, personnel records, and 11 minnes of a properly convened Executive Session shall be open. to j 12 public inspection subject to a procedure that.substantially 13 conforms to the Freedom of Information Act (Public Law 89-554, S 14 U.S.C. 552) and applicable West Virginia law, and may be copied 15 won request and payment of fees which shall be no higher than i 16 necessary to recover copying costs. 17 (d) The commission shall select an appropriate

staff, l

18 including an executive director, to carry out the duties and l 19 functions assigned by the commission. Notwithstanding any 20 other provision of law, the commission may hire and/or retain its 21 own legal counsel. 22 (e) Any person aggrieved by a final decision of the 23 Commission which adversely affects the legal rights, duties or 24 privileges of such

person, may petition a

court of [ 25 competent jurisdiction, within sixty days after the 26 commission's final decision, to obtain judicial review of said 27 final decisions. P 8 s .. -.. - -. - ~ -.. - ~ - -.... - -... - -. - -. - -. - -. - -. - - ~

f j e o i 1 (f) Liabilities of the commission shall not be deemed i p 2 liabilities of the party states. Itembers of the commission i, Ii 3 shall not be personally liable for actions taken in their I, l 4 official capacity. 5 (B) Powers and Duties. l' 5 (1) The commission: i 7 (a) Shall conduct research and establish regulations to i a promote a reasonable reduction of volume and-curie content of 9 low-level wastes generated in the region. The regulations shall l 10 be reviewed and, if necessary, revised by the commission at least il annually. l i 12 (b) shall ensure, to the extent authorized by federal law, 13 that low-level wastes are safely disposed of within the 14 region, except that the commission shall have no power or L 15 authority to license, regulate or otherwise develop a regional l 16 facility, such powers and authority being reserved for the host l 17 state (s) as permitted under the law. 18 (c) Shall designate as " host states" any party state which 19 generates twenty-five percent or more of Pennsylvania's volume 20 or total curie content of low-level waste generated based on a 21 comparison of averages over three succo'ssive years, as 22 determined by the Commission. This determination shall be based r 23 on volume or total curie content, whichever is greater. i: l1 24 (d) Shall ensure, to the extent authorised by federal law, o i b. 25 that low-level waste packages brougt.t into the regional !j R 26 facility for disposal confom to applicable state and federal l p :. 14 27 regulations. Low-level waste brokers or generators who violate 28 these regulations will be subject to a fine or other penalty .i 9 y

7, l 1 imposed by the Commission, including restricted access to a

j 2 regional facility.

The Commission may impose such fines and/or i 3 penalties in addition to any other penalty levied by the party 1 4 states pursuant to Article 4 (D). 5 (e) Shall establish such advisory committees as it deems i 6 necessary for the purpose of advising the Commission on 7 uatters pertaining to the management and disposal' of low-level 8 wast.. 9 (f) May contract to accomplish its duties and effectuate its 10 powers subject to projected available resources. No contract 11 made by the Commission shall bind a party state. J 12 (g) Shall prepare contingency plans for, management and 13 disposal of low-level waste in the event any regional facility 14 should be closed or otherwise unavailable. 15 (h) shall examine all records of. operators of reginal 16 facilities pertaining to operating costs, profits or the 17 assessment or collection of any charge, fee or surcharge, and i 18 may make recommendations to the' host state (s) which shall 19 review the recommendations in accordance with its (theit) l 20 own sovereign laws. 21 (i) Shall have the power to sue and be sued subject to 22 Article 2 (A) (5) (e) and may seek to intervene in any 23 administrative or judicial proceeding. g,' 24 (j) Shall assemble and make available to the party O 25 states and to the public, information concerning -low-level K(j ,i 26 waste management and disposal needs, technologies and problems. ? 27 (k) shall keep current and annual inventories of all 28 generators by name and quantity of low-level waste generated ) .j 10 -,m=+.--,.--r..,vr.- r-me. ,.e. v ,,---,,,,,-w .e,ww-.,- .e.+-w .,w-a-.--.--..-----,----------.-mme--_-.e. w. -e,-...er- - - - .--w--.,

n 'l "within the region, based upon ~information provided by the party ~ 2 states. Inventory information shall include both volume in cubic ~

• 3' feet and total curie content of the low-level waste - and all "4"available information on chemical composition and toxicity of

+ S such wastes, j '6 (1) shall keep an inventory of all regional facilities 7 and' specialised facilities, including, but not necessarily 8 restricted to, information on their sise, capacity, and location, 9 as well as specific wastes capable of being managed, and 10 the projected useful life of each regional facility. 11 (m) shall make and publish an annual report to the 12 governors of the signatory party states and to the public 13 detailing its programs, operations and

finances, including 14 copies of the annual budget and the independent audit 15 required by this compact.

16 (n)- Notwithstanding any other provision of this Compact to l 17 the contrary, nay, with the unanimous approval of the Commission 18 members of the host state (s), enter into temporary 19 agreements with nonparty states or other regional boards for the j. 20 emergency disposal of low-level waste at the regional facility, 21 if so authorized by law (s) of the host state (s), or other P 22 disposal facilities located in states that are not parties to-1 23 this agreement. iT 24 (o) Shall promulgate regulations, pursuant to host state ll 25 law, to specifically govern and define exactly what - would a 26 constitute an emergency situation and exactly what restrictions 27 and limitations would be placed on temporary agreements. 11 ,,, -.. - ~... -,, - -. -., -., , - +, n . _ - -. ~.,,,.,., -,, -.r.w-,.n-.

1 (p) Shall not accept any donations, grants, equipment, .i 2 supplies, materials or services, conditional or otherwise, from 3 any source, except from any federal agency and from party states i .I 4 which are certified'as'being legal and proper under the laws of d '5 the donating party state. ] 6 (C) Budget and Operation. 7 (1) The Consission shall establish a fiscal year which 8 conforms to the fiscal ' year of the Commonwealth' of 9 Pennsylvania. 10 (2) Upon legislative enactment of this compact by two 11 party states t od each year until the regional facility 12 becomes available, the commission shall adopt a current 13 expense budget for its fiscal year. The budget shall include the 14 Commission's estimated expenses for administration. Such 15 expenses shall be allocated to the party states according 16 to the following formulas { 17 Each designated initial host-state will be allocated 18 costs equal to twice the costs of the other party states, but d 19 such costs will not exceed two hundred thousand dollars. 20 Each remaining party state will be allocated a cost of one 21 half the cost of the initial host state, but such costs will not .j 22 exceed one hundred thousand dollars. 2i The party states will include the amounts allocated j 24 above in their respective budgets, subject to such review = and 25 approval as may be required by their respective budgetary .I 26 processes. such amounts shall be due and payable to the 1 l 27 commission in quarterly installments during the fiscal year. -1 12

• [:3 I

?)

. -. ~.. _. - l i 1 (3) For continued funding of its activities, the 2 Commission shall submit an annual budget request to each f l 3 party state for funding, based upon the percentage of the i i 4 region's waste generated in each state in the region, as S reported in the latest available annual inventory required 6 under Article 2 (3) (1) (k). The percentage of waste shall be i 7 based on volume of. waste or total curie content as determined by l 8 the Commission. 9 (4) The Commission shall prepare and include in; the l 10 annual report a budget showing anticipated receipts and 11 disbursements for the ensuing year. i 12 (5) Annual Independent Audit. 13 (a) As soon as practicable after the closing of the 14 fiscal

year, an audit shall be made of the financial 15 accounts of the Commission.

The audit shall be made by i 16 qualified certified-public accountants selected by the 17 Commission, who have no personal direct or indirect interese in 18 the financial af f airs of the commission or any of its 19 officers or employees. The report of ' audit shall be 20 prepared in accordance with accepted accounting practices and 21 shall be filed with the chairman and such other officers as the

22. commission shall direct.

Copies of the report shall be 23 distributed to each Commission mesbar and - shall be made 24 available for public distribution. 25 (b) Each signatory party by its duly authorized - officers i 26 shall be entitled to examine and audit at any time all of the 27 books, documents, records, files and accounts and all other 28 papers,, things or property of the commission. The 13

i 1 representatives of the signatory parties shall have access to all-l t 2 books, documents, records, accounts, reports,. files and all other ( 1 j 3 papers, things or property belonging to or in use by the l q 1 4 Commission and necessary to facilitate the audits and, they shall J [ 5 be afforded full facilities for verifying transactions with j J 6 the balances or securities held by depositaries, fiscal agents 7 and custodians. 4 Article 3 9 Rights, Responsibilities 10 and obligations of Party states 11 (A) There shall be regional facilities sufficient to 12 dispose of the low-level waste generated within the region. 13 Each regional facility shall be capable of disposing of such 14 low-level waste but in the fors(s) required by regulations or 15 license conditions. Specialized facilities for particular types i 16 of low-level waste management reduction or treatment may not be 17 developed in any party state unless they are in accordance with la t.no laws and regulations of such state and applicable federal l 19 laws and regulations. i 20 (a) Each party state shall have equal access as other 21 party states to regional facilities located within the 22 region and accepting low-level wastes Provided, That the host 23 state may close the regional facility located within its I 24 borders when necessary for public healch and safety. 25 dowever, a host state shall send notification to the I 26 commission in writing within three (3) days of its action, and j 27 shall, within thirty (30) working days, provide in writing 28 the reasons for the closing. i 14 Iw

I l 1 (C) Pennsylvania and party states which generated { or curies of low-level l1 2 twenty-five percent or more of the volume j i l 3 waste generated by Pennsylvania based on a comparison of l j 4 averages over the three years, one thousand-nine hundred-6 l2 '1 5 eighty-two through one thousand nine hundred eighty-four, are l i i 6 designated as " initial host states" and are required to 'j l 7 develop and host ' low-level waste sites as regional facilities. 8 The percentage of waste from each state shall be determined by 9 cubic foot volume or total curie content, whichever is greater. 10 (D) Party states which generated less than twenty-five il percent of the volume or curies of low-level waste generated 12 by Pennsylvania based on a comparison of averages over the 13 years one thousand nine hundred eighty-two through one 14 thousand nine hundred eighty-four shall be exempt from 15 initial host state responsibilities. These states shall 16 continue to be exempt as long as they generate less than the 17 twenty-five percent threshold over successive three-year 18 periods. Once m state generates an average of twenty-five l-19 percent or more of the volume or curist generated by Pennsylvania successive three-year period,'it shall be designated as 20 over a 21 a " host state" for a thirty-year period by the commission and I 22 shall immediately initiate development of a regional facility to I 23 be operational within five years. Such host state shall be 24 prepared to accept at its regional facility low-level 25 waste at least equal to that generated in the state. With 26 commission approval, any party state may volunteer to host a 27 regional facility. The percentage of waste from each state shall 15 p 1 i L l 1

j 1 be determined by either a cubic foot volume or total ourie j 2 content, whichever is greater. L { 3 (E) Pennsylvania and other host states are obligated to l5' - 4 develop regional facilities for the duration of this compact. 1i for at least a i Li 5 All regional facilities shall be designed i l 6 thirty-year useful life. At the end of the facility's life, 7 normal closure and maintenance. procedures shall be initiated in -8 accordance with the applicable requirements of the host state 9 and the federal government. Each host state's obligation _ for 10 operating regional facilities shall remain as long as the state 11 continues to produce over a three-year period twenty-five percent 12 or more of the volume or curies of. Iow-level waste generated by 13 Pennsylvania. 14 (T) Each host state shallt 15 (1) cause a regional facility to be sited and developed on a ] 16 timely basis. 17 (2) Ensure by law, consistent with applicable state and 18 federal

law, the protection and preservation of public 19 health, safety and environmental quality in the siting,

design, 20 development, licensure or other regulation, operation, 21 closure, decommissioning long-tern care and the institutional 22 control period of the regional facility within the state.

To 23 the extent authorized by federal law, a host state may adopt more 24 stringent laws, rules or regulations. than required by federal 25 law. 26 (3) Ensure and maintain a manifest system which documents all 1 27 waste-related activities of generators, brokers, carriers and l 28 related activities of generators, brokers, carriers and I 16 Jj i -..a,-~.n-

.c s 1 operators, and establish the chain of custody of waste from its j 2 initial generation to the and of its hasardous life. Copies of i i 3 all such manifests shall be submitted to the Commission on a 4 timely basis. l! 5 (4) Ensure that charges for disposal of low-level waste at t 6 the regional f acility ' are sufficient to fully fund the safe l 7 disposal and perpetual care of the regional facility and i l 8 that charges are assessed without discrimination as to the' party 9 state of origin. l 10 (5) submit an annual report to the commission .on the l 11 status of the regional facility which contains projections of 12 the anticipated future capacity. l l 13 (6) Notify the Commission immediately if any exigency i 1. 24 arises requiring the possible temporary or permanent closure of 15 a regional facility within the state at a time earlier than was 16 projected in the state's most recent annual report to the 17 Commission. 18 (7) Require that the institutional control period of any 19 disposal facility be at least as long as the hazardous life, as 20 defined in Article 1(h), of the radioactive materials that are 21 disposed at that facility. 22 (8) Prohibit the use of any shallow land burial, as defined 23 in Article 1(r), and develop alternative means for. treatment, 24 storage and disposal of low-level waste. i 25 (9) Establish by law, to the extent not prohibited by federal I' 26 law, requirements for financial responsibility, including, but j; 27 not limited to: e I 4. ll h 17 '6

1 { l 1 (a) Requirements for the purchase and maintenance of i, I l 2 adequate insurance by generators, brokers, carriers and operators I l i lj-3 of the regional facilityt 1* 4 (b) Requirements for the establishment of a long-term care 5 fund to be funded by a fee placed on generators to pay for 6 preventive or corrective measures of low-level weste to the l 7 regional facility; and t 8 (c) Any further financial responsibility requirements that 9 shall be submitted by generators, brokers, carriers and operators f i 10 as deemed necessary by the host state. - 11 (G) Each party ststet i apr>. A;i late its portion of the Commission's 12 (1) shall 13 initial and ann d, budgets as set out in Article 2 (C) (2) and 14 (3). 10 (2) To the e.wtont-authorized by federal law, shall 16 develop and enforce procedures requiring low-level waste 17 shipments originating within its borders and destined for a i 18 regional facility to conform to volume reduction, packaging and l-19 transportation requirements and regulations as well as any other 20 requirements specified by the regional facility. Such procedures 21 shall include but are not limited tot 22 (i) Periodic inspections of packaging and shipping I l 23 practices; l. 24 (ii) Periodic inspections of low-level wasta containers 25 while in custody of carriers; and i 26 (iii) Appropriate enforcement actions with respect to 27 violations. 4 18 l -..,,__...__._,y -._,_..l,_,.__.,__,[ ,.,,,,.m..,,..._.,,,_..._..~.._,,-.--,.-_m..

i s 1 (3) To the extent. authorized by federal law, shall after -2 receiving notification from a host state, or other person that j 3 a person in a party state has violated volume-reduction, !i 4 packaging, shipping or transportation requirements or 5 regulations, take appropriate action to ensure that violations 6 do not recur. Appropriate action shall include, but is net 7 limited to, the requirement that a bond be posted by the 8 violator to pay the cost of repackaging at the regional 9 facility and the requirement that future shipments be 10 inspected. Appropriate action may also include suspension et the 11 violatorfs use of the regional facility. Should such suspension' I 12 be imposed, the suspension shall remain in effect until'such time 13 as the violator has, to the satisfaction of the party state 14 imposing such suspension, complied with the ' appropriate 15 requirements or regulations upon which the suspension was.mased v 16 and has taken appropriate action to ensure that such violation or 17 violations do not recur. 18 (4) shall maintain a registry of all generators and } 19 quantities generated within the state. 20 (H) In the event of liability arising from the operation of 21 any regional facility and during and after closure of that 22 facility, each party state shall share in that liability 23 in an amount equal to that state's share of the region's 24 low-level waste' disposed of at the facility. It~such ~~ 25 liability arises from negligence, malfeasance or neglect on [ .i 26 the part of a host state or any party state, then any other 27 host or party state (s) may make any claim allowable under 28 law for that negligence, malfeasance or neglect. If such 19 .. -.., - - - - -.,.. ~ -.,,,,. ~ ,,-,.-.,,~m.......__- ..._,.,n~,-- ~n - -. ~,...,.

i = j 1 1 liability arises from a particular waste shipment or shipments I 2 to, or quantity of waste or condition at, the regional 5 3 facility, then any host or party state may make any claim 4 allowable under law for such liability. The percentage of waste 5 shall be based on volume of waste or total' curie content. ) i l s (I) A party state which falls to fulfill its obligations, 7 including timely funding of the commission may have its 1 a privileges under the compact suspended or its membership in' -{ l 9 the compact revoked by the commission and be subject to any other i 10 legal and equitable remedies available to the party. states. 11 Article 4 12 Prohibited Acts and Penalties 13 (A) It shall be unlawful for any person to dispose of i 14 low-level waste within the region except at a regional 15 facility unless authorised by the commission. 16 (B) After establishment of the regional facility or 17 facilities, it shall be unlawful for any person to dispose of 18 any low-level waste within the region unless the waste was i 19 generated l within the region or unless authorised to do'so both 20 by the Commission and by law of the host state in which said 21 disposal takes place. For the purposes of this compact, waste 22 generated within the region excludes radioactive material 23 shipped from outside the party states to a vaste management 24 facility within the region. In determining whether to grant 25 sucn authorization, the factors to be considered by the 26 Commission shall include, but not be limited to, the following 27 (1) The impact on the health, safety and environmental 28 quality of the citizens of the party states; 20

___m.__...__ J l 1 (2) The impact of importing waste 'on the available 2 capacity and projected life of the regional facilityt 9 l !l 3 (3) The availability of a regional facility appropriate for l l 4 the safe disposal of the type of low-level waste involved. [ l 5 (C) Any and all low-level waste generated within the 6 region shall be disposed of at' a regional facility, except for 7 specific cases - agreed upon by the commission,. with the 8 affirmative votes by a majority of the Commission members of the I 9 host state (s)-affected by the decision. ( 10 (D) Generators, brokers and carriers of

wastes, and 11 owners and operators of

' sites shall be liable for their 12 acts, omissions, conduct or relationships in accordance with all 13 laws relating thereto. The party states shall impose a fine 14 for any violation in an amount equal to the present and future 15 costs associated with correcting any harm caused by the violation 16 and shall assess punitive fines'or penalties if it is deemed 17 necesnary. In addition, the host state shall bar any person 18 who violates host state or federal regulations from. using the 19 regional facility until that person demonstrates to the 20 satisfaction of the host state their ability and willingness to 21 cosply with the law. 22 (E) No commissioner, officer or employee shalls 23 (1) Be financially interested, either directly or indirectly, 24 in a contract, sale, purchase, lease or transfer of real or 25 personal property to which the commission is-a party. 26 (2) solicit or accept money or any other thing of value in 27 addition to the expenses paid to him by the Commission ' for 28 services performed within the scope of his official duties. 21

3, g. ] 1 (3) Offer money or anything of value for er in consideration 2 of obtaining an appointment, promotion'= or privilege in his 3 employment with the Commission. 4 (F) Any officer or employee who shall wilitully violate any. 5 of the provisions of this article shall forfeit his office or 4 employment. 7 (G) Any contract or agreement knowingly ande in contravention 8 of this section is void. 9 (H) officers and employees of the Commission shall be-10 subject, in addition to the provisions of this section, to such 4 l 11 criminal and civil sanctions for misconduct in office as may be 12 ik. posed by federal law and the law of the signatory state 'in 13 which such misconduct occurs. 14 Article 5 15 Eligibility, Batry into Effeet, 16 Congressional cessent, Withdrawal i 17 (A) Only the states of Pennsylvania, West Virginia, Delaware 18 and Maryland are eligible to become parties to this compact. l t 19 (B) An eligible state may become a party state by l 20 legislative enactment of this Compact or by executive order of 21 the governor adopting this compact: Provided, That a state 22 becoming a party state by executive order shall cease to be a j 23 party state upon adjournment of the first general session of 24 its legislature convened thereafter, unless the legislature shall 25 have enacted this Compact before such adjournment. 26 (C) This compact shall take effect when it has been 27 enacted by the legislatures of Pennsylvania and one or. acre 28 eligible states. However, subsections (B) and (c) of Article 4 22 a .. _ _. - __. - -_ _ _ _ _ - _______.____.____.,,......._...,-._,.w,,,_. ,,,,_.,,,,y..-,,,...,,,,.,-#,,,,,,,.,,w ,...%,,,.,,o,,,

l r 1 shall not take offeet until congress has consented to this f f 4 2 Compact. Every fifth year after such consent has been ' t 3 given, Congress may withdraw const.nt. i! 4 (D) A party state may withdraw from the compact by l } 5 repealing the enactment of this

compact, but no such 6 withdrawal shall become effective until two years after I

7 enactment of the repealitig legislation. If the withdrawing - l I 2 e state is a host state, any regional facility in that state 9 ahall-remain available to receive low-level vaste generated 10 within the region until five years after the effective date of 4 11 the withdrawal. 12 Article 6 construction and severability 13 14 (A) The provisions of this compact shall be broadly 15 coa.strued to carry out the purposes of the Compact, but the { 16 sovereign powers of a party state shall not unnecessarily be i 17 infringed. 18 (B) If any part or application of this Compact is held 19 invalid, the remainder, or its application to other situations 20 or persons, shall not be affected. 21 22 NOTEt This legislation amends $29-1H-1, the Appalachian 23 states Low-Level Radioactive Waste compact, to add a new 24 subdivision (3) to subsection (k) of Article 1 of the compact, 25 more specifically dealing with the definition of low-level waste. 26 I i k 23 = ^ ^ [

LNO 3//A '"'"'Rrnm'syo.2133, . FRzwrw3 nD. 3112 THE GENERAL ASSEMBLY OF PENNSYLVANIA i HOUSE BILL No.1743 Sessionel im INTRODUC memummmmmmmmma ED BY !TRIN AND J. L. NRICitT, JUNE 20,-1989 AS RE* REPORTED FROM CONMITTEC ON CONSERVATION, MOUSE OF ~ REPRESENTATIVES, AS AMENDED, MRCH 12, 1990 I AN ACT 1 Creating-a fee system to cover the costs related to the 2 establishment of a low-level radioactive waste disposal i 3 regional facility in Pennsylvania; AND REGULATING CERTAIN 4 !.ON-LEVEL MASTE. TABLE OF CONTENTS i 6 Chapter 1. General Provisions 7 Section 101. Short title. 8 Section 102. Legislative findings and purpose. 9 Section 103. Definitions. 10 SECTION 104. REGULATION OF CERTAIN NASTE. 11 Chapter 3. Regional Facility Siting Fund 12 Section 301. Regional Facility Siting Fund. 13 Soci; ion 302. Fund contribution. 14 Section 303. Reconciliation of control account. 15 Section 304. Records and audits. 16 Section 305. Default. 17 Section 306. Nithdrawal from Compact. 18 Section 307. Participation in regulatory proceedings. i .__-....---.-.-...,..,-._._..3

1 Se:tica 300. R3tcntles cf rccards. l i 2 Section 309. Construction. 1 i 3 Section 310. Expiration of fund. 13. 4 CMAPTER 5. DISCLOSURE STATCMENis 5 ESCTION 501. REQUIREMENTS. 6 SBCTION 502. CONTENT.= I i I 7 SECTION 503. PROCEDURE. t 8 SECTION 504. RULES AND REGULATIONS. t 9 Chapter 11. Miscellaneous Provisions 10 0;;'ie. 1101. I;;..eeii;iti. 11 Section 6tet 1101. Effective date. (* 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 7 14 CHAPTER 1. 15 GENERAL PROVISIONS 16 Section 101. Short title. 17 This act shall be known and may be cited as the Low-Level 18 Radioactive Waste Disposal Regional racility Act. f 19 Section 102. Legislative findings and purpose. s 20 (a) Findings.--The General Assembly finds: 21 (1) That the Low-Level Radioactive Waste Policy 22 Amendments Act of 1985 and the Appalachian States Low L S 23 - evel Radioactive Waste Compact Law, adopted pursuant thereto .i 24 requires the Commonwealth to timely provide a regional 1 25 facility for disposal of low-level radioactive waste G } 26 N generated within Compact member states that the waste .,g 27 !Q generators are required, under the terms of the Appalachian 28 } States Low-Level Radioactive Waste Compact Law and the L ts 29 jj-Level Radioactive Waste Disposal Act, to pay the costs of 30 I developing, establishing, and operating the low-level 19890H174383112 it b 11 ~

1 1 radioactiv3 casto 410pos31 fosility; c:4 that cu:h co3ts 2 k[

• assoelated with preconstruction development of the facility 3

are estimated'to be approsimately $33,000,000.

3 4

10; !,f ~; ; ^ L. un. L; '. in ^.L, ;Le L.L;; ga.. j 5

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. ;3 1.1...e ;; ILe 2:h'.b;. 7;.^.;;^.b l'; i

w.. em x ;:....: ;..:. u. ;. = n. a....: :, ; u;. 1.;

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0.... i O t6y (2) That those activities which generate low-level-9 radioactive wastes requiring disposal contribute to the t 10 health and welfare of the citisens of the Compact sember i 11 states, and a'dvance payment of funds by certain waste 12 } generators will enhance the timely availability of a disposal 13 site and reduce the costs of waste disposal. 14 (b) purpose.--The General Assembly therefore establishes j 15 that the purposes of this act are as follows: 16 (1) To establish a low-level radioactive waste disposal 17 regional facility siting fund which would: 18 (i) Require nuclear power reactor constructors and 19 operators situated in this Commonwealth to pay to the 20 Department of Environmental Resources funds to be 21 { utilised for reasonable and proper expenses, subject to [ l 22 limitations set forth herein, that are incurred by the 23 department, its consultants, and the selected regional 24 facility operator in execution of activities required by 25 section 307 of the Low-Level Radioactive Waste Disposal t 26 Act. t 27 f u (11) Authorise and' encourage other potential users q 28 .j of the regional facility to make voluntary payments to 19 j! the department for the purposes stated in subparagraph A 30 (1). 19890H174383112 ; 't

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' ^ ^ ,,,,.. - - - * ~ ~ ^ ^ ~ ~ ~ ' ' ^ ,p- \\ i 2 i of funds advanced by persons described 3 )i allowing them credits against surcha under paragraph (1) by it 4 \\l waste depositors by the departme t rges to be billed to all t, 1 5 n. i i, 6 i 7 e=\\ 9 Aetr t 9 Section 103. Definitions. 5 i 10 The following words and phrase i i ' 1 have the meanings given to them i. { s when used in this act shall 12 context clearly indicates n this section unless the j 1:; otherwiset " Appalachian States Low-Level R d t e \\ 14 the act of December 15 22, 1985 (P L a ioactive Waste Coopset Law "RUSINESS CONCERN." 539, No.120). PARTNERSHIP, TRUST OR OTHER FORANY COR 16 i , FIRM, 17 r " CONTRACTOR." M OF COMMERCIAL ORGANIE DEPARTMENT. A PERSON WHO ENTERS INTO A C 18 19 ACT WITH TRE t " Contributor." voluntarily making contributions tA' person wh 20 a e or who is 21 " Department." o the fund. the Commonwealth. The Department of Environme t 22 a 23 n al Resources of "DISCLO3URE STATEMENT." t, 24 DEPARTMENT BY A CONTRIBUTOR A STATEMENT i 25 CHAPTER 5. OR CONTRACTOR AS PROVIDED 26

IN

? " Fund." The Regional Facility Siting F 27 act. und created by this 28 " KEY EMPLOYEE." 3 CONTRIBUTOR IN A SUPERVISORY CA i 29 ') RACTOR OR THE 30 DISCRETIONARY DECISIONS WITH RAPACITY i y. 19890H174383112 ESPECT TO THE RADIOACTIVE E i 9 5 F 9 ... _ _, _ _. _. ~... _. _ _ _ _, i_._..._ _.. a, n 1.T..

.-_~- -- r 1 GFERATIONS'GF THE BUSINESS CON 4 ~ e EMPLOYEES EXCLUSIVELY ENGAGED IN 2 ~ p w f h ) {

f 3

.q / - COLLECTION, TRANSPORTATIOdBE PRYSICAL OR MECM&WIC a 'RADICACTIVE'MASTE., TREATMENT, STORAGE OR Y i -4 e n. 5 j " Low-Level Radioactive' Waste Di v 1 -[ 6 ; February 9, 1988 (P.L.31 sposal~Act." g I y The act of , No.12). \\ " Low-Level. Radioactive %ste$s. g U 7 hlicyAmendmentsActof.198 n -S Public Law qg 99-240, 99' Stat. 1842 3 >m 9 "" le; R.. '.st;;;;. ien ".e.. " , 42'U.S.C. 3-2021b et seqi L a 1 10 ft.:..;;;, L.;; ;v Z.; e.. ;! J ;i 10,1;M 11 " Waste depositor." k i radioactive waste in the regional fa ilAny perso 12 vel i 13 period of this act. ity durin ny-c 'SECTION 104.. g the operative. g, 7.. 14 REGULATION OF CERTAIN WASTE h 15 h LOW-LEVEL RADIOACTIVE MASTE [ RADIOACTIVE WASTE DISPOSAL ACT, AS DEFINED $N Tile LO

f, < :m 16 y

17 AGENCY OR PURSUANT TO A GOVERN, GENERATED BY ANC0 18 MAD CLASSIFIED BY THE UNITED STAMENT C 3. m , WitICH. 19 COf; MISSION AS LOW-LEVEL RADIOA TES NUCLEAR REGULATORY: 1/ 20 WEETHER OR NOT SUCH WASTE BAS CTIVE WAS 's 1980/v3', 21 REGULATORY CONCERN BY THE UNITEBEEN DLREGULAT 'i 22 CC;1 MISSION OR OTHER FEDERAL AG D STATES NUCLEAR R .w l y 1 23 A COf'41ERCIAL MASTE FACILITY LICEENCY, SEALL' ONLY 6 a .t F ST v. 24 ( WASTE BY THE COf1MONWEALTH OF P NSED 'FOR DISPOSALT OF RAD y. ^ 4g b ~* s 25 IVE FEDERAL LAW, THE CottMONNUALTH ENNSYLVANIA. UNLES Rd. QUIRED (MDER h 26 OFNCRSHIP OVER THESE WASTE 3 0Y iDOES N s eP.(k p A Y( 27 STORAGE AND DISPOGAL.l n,'TAINIME JURISDICTION OVMR TN j ,s \\a h94m v f { b 28 s i,j M;zR 0' g 29 C? TER 3 l3 s s

'y (

Section 301. REGIONAL FACILIT7 SITING FUND l 30 s \\ '\\' b-19890H1743B3111Regional Facility Siting Fund f< ~ s t a a. ' / 4 n i i 1 s j i dl t s s 'h i. i ,, " ~ \\ t 3

1k' m., y' L1

(c)

E3tchlishment.--Tharo shall'be catablich:d Ls .2i Stato Troccury an interest-bearing, non-lapsing, ,cp n.th2 3 pk D ~ account to be.known an. the~ Regional Facilii.y Siting 4 (b) Deposits.--All mandated and voluntary contrib i '3 i e 5 ] under this act, together with actual interest earned utions 1 4 contributions by the State Treasurer, shall be deposit on'thase h -7 - [' the. fund. Separate accounting of contributions a d e ' nto '( ). 8 interest earned thereon shall be continuousl n actual i y maintained for y7p\\ 4;. p( 9 purposes of implementing sections 306 and"310 "y / 10 (c) Appropriation and_ purpose.--Noneys in the fund }} 3

11. hereby a t,

are. 12 be' expe% ppropriated and,. upon authorisation'of theL 1(x int,ed -byf the department. on a continuing basis s l l s g [V 13 the following purposes: o e y for-14 (1)' Re1Nbursement of expenses incurred by the 15. facility opetator?for regional facility site s l a -16 regiona[facilitydesignandland' purchase ~activitie e ection, d 17 l not to include any profit. s, but 18 (R) Fees paid by the department to-consultants FO l_ g 19 PdRPOSE OF. ASSISTING THE DEPARTM R THE -20 DtENTATION OF .THETHELOW-LEVlfLRADIOACTIVEWASTE~ y 'h) W p-21 Cost of the department for'its expenses INCU U: s 22 1 THE htPLDIENTATIOR'. RRED IN 3 i OF-THE LON-LEVEL' RADIOACTIVE NAS 23 g,1 DISP 0;tALt ACT. i-24 (d) Disbursements. -Each disbursement from th ( 25 a deemed tn 'on made from both contributions e fund shall be , and actual interest 26 earned thereon, in the same proportion as each bear 6 27 lund's total balance at the time cf such disbu s to the rsement. 18 Section 302 -l Fund contribution. 'o J29 - (a) Maximum fund contribution.--The sum of $33 1, }b exclusive of intarest e.rned or ' imputed, shall be th '30 g ,000, asesor/1743nst12 e maximum '.c .\\' {; \\b,xq\\. i-b -- ~ ' ~ ~ ~ ~~~~ e. ~([ ~ ~ a ^w y [N LC. 7!L

t c 1 amount to be paid by mandatcd fund.csstributors. Th) octel m -2 amounts to be paid by mandated fund contributors shall'be- ~ 3 ratably reduced to the extent that the= department determines-l 4' that an amount less than $33,000,000:sufficesstor the purposes 3 e

• \\

5 'of this act, to the extent of voluntary contributions received r . s. 6 or reasonably anticipated,.or to the extent of actual [. 7 lE commitmeQtt ter ybe purposes of this act, of financial resources 8 by persang stiorganisations other than mandated or voluntary: 9 contributors. It is the intent of this section that no funds 10 significantly in. excess of those reasonably required to 7

• 4 11 effectuate the purposes of this.act'be paid into the fund.

12 (b) Mandated fund contributors.-- { 13 (1) Each person who is constructing or is operating in 14 Pennsylvania, pursuant to a construction' permit or. operating. 15 license issued by the United States Nuclear Regulatory-16 Commission, one or more of the nine nuclear power reactor 17 facilities identified in this subsection, which are expected 18 to produce electric energy for commercial purposes and' low- ^ V 4 19 level radioactive waste for significant portions of the 20 [I functional life of the regional' facility,' shall pay to the i 21 department a mandated contribution in-the~ form of a fee for 22 each such reactor facility in the amount and'at'such time as-23 follows: 24 Date of required payment ' Fee per reactor 25 Not later than the 30th day 26 i. following the effective date i' t 27 et ti.ie es;................................;100,0&G 28 ,[ Tel; 1, 1000...............................;000,000 29 OF THIS ACT................................$ t 933,000 30 July 1, 1990.............................S1,200,000-

t 19890H174383112

! 2 i m-m ......_.-_.-,,mu ,, -..... ~ .,y r- -~ ~

l 1 July 1, 1991.,.....'....................... 8933,000 2 July 1, 1992...............................$333,000 3 July 1, 1993...............................$264,000-t 1 4 -(2) The provisions of this subsection shall be I i 5 1 applicable to the following. nuclear power reactor facilities, i w j 6 which are producing _or are reasonably anticipated to produce 1 7 electric ene,rgy for commercial purposes and are generating or a 8 are reasonably! anticipated to generate low-level radioactive 9 waste throughout a significant portion of the functional life 10 of the regional'facilitys-g , 11 (1) BeaveriValley - No. 1 -12 (ii) Beaver' Valley - No. lt a 13 (iii)- Limerick - No. 1 14 (iv) Limerick'- No. 2' 15 (v) Peach ~ Bottom - No. 2 16 (vi) Peach Bottom - No. 3 17 (vii) Susquehanna - No. 1 18 (viii) Susquehanna-- No. 2 l-19 r (ix) Three: Mile Island - No. 1-20 (c) Voluntary fund! contributors.--Any person, other than one 21 required.to make fund contributions pursuant to subsection.(b), 22 in an Appalachian States compact member state who anticipates' 23 future use-of the regional facility may, in one or more of the 24 annual payment periods specified in subsection (b), make a 25 voluntary contribution to-the fund by payment to the department. 26 Unless clearly stated otherwise,'for the purposes of this act-27 generally, and for the purposes of section 303 specifically, a 28 person making such a voluntary contribution shall~, to the. extent 29 of that contribution, be regarded without distinction as a 30 mandated contributor. Such designation does not obligate or. 19890H1743B3112 9 9 q.,

.e: 4_ s 4 g (* .x requiro futuro contributions by such perssns. Voluntory 1 2. contributions shall be applied by the department to reduce the' 3 fees of mandated contributors on a pro: rata. basis. 4 i l' 4 (d) Contributor reconciliation accounts.--At all times I g 5 during the effective period of this act, the department shall 1! 5 maintain a reconciliation ledger consisting.of a reconciliation 7 account for each person. making aLcontribution-underi his t 8 section. Contributions by such person, and the' imputed 9 interested accrued pursuant to subsection (e),.shall be promptly. { 10 debited to the contributor's reconciliation account.' Fee ~ 11 payments, and imputed interest thereon,.by a person who'is a. I 12 mandated contributor for more than one nuclear power reactor 13 facility shall', for.the purposes of this act, be merged in a 14 single reconciliation account in the name of such person. 4 u 15 (e) Imputed interest.--Mandated and voluntary; contributions 16 made under this section shall accrue imputed interest. Such 17 interest shall be computed on an annual basis forthe' period-18 beginning with the time of receipt of a contribution and ending 19 on each successive June 30th. Such interest shall'be-simhle 20 annual interest at a rate equal to'the rate.then.being-imposed 21 by the Department of Revenue for unpaid State. taxes'duefa'd n 22 payable to the Commonwealth. It is the. intent of this-' subsection. 23 to properly recognize the time value of funds contributed so as 24 to allow for inclusion of that additional-imputed interest in 25 fixing surcharges provided for by section 303. Accordingly, 26 withdrawal from the fund and. expenditure by thendepartment of 27 funds contributed under this section shall not be credited 28 against, deducted from, or otherwise cause to diminish the debit . 29 balance of contributors' reconciliation accounts on which 1 30 imputed interest is accrued under this subsection. The imputed 19890H1743B3112 L l l

? y 1 istcrcst requircd by this cub 30cticn is c ss E -i parato cad distinct 2 calculation-for the purpose-of implementing section 303 3-shall not,Lfor any purpose or in any circumstance i , be regarded- 't 4~ as-the actual interest on amounts in the fund which may be 5 earned pursuant to section 301(a), a 6 - (f) , Final value of contributions.--For the purposes of a i 7 determining surcharges and otherwise administering th ~ 8 e provisions of section 303, the debit balance in each j 9 contributor's reconciliation account as of June 30, 1994 'i 10 together withl imputed' interest accrued thereon , shall'be il~ regarded as the final reconciliation account val F ~ ue of each 12 contributor, and the. sum of all such contributor's final 13 reconciliation ~ account values shall be regarded as the fin 14 f reconciliation control account value. No further imputed - 15 interest shall be accrued after that date on th e final 16 reconciliation account.value of each contributor 17 (G) EOST MUNICIPAL LONG-TERM RESIDUA n. i 18 DISPOSAL FUND.-- 19 (i) IN ADDITION TO THE FEES OTHERWISE 20 THISSCCTION,EACHPERSONWHOISCONSTp0CTINGOR R ^ 21 OPERATING A FACILITY IN THIS COM!tOHNEALTE SHALL P 22 ONAL FEE.IN THE AMOUNT OF 10% OF TEF. FEE ESTABL 23 CONTAINED IN SUBSECTION (B). THESE FUN SCHEDULE 24 PAID INTO-AN INTEREST-BEARING, HONLAPSING, RESTRICTED AC 25 UNT TO BE KNOWN AS THE HOST MUNICIPAL LONG-TERM 26 RADIOACTIVE WASTE DISPOSAL FUND, WHICH IS HERESY ESTABLISH 27 D IN THE STATE TREASURY. ALL MONEYS IN THIS. ACCOUNT , INCLUDING ALL-INTEREST 28 EARNED THEREON, ARE BEREBY APPROPRIATED TO TH 29 ARTMENT ON i A CONTINUING BASIS SPECIFICALLY AND ON 30 PURPOSE OF NAKING THE PAYMENTS PROVIDED IN THIS SECT 19890H1743B3112 . NO COSTS SHALL ~ ~ 10 - r i

i: + c -1 m b at DEDUCTED FOR EEPENSES OF ADMINISTRATION OF THE DISPOSA 2 FUND. t 3 t, I:[ -(2) ;AT TEE TIME OF DECOMMICSIONING OF ANY OF THE NDCLEAR 4 PONER REACTOR FACILITIES LISTED.IN SUBSECTION (B)(2),' PAYMENT i 5 IN AN AMOUNT DETERMINED BY DIVIDING THE BALANCE OF THE' i 6 y DISPOSAL FUND BY THE' NUMBER'OF REMAINING REACTOR FACIL 1 7 SMALL BE MADE TO TEE NOST MUNICIPALITY IN NNICH T8E NUCLEA -1 i 8 PONER REACTOR FACILITY IS LOCATED.~A NOST MUNICIPALITV MAY 9 REPEND MONEY RECEIVED UNDER THIS' SUBSECTION FOR ANY PUR f 10 FOR NEICE THE MUNICIPALITY IS OTHERNISE AUTHORISED'BY.LAN TI 11 EEPEND FUNDS. 12 (3) AS USED IN THIS SUBSECTION, THE' TERM:" DECOMMISSION" d 13 MEANS THE TIME AT NHICH A NUCLEAR POWER REACTOR FACILIT4 14 PERMANENTLY REMOVED FROM1THE SERVICE OF PROVIDING PONER.- 15 Section 303. Reconciliation of control account'., l 16 (a) Intent.--It is the intent of;this section to provide a. t 17 procedure to assure that each fund contributor be provided 18 credits,'to the extent;of its final reconciliationiaccount_ ( 19 value, against surcharges-to be imposed on -all waste depositors 20 under section 315(c) of the Low-Level-Radioactive-Naste. Disposal 21 Act.- 22 (b) Reconciliation period for-final reconciliation control; 23 account.--The final reconciliation-account value of each .[ 24 contributor shall be reconciled over ten annual' reconciliation 25 periods against any surcharges on waste depositors imposed by L 26 the department under section 315(c) of the Low-Level Radioactive-A 27 Waste Disposal Act. The'first-annual reconciliation period shall 28 commence with the first day of the first month of the fifth 29 calendar quarter during which waste is deposited in the regional-30 facility. 19890H1743B3112 J u. (N

{.

~ -. - - - - - _ _ ~ - - - - - _ _ 1-(c)

Rec noilictica crcdits.--For occh

^k '2' period,-thi d:psrtment'shall determincanuti rectnciliation 3 all surcharges to be imposed under sectie'the reven 3 g 4-Level Radioactive Waste Dispos lon 315(c) of the Low-4 5 a an additional amount ~ equal to one-tenthAct and. a [ I 6 reconciliation' control account value of the final-7 annual reconciliation period revenue, the~ sum to be termed t, period surcharge rate applicabl. An annual reconciliatio,n-9 period d1Gposal operations e to current reconciliation the annual reconciliation periodshall be then determin p 10 11 WASTE CLASSIFICATIDN of waste d revenue by the total volume ANDe 'k 12 by all waste depositors during theposited.in the. regional fac 13 annual surcharge rate thus determinede preceding 12 mon . The. 14 volume AND WASTE CLASSIFICATION of w shall be multiplied'by-the 15 regional facility in the current re aste deposited at the 16 waste depositor and the resulting conciliation period by each 17 such waste depositor. The surchar surcharge assessed upon~ ea 18 depositor who is a' fund co t ge assessment of such a waste 19 amount up to one-tenth of its finaln ributor shall be. cr 20 value. If, in any reconciliation reconciliation account < 21-surcharge assessment shall: be lesperiod, the applicabl q 22 contributor's final reconciliations than one-tenth of t t s-23 may be carried over and usable as account value, the difference - 24 applicable surcharges in the next additional credit against 25 alternatively applied to any pe . reconciliation period or 26 315(a) of the Low-Level Radioa tirmit fee icaposed under sect j 27 Section 304. c Records and audits. ve Waste Disposal Act. 28 (a) Records.--In addition to the p 29 accounts specified elsewhere in thi articular records and 30 times during the effective p2ri act, the department, at all s 19890H1743B3112 od of this act, shall maintain i

1 'such coditional rccords cad cecounto in cuch .g 2: will cIlow detailed review,.-examination'and audit ra ond mann3r 00. 3-Auditor General, of all monetary transactions ,sby the 4 act. pursuant to'this. 5. (b) Fiscal audits.--W1 thin 120 days following Jun i. 6 e 30 of' each of the fiscal years'1990 through 1994 and the fi (- .7-in which.the facility _begins licensed operations, th sca3 year: t 8 shall' furnish to each= fund contributor three copies of a 9 financial audit performed in'accordance with gen I 10 erally' accepted ~ auditing standards compatible with the most intensive cu 11 practices of.the Department of' the Auditor General rrent-12 . Such audit' shall be performed by the Department-of the Auditor Gen 13 (c) eral.- Expenses.--The~ department may withdraw from the f ] 14 such amounts as are reasonab11y necessary und i j and proper for I 15 reimbursement of audit costs. 16 Section 305. Default. 17 (a) Default.--For the purposes of this act 18 , a default shall be deemed to be a material failure to timely 19 make availab'le for-waste deposition a functicning regional facility 20 all material respects to applicable laws In addition t conforming in ~ j 21 other such circumstance or set of circumstances o'any 22 following ehcit itM be deemed to be a -default , any of the 23 t (1) Termination of the contract to be entered int 24 1 the department on or about E o by i 1, 1^;^ MAY 1,i1990,-with a 25 regional facility operator, prior to submittal to th 26 appropriate rederal agency of a license application f e i 27 a facility. or such 28 (2) Failure by the regional facility operator to I 29 commence physical construction of a regional facilit 30 January 1, 1996, at a site'having final app y by 19890H174383112 roval of the -

~ 'P, 1 83crotary of Envitcamental R3spurc3s. 2 (3) Failure by the department.to move forward to site .3 _ approval and to operate a site where there has been a defa 4 by the regional facility operator. 5 (b) Declaration of default.--The' Appalachian states Compa1 5 Commission may declare a default when a majority of BOTH - 7, MMEDATORY AND VOWNTARY fund contributors re y 4 forth in a written declaration, the circumstances constitut 9= the default. 10 -(c) Special rights and remedies.-- 11 (1). Upon the declaration of default, the' rights and 12 remedies specified'in-this' subsection ~shall'be available;to 13 fund contributors, and-duties'specified;by-this subsection 14 shall be imposed on the department; 15 (2) Each fund contributor shall, with'in'60 days of i 16 declaration of default, be' refunded'a pro rata amount of 17 unexpended contributions,Lincludingl actual-interest earned - ~18 thereon', remaining.in the fund in the' proportion that each I 19 contributor's contributions to the date. bears'to the 20-contributions of all contributors-to that date. Con 21 in transit or received by.the department on or after that' 22 date shall not be deposited in the' fund,.but shall be 23 returned:to the sender, i 24 (3) The department shall refund to fund. contributors all 25 moneys, including.the portion thereof attributable to actual. 26 interest earned thereon, previously released'to the facilit 27 i y. operator to the extent that the department has or will 28 receive any or all of-such moneys as a result of-the-default 4 29 From time to time, upon recovery of reasonableTamounts of 30 such moneys, the department shall refund these moneys to ea 19890H1743B3112 ,y a z ~ ..... i i .l.. J'

-t i. i 1 1 ffund contributor in the same pro roto proportien otated in j, 2 paragraph (2). 1 L; '3 (d) Remedies preserved.--Nothing in this section shall be in. 4 any way construed to limit the rights and remedies availab2e to 5 a fund contributor at law or equity. In~no event shall the + 't i 6 department or-the Commonwealth be liable for unrecovered l 7 expended portions of the fund. '8 section 306. Withdrawal from Compact. 9 In the event that a. Compact member state withdraws'from the= i L 10 Compact'before-June 30,.1994, any person in such Compact member: (. 11 state who has made voluntary contributions s'nall be entitled to-12 a refund of such contributions, not to' include any actual 13 interest-earned on such contributions.1The department may, 14 pursuant to section:303, impose additional fees on mandated-i 15 contributors sufficient to provide the amount to be refunded. l 16 This refund shall be paid when such additional fees become 17 available to the department. 18 Section 307. Participation in' regulatory proceedings. 19 (a) Department.--Upon request of ANY ADMITTED PARTY'TO'A <~' 20 -REGULATORY PROCEEDING, INCLUDING.a contributor that is a public 21 utility, the department may agree to appear in proceedings 22 before or present appropriate submittals to that' contributor's 23 public utility regulatory body regarding;the contributor's 24 contribution to-the fund. A contributor making such' request 1 25 shall compensate the department for its actual costs for travel, 26 lodging and other out-of-pocket or administrative expenses 27 incurred in compliance w'.th this request. 28 (b) Affidavit.--If che department does not appear, it wfth 29 MAY submit an affidav!.t providing information relative to such 30 contributions and su; charges relating to the fund and made or 19890H1743B3112,.

s. I$ >.c 6 1 lapos d undhr thic cct.' h m 2 Section'308., Retention of records. 3 Tho' department shall retain, in a reasonably accessible for and place, all records pertaining to contributions, surch J[ i 5 and reconciliations made under this act for a period of seven - !( 6-years beyond its termination. The department shall permit t 7 ;;e_;LeLie ;..eee te ;..:..ee..;e i, p.;;.ne.;.e te ; pel

;L ta i

8

_1;it.;.' ele..

e.. ele. e.e. ' ACCESS. TO ALL RECORDS PER p -9 CONTRIBUTIONS, SURCHARGES AND RECONCILIATIONS M 10 ACT.. + .i 11 Section 309. Construction. 12 This act shall be construed in! pari materia with the^ L 13 Appalachian States ~ Low-Level" Radioactive Waste Compact L .;, th. 14 Redivtie,. r;eieeile. i.eiv and the Low-Level Radioactive W aste '15 ' Disposal Act. 16 Section 310.- Expiration ofl fund._ee;.

.. Le.

, ;;;;

17 -The fund shall expire one year'following the'last day of the-18 tenth annual reconciliation period: pursuant;to section 303 19 Unexpended amounts then remaining'in the fund attributable t 20 o actual contributions, and exclusive of actual interest earnedfo 21 such contributions, shall be refunded to each contributor in the n 22 prcportion that each contributor's contributions to the fund 23 bears to the total of~all such contributions.' Unexpended 24 amounts then remaining in the fund attribu' table to actual inter i. est 25 earned on contributions-shall be transferred to the Lo 26 Waste Fund, as established under the Low-Level Radioacti g 27 ve Waste Disposal Act. I < 28 / CHAPTER S 29 DISCLOSURE STATEMENTS 30 SECTION 501. REQUIREMENTS. 1. o 19890H1743B3112 4 .) ~~ ..,,,,.w -r

1 IN: ADDITION-TO ANY.FROCEDURE,-CONDITION OR=INFORNATION 3, .2 REQUIREMENT OF THE LOW-LEVEL RADIOACTIVE NASTE DISPOSAL-ACT, 4 3; EVERY CONTRACTOR OR CONTRIBUTOR SHALL-FILE THE DISCLOSURE 't 4! STATEMENT REQUIRED UNDER THIS CHAPTER NITH THE DEPARTMENT AND 5 THE ATTORNEY GENERAL. 6 SECTION 502. CONTENT.- 7. TRE DISCLOSURE STATENENT SHALL INCLUDE THE FOLLONING: S. (1) = THE FULL NAME, BUSINESS ADDRESS AND. SOCIAL' SECURITY-9 NUMBER OF TEE CONTRACTOR OR CONTRIBUTOR, OR, IF THE 10 CONTRACTOR OR CONTRIBUTOR: IS A BUSINESS CONCERN,1 OF ANY: 11 OFFICERS, DIRECTORS, PARTNERS OR REY EMPLOYEES THEREOF AND 12 .ALL PERSONS OR BUSINESS CONCERNS HOLDING ANY EQUITY IN OR' 13 DEBT LIABILITY OF THAT MUSINESS CONCERN. IF THE BUSINESS. y - 14 ' ' CONCERN IS A PUBLICLY TRADED CORPORATION, THE DISCLOSURE 2 d 4 : 15 STATEMENT SHALL INCLUDE ALL PERSONS OR BUSINESS. CONCERNS-16 HOLDING MORE THAN 5% OF THE EQUITY IN OR DEST LIABILITY OF 17 THAT BUSINESS CONCERN, EXCEPT THAT, NEERE THE DEBT LIABILITY 18 IS HELD BY A CHARTERED LENDIMG INSTITUTION, THE CONTRACTOR OR 19 CONTRIBUTOR NEED ONLY SUPPLY THE NAME AND BUSINESS-ADDRESS OF i 20 THE LENDING INSTITUTION.; 21 (2) THE FULL NAME,' BUSINESS ADDRESS AND SOCIA'L SECURITY i 22 NUMBER OF ALL OFFICCRS, DIRECTORS OR PARTNERS M ANY' BUSINESS 23 CONCERN DISCLOSED IN THE STATE!!ENT AND THE NAMES AND-24 ADDRESSES OF ALL PERSONS HOLDING ANY EQUITY IN OR THE D'ST E 25 LIABILITY OF ANY BUSINESS CONCERN SO DISCLOSED. IF THE 26-BUSINESS CONCERN IS A PUBLICLY TRADED CORPORATION,.-THE 27 DISCLOSURE STATD1ENT SHALL INCLUDE ALL PERSONS' OR BUSINESS 28 CONCERNS HOLDING NORE THAN 5% OF THE EQUITY.IN OR DEBT 29 LIABILITY OF THAT BUSINESS CONCERN, EXCEPT THAT, WHERE THE 30 DEBT LIABILITY IS HELD BY A CHARTERED LENDING INSTITUTION, 19890H1743B3112 ~ 1-THE CONTRACTOR OR CONTRIBUTOR NE 4 2I Y THE NAME AND-BUSINESS ADDRESS OF THE' LENDING IN \\ 3 (3) THE FULL NAME AND SUSINESS A 4 NEICE COLLECTS, TRANSPORTS, TREATS ANY } , STORES OR-DISPOSES OF-5' RADIOACTIVE WASTE AND IN WEICH THE t 6 MOLDS AN: EQUITY' INTEREST. OR OR CONTRIBUTOR. 7 (4). A DESCRIPTION OF EXPERIENCE A c 8 INCLUDING'ANY-PAST OR PRESENT LICENS -N,' 9 TRANSPORTATION,. TREATMENT,: STORAGE OR 10 s NASTE POSSESSED BY'THE CONTRACTOR OF RADIOACTIVE 11 TOR, OR, IF THE CONTRACTOR OR CONTRIBUTOR 118.A B 12 N,'BY THE KEY EMPLOYEES,'OFFICERSs-DIRECTORS OR PARTNERS i 13 . HEREOF.- (5). A' LISTING'AND EXPLANATION.0F AN 14 VIOLATION OR-PROSECUTION,LADMINISTRATIVE O 15 RDERS OR LICENSE-REVOCATIONS NHICH NERE ISSUED BY-AN 16 E OR FEDERAL AUTHORITY IN THE. TEN YEARS IMMEDIATEL , 17 ARE PENDING OR HAVE RESULTED IN A F 18 A VIOLATION OF ANY LAW OR RULE AND 19-TION BY THE1 CONTRACTOR OR CONTRIBUTOR, OR, IF THE CONTR 20 ACTOR OR-CONTRIBUTOR IS A: BUSINESS CONCERN 5 OFFICER, DIRECTOR OR PARTHER THEREOF,-BY A 21 22 (6) A LISTING AND EXPLANATION OF ANY J 23 LIABILITY OR CONVICTION WHICH NAS REN NT OF 24 STATE OR FEDERAL' STATUTE OR. LOCA 25 CONTRACTOR OR CONTRIBUTOR, OR, IF THE CO E,.'AGAINST THE G 26 NTRACTOR OR CONTRIBUTOR IS A BUSINESS CONCERN 7 OFFICER, DIRECTOR OR PARTNER THEREOF, AGAIN 27 y a 28 (7) A LISTING Or.ALL LABOR UNIONS AND g 29 ASSOCIATIONS-NITH WHICE THE CONTRACTOR a ND BUSINESS q 30-COLLECTIVS BARGAINING. AGREEMENT D 19890H1743B31'12 E' PRECEDING TEN d ! i I ~

y t: I 1: YEARS. t 2. \\ (8) A LISTING OF ANY AGENCIES 'OUTSID 3 WBICE MAD REGULATORY RESPONSIBILITY COMMONWEALTH i y e' \\ ![ CONTRIBUTOR IN CONNECTION WITH BIS i 5 TRAMSPORTATION, TREATMENT, STORAGE OR DI

CTION,

.i i 6 SPOSAL OF RADIOhCTIVE NASTE. i g 7' (9) ANY OTHER INFORMATION THE ATTOR S DEPARTMENT MAY. REQUIRE THAT RELATES T AL OR TBE-k 9. b RELIABILITY OR GOOD CHARACTER OF TEE CO THE C 1 10 i' CONTRIBUTOR. ONTRACTOR OR- ? 11 SECTION 503 PROCEDURE. I 12-(A) . INVESTIGATIVE REPORT.--THE ATT 13 WITRIN 120 DAYS 0F THE RECEIPT OF TE s .14 .THE CONTRACTOR OR CONTRIBUTO '15 l. DEPARTMENT AN INVESTIGATIVE REPORT THE 16 CONTRIBUTOR,-BASED IN PART UPON THEOH THE CONTRA 17 THAT THIS DEADLINE MAY BE EXTENDED DISCLOSURE STATEMENT, EECEPT } 18 TIME, FOR GOOD CAUSE, BY THE DEPART.FOR A REASONA 19 GENERAL. IN PREPARING THIS REPORT MENT AND THE ATTORNEY 20 REQUEST AND RECEIVE CRININAL HISTOR, THE ATTORNEY 21 FEDERAL BUREAU OF INVESTIGATION Y-INFORMATION'FROM.TREL 22 (B) DUTY OF CONTRACTORS AND CONTRIBUTO 23 AND CONTRIBUTORS SEALL HAVE THE CON RS.--ALL CONTRACTORS 24 ASSISTANCE OR INFORMATION REQUESTE TINU 25 ATTORNEY GENERAL AND TO COOPERATE IND B 26 INVESTIGATION CONDUCTED BY THE ATTOR ANY g 27 }- INQUIRY, INVESTIGATION, OR HEARING CONNEY GENERA 28 IF, UPON ISSUANCE OF A FOR!tAL REQU DUCTED BY THE' DEPARTMENT. fi$- 29 PRODUCE INFORMATION, EVIDENCE OR TEEST TO ANSNER m a 30 CONTRIBUTOR REFUSES TO COMPLY STIMONY, ANY CONTRACTOR OR 19890H1743B3112 , THE AGREEltENT OR CONTRACT WITH - 19 ~ 4 6

1i THAT PERSON MAY BE REVORED BY TRE L* 2: (C) FEE.--THE ATTORNEY GENERAL MAY CEAR , IN-3 d ACCORDANCE NITE A FEE SCEEDULE ADOPTED t SUCE FSES I .4-FRON CONTRACTORS AND CONTRIBUTO s Tat COSTS or ENrORCING Tars ACT. tab rEE J= 1 TER BASIS OF,$100 PER EACE INDIVIDUAL REQUIRED 4 OH 6 i -7 TRE DISCLOSURE STATENENT OR SBONN 8: OTEER TEAN.AN~ EQUITY INTEREST OR D 9 OF-THE CONTRACT 0R OR-THE CONTRIBUTOR. i. ( i. _ 10 (D)' L. CHANGES AND, ADDITIONS.--IF ANY OF T8E INFORMATIO 11L REQUIRED TO BE INCLUDED IN THE DISC 12 IF ANY ADDITIONAL INFORMATION SHOULD , OR FILING 13.0F THE STATEMENT, THE CONTRACTOR OR CONTR 14 IDE THAT INFORMATION TO THE DEPARTMr.NT 15 NRITING,'NITHIN 30 DAYS OF THE CHANGE OR ADDITION 16:. SECTION 504. RULES AND REGULATIONS. 17 THE DEPARTMENT WITH THE ADVICE 0F T i 18 IN THE IULNNER PROVIDED DY-LAN, SHALL PROMULGATE 19 REGULATIONS'NECESSARY TO CARRY OUT THIS CH l' 20 . CHAPTER.11 21 MISCELLANEOUS' PROVISIONS ? 22 C;,e.ie. 1101. Ke;;eeeti;ily r l 23 Ce.;;e.. 00; ef ;.'.h ee, ei..n L ;;;..eee;i; te Ll., L 1000. 24 Section i M R 1101. Effective date. 25 This act shall take effect immediately. ~ y;' F20L35DGS/19890H1743B3112 20 - k e.- u 6.m.e e--er-e -g +v..+, ...e...*-eve.e.--w,..we.y.---w .e$d pe w-p ce (

'~ ~ Y7Y 1 (RCVISOR )-; CMA/KL. 90 4545 ,y 4 i ) c. 589' 8 tate of Minnesota.. HOUSE OF REPRESENTATIVES 1 i "="? He Fe Noe 2311 a G fwd, Venenen. Osnwat and ime. ob.34.1990 evtrennent and Natural Referred to the Comenitene en i resa ' M and Adopusa of Repset: leIwYS,1980. Rose 1 A bill for an act' I 3 relatti I ~ low-leve. to weste prohibiting certain types of 3 other than licensed facilitiesl radioactive weste from being disposed of at 4 new law in Minnesota Statutest proposing coding for chapter 116C. 6 SE 2T ENACTED BY TEE !.EGIStATURE OF TEE STATE OF MIDOICSO 7 A: Section 1. (116C.850) (FINDINGS; PURPOSE.1-i 0 Subdivision 1..[rINDINGS.) The leoislature finds that the 9 unreoulated processire and dieconal of low-level radioactive le waste nose certain environmental riska and economic 11 pendino action by costs. The the United states Nuclear Reculatory r 12 C~ mission to desionate certain low-level radioactive wast 13 _'below reculatory concern" means the state murt establish an e as [ 14 additicnal radiation monitorino system to orotectthe oublic 15 Lnterest and the environment. 16 subd. 2. (PURPOSE.) the corpose of sections 1 to 3 is tos 17 1_1) avoid the costs that would be incurred if radioactive 18 r waste divoosal is dereculated by the federal covernments_ 19 12) reautre all low-level ' radioactive waste reoulated as of 28 January 1. 1990, to remain reculated, so that it must be stored 21 or discesed of at facilities speelfically licensed for that 22 Durcoset 23

13) avoid needless dissemination of radioactivity 24 envlronment into the 25

14) encouraae the Midwest I*

interstate 1,ow-1evel Radioactive h 1 ., esp s uum * " " ' " " ' ' l l l, ~.

1 (RRv1SOR I Cem/RL 90-4545 3 ht n 3 t h h v n 4 in sections 1 Soc. 2. -(116C.Illi (DSFINITIOus ) \\. S lJubdivision 1. v - IFAC21,1Tr.] frac 111tva han the 8 1 I 4 t 7 meanine ,t h (14W* LEVEL BADICACTIVR WASTE.1 " _ j r h 8 i w 3 g of or contains 19 gesulatio'ma titi ,I t il 21 1983. 'c 12 see. 3. (11ec.882) (LOW. LEVEL RAD 10hCTIV 13 En low-level radi e:;ive waste may b E WASTE DISPOSAL.] 14 e treated, reeveled. t 15 h voent at a facility that 16 (L333 a n e v n .stotaoeg 17 6 waste has been reclassified as "below rec lordless v v t 18 6h n u atoq t 19 nt bo g tv Connission 20 & t o 31 r n Sec. 4 (RFFECTIVE DATR I 23 on 3 te 23 f etiv enactmem h _. day fo M l i 2 k l. I l I I t

_ _. _. - ~ _ _ _ _ _. ~ _ CflfC! SENKrE &"1R 1052 - NATE OF hENNE80TA S.F. No. 2195 ru. -f t j l ,1 I .\\ Intsedeood by moroes porrasse Devak; Poe,-D. M. and Beesk. Reed First M ao Feb. 38 1990 and Referred to the !i OsmaltteeemBevlemense,tmednaturalmessesses. Osummittee h atica. To Fees as Amended. f Osnaattee mopert Mopted mar. 21, 1990. . ) Boed anseen Time mer. 31, 1990. s f: t - 1 I. 1 -A bill for an act 2 relating to wastes prohibiting certain types of I 3 low-level radioactive weste from being dlerosed of at 4 other than licensed facilitiess providing for a task t' S force on r&dioactive waste deregulations proposing 6 modtag for new law in Minnesota Statutes, chapter 116C. 7 SE IT ENACTED IT TEE LEGISLATURE OF THE STATE OF MINNESOTA: 8 Sectica 1. (116C.851] (DEFINITIONS.) 9 subdivision 1. (l'ACILITY.) 'racility' has the Peanine + 10 g}ven in section 116C.831, article !!, corsersch f. 11 Subd. 2. (LON-LEVEL RAC10 ACTIVE WASTE.] ' Low-level 12 radioactive waste' eeans waste that eensletr. of ee contains 13, cleos A, e, or C redioactive waste as define.1 by Code of Federal le raculations, title 10, section 61.55, as in effect on January 15 26, 19a?. 16 Sec. 2. [116C.852) (LOW-LEVEL RADI0 ACTIVE NASTE DISPOEAL.) 17 No lo~1evel radiometive weete may be trested, recycled, 18 stored, or disresed of in this state except at s faellity that 19 is erecifically licenced for treateent, reevelino, storace, or I 20 diacocal of low-level radioactive waste reettdless of whether or 21 not the warte has been reclassified as 'belov reculatory 22 copeern' by the United States truelear Reculatory C~e91ssion 23 purtuant to a aenerie rule or standard adopted after January 1. -24 1990. 25 Sec. J. [ DUTIES OF THE ADVISORY TASK TORCE ON RADI0 ACTIVE 26 WASTE DEREGULATION.) 1 L mamme ,m 5 n a - - - - -... -. - - - + ,,-m ,-e r ---s,

.... ~ - _ _ _ _ -. e. ar:1ps rzast suonossamrr. (ArVisoa ) 1.s s2196-1 '.'.\\ 1,, ..The advisory task force on radioactive vaste dereaulation t l. ',s g 3 111_pesien and f aitiate a study that w111: L I- ,1 til be a cost-benefit analysis of deresulation of s J $ ' low-level

• radioactive waste costs, includine esoulatory,

't

6. Mth, and environmental costs and benefits, includine both 7 dellar and @ 1lar benefits in both the lone tore and the 8 short ters 9

1111 he eensleted by October 19911 ,) 'j 19 121 determine who will conduct the studyf 11 131 determine the timelines for the studyr [ 12 (41 evaluate the oost-benefit studyr 13 (51 make ree

.detions to the leelslature by January 1.

14,M 1s sec. 4. (ADf!80RT TAst FORCv..). s 16 The leelslative commission on vaste menacement shall 17 apoolat an advisory task force on radioactive waste le derseulation. The task force must include representatives from 19 the offlee of waste sanacement, collution control asenggg 20 departeent of health, a public interest consumer advocate 21 oreanisation, creanised labor, environeental oceanisations, and 22 affected industry. The task force shall coordinate with the 23 United states nuclear Reculstery Cenmission. The members shall i I 24 serve without co*oensation. 25 sec. 5. [ REPEALER.)' 25 Sections 1 to 4 are repealed ef fective Jurt 30, 1992. 27 Sec. 5. [ EFFECTIVE DATE.) 20 ractions 1 to 4 are effective the day followine final 29 enactaent. 2 v e s.

m -t m.# y (./l} jptj Q, 3 - y.) .a w w U E ' T. ' BEFORE THE BOARD OF SUPERVISORS' OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA reb'O'lly j idSOLUTION N0. '47-89 j-duly seconded by Supervisor'h A 0

• On the motton of Supervisor Mehl the following resolution is adopted

..l RESOLUTION ESTABLISHING A POLICY AGAINST ACCEPTANCE OF i 1 ANY PRESENTLY REGULATED RADICACTIVE WASTES IN ANY l LANDFILL, SEWAGE SYSTEM, OR OTHER DISPOSAL FAch.!TY i OPERATED BY THE COUNTY OF SANTA CRUZ1 i l t WHEREAS the United States Congress and the United States Nuclear Regulatory desmission have approvec the concept of derepulating various radioactive wastes which are now censidered to be " low evel"' wastes, requiring special treatment, handling, and di6posal facilities,'and have approved the " linguistic detoxificat' on" of such radioactive wastes.: by ~ _l declaring them to be "below regulatory concern;" and WHEREAS ' if such federal proposals for deregulation are carried'out, such deregulated radioactive wastes would go to landfills, sewers, incinerators, and other fa:111 ties for solid,' liquid, or hazardous waste, which are neither designed nor intended to take radioactive wastest and WHEREAS, it has been estimated that more than 30% of the volume of what is currently considered " low level" radioactive waste could be deregulated L by the Nuclear Regulatory Commission; and WHEREAS, evidence is growing that exposure to low levels of ionizing i radiation-have greater negative hes1th effects than previously assumed; and R ~ WHEREAS, radiation and chemicals have synergistic effects on the environment, and on human health, and damage to human health and the environment may result from the proposed deregulation of presently regulated nuclear wastes. NOW, THEREFORE, BE IT RESOLVED that the Sante Cruz County Board of Supervisors opposes the deregulation of presently designated " low level" radioactive wastes. and prohibits the acceptance of any such radioactive waste materials, considered-to be radioactive under the regulatory definitions currently in effect, at any solid, liquid, or hazardous waste facility operated by the County of Santa Cruz. l SE IT FURTHER RESOLVED that the Santa Cruz County Board of Supervisors calls for the United States Congress to rescind Section 10 of the 1986 Low Level Radioactive Waste Policy Amendments Act (PL99-240) which authorizes / and requires the Nuclear Regulatory Commission to set standards for wastes considered to be "below regulatory concern." i PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this 7tn day of February ,1989, by the following vote: ATTACHMENT S 6L ze y seet ces sir o n n tem om ce:se sest m e 4

l re et ~waat 'y . (,. . :... v (t. y Resolution No.'47-89 RESOLUTION ESTABLISHING A POLICY AGAINST ACCEPTANCE OF ANY PRESENTLY REAULATED RAD 10 ACTIVE WA$TES IN ANY LANOFILL SEWASE.$YSTEM, OR OTHER '" D15P0$AL FACILITY OPERATED BY THE COUNTY OF IANTA CRUZ j; Page $ j-AYES: SUPERV!50R$ ' Beauta, Levy, Mehl, Reeley, Patton- ,1 NOES:- SUPERVISORS None ABSENT SUPER SOR8 J SW o pervisors , ATT17sT: '/MM ergo"snejuo i Approved as.to fom: - I Hansey c:.' t'.": -m -. mc:o imensa . es.a..co :r.u.:

.u.... u.. ;'.a p un

...... a .w rC. ...;.0 j f ~ 2 T.: *:.' eBCT. ..; '.. v. C

CAR ini L

2 0 s E :;':; G F. g ..:..? g'J'8 V'8088 ?! county tow $el ~ .gp c DISTRIBUTION: Assembly Member Farr "" '~ i Senator Mello GovernorDeuknejian CSAC county counsel S l I c O&. I re # seet ces sir o n n iciou a seise sesi. ce I ir

n 8 -s j y,., y + Y, I i.l. RE8OLUTI0N- +

WEERIAS, the United.

States-Nuclear Regulator-j. Commission -(NRC) is considering the concept of deregulatin, specific low-level-forms of radioactive, waste to a' statuq designated as "Below Regulatory Concern"-(BRC); j WN M AR, such deregulated; radioactive waste may go. t$ landfills or other facilities for disposal which are neithe& designed nor intended to take such' waste;- WN N AM, there exists; some.' concern relative to the health effects of exposure to low ~1evels of radiation; 1 j NOW, TEEBEFORE, be it resolved' that the~ Monroe County Board of Commissioners-hereby urges.the-Nuclear: Regulatory, Commission (NRC).not to redesignate or reclassify anyf low-level! radioactive waste _ as "Below Regulatory Concern"; BE IT FURTHER RESOLVED that the -Monroe County Board of Commissioners inform the' NRC 'as well xas their federali L legislators of this Resolution. l -- $ I BE IT FURTHER RESOLVED that thes - Monroe County Board} of Commissioners calls for the U.S. Congress to rescind Section 10 of the 1985 Low-Level Radioactive Waste ; Policy Amendments Act ! (P.L. 99-240) which requires the Nuclear. Regulatory Commission i to set BRC standards. l {~ Dated: /0 ~ A I~ O 2 i-- ( RImann E. 3 m4 41 CREW, Chairman Monroe County' Board of' Commissioners. %h bu) i-Wann a j, r= "AU', Clerk-If MonropCounty Board of Commissioners 1 r 1

o m

.

.~ ^ s '88'87/19s9 09182 UBM4C Re3ien V IRC 415 943 3098 P.83' i a.. CA *. LAND CITY COUNC '. 1 a 1: REsoLU110N No. C. M. S.;'.e f'so 1 e 'T$/d[*) y j i j errnoouses av cowwesuesussa W !suG j e ^9: n. 1 i RESOLUTION IN Oppos!T10ll TO FEDERAL DEREINEATION OF RAD 10 ACTIVE, WASTES AS #3314W REGUIATORY CONCERN' a

WHEREAs, the Oakland Wuclear Free Ione Aot declares. that "Even if nuclear weapons-are never used, the transportation and -

-l storage of nuclear weapons or other hasardous radioactive-materials are a serious threat to the health and safety of the people of Oakland.*;. and

WHEREAS, the United states Congress and the Nuclear Regulatory Commission have proposed to deregulate " low level' radioactive wastes, and to declare these-wastes to be 'below.

regulatory concern"; and

WMEREAS, these deregulated radioactive wastes which currently require special handling, treatment and disposal facilities would be deposited in local -landfills, sewers, incinerators. and any other facilities which are not designed or -

intended to hold radioactive waste; and

WNEREAS, this ;proposed deregulation could affect.nore-than 30% of all " low leve;n radioactive waste; and.

WHEREAS, exempting these radioactive wastes as "below regulatory concerna would exposa Cakland's residents and-particularly persons working with such wastes to ionising e

radiation which evidence shows has greater negative health effects than previously assumed; and i

WHEREA8, although there is an urgent need to develop viable approaches to radioactive vaste disposal,- legislating it 'below regulatory cencarn" is a poor solution given the potential public health, safety and environmental' impacts; therefore, he it

~ ,8 W e# 9 e e g e 4 es e es ,g e e 4 1 3 a

7

+.)., 88/e7(19e9 esses a Resten v 1Rc cas943seasfPe4 ,i - / I ,lij l RESOLVED, that the Mayor and City Couneli oppose the deregulation t !j' of radioactive vaste.eurrently designated as alev level' and salis upon the United states congress to reesind Section 10 of the 1985 Low tevel Radioactive Waste Pelley Amendments Act-(pL 99-24c) 'which authorises-and requires the Nuclear Regulatory ceanissian to set "below regulatory concern" standards; and be it further' l' RE80LVED,- that the Mayor and City Council. will 4 l

l-transmit-La sopy of this resolution te - our state and : Federal i

representatives and urge them to halt atten. pts to. legislata away. potentially hasardous nuclear wastes by teclaring thes to be- "below regulatory. concern". 1 I i ii l l j-i: [ IN COUNCIL, OAXLAND. CALIFOMNIA, ,19 PAS $50 BY THE POLLOWING VOTE: AYES-BAZILE. CANNON, GISSCN. OILMOME, MCC AE. OGAWA. AlLES, SPERS. and PRES 40 TNT WILSON i e NCES-ASSENT-i i ASSTENTION-i ATTEST: ) AMRECE JAutSON city c:m ano c:m oe counei TOTAL P.e4 j ... -}}