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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
161
:
DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE
§
7012. Responsibilities of the authority
(a) The
authority, while informing and consulting the public throughout, shall carry
out the actions necessary to fulfill the requirements of the timetable in
section 7002 of this chapter.
(b) The
authority must comply with the rules adopted by the agency and with any fee
approval conditions of the public service board under sections 7020 through
7024 of this title, even if they impose requirements more stringent than
federal requirements, and the authority must obtain all applicable state and
local permits for the disposal facility authorized by this chapter, except that
the facility is not subject to certification under section 6605 of this title.
(c) If a
low-level radioactive waste disposal facility is constructed by the authority,
the authority shall provide for the operation, maintenance and closure of the
facility and shall provide for all necessary actions during the institutional
control period. The authority shall place information about the facility and the
waste placed in the facility in appropriate state and local records.
(d) In
performing the study to determine the appropriate permanent disposal technology
for long-lived waste, required by subdivision 7002(a)(2) of this title, the
authority shall consider a deep-mined facility in-state, technologies not
normally examined in the United States for disposal of low-level radioactive
waste, and all other technologies reasonably available.
(e) In
performing the study, required by subdivision 7002(a)(2) of this title, to
determine the maximum appropriate separation of long-lived waste, the authority
shall consider the various techniques potentially available, their costs and
incremental risks. The risks to be considered should include radiological and
other risks to workers, the public and the environment from the separation
process and from the disposal of the separated wastes in the facility
authorized by this chapter and in any expected permanent disposal facility for
the long-lived waste.
(f) Prior to a
decision to prepare a draft license application and the submission of that
decision to the legislature, the authority shall:
(1) conduct a
social and economic impacts study to determine the short-term and long-term
effects from the proposed disposal facility on the Vermont municipalities which
contain, or which are adjacent to municipalities containing, the proposed site
and determine the appropriate impact fees to be paid;
(2) prepare a
report on the strengths and weaknesses of the site that has been characterized
and comparing the site to the best potential alternative site as identified by
the authority;
(3) negotiate
with the municipality, or each municipality, where the proposed site is located
any impact fees, other payments, or conditions to be included in the proposal
to be submitted to the voters and in the petition to be submitted to the
legislature;
(4) hold at
least one public hearing near each site; and
(5) obtain the
consent of a majority of the voters, present and voting at a duly warned
meeting, of the municipality, or of each municipality, where the proposed site
is located.
(g) For any
particular site, including the Yankee site, the authority may perform any of
the requirements of subsection (f) of this section as soon as appropriate.
(h) Prior to a
decision to characterize another certified site, the report on the strengths
and weaknesses of the previously characterized site must be completed. However,
a decision to characterize another site will not prohibit a later decision to
prepare a draft license for any previously characterized site, if otherwise
appropriate.
(i) A petition
to the legislature to prepare a draft license application must be accompanied
by a proposed financing plan for legislative enactment to cover the
construction costs of the facility, unless the authority has opted to raise
construction funds under the provisions of section 7015 of this chapter.
(j) The
authority in deciding on the specific disposal plan required by subdivision
7002(a)(20) of this title for the permanent disposal of the long-lived waste
shall thoroughly examine all reasonable alternatives to leaving the waste at
the disposal facility authorized by this chapter and the option of leaving it
there shall not be given undue weight.
(k) The
authority shall advise, consult, and cooperate with the federal government and
its agencies, the state and its other agencies, interstate agencies, other
states, local governmental entities within this state, and private entities.
(l) The
authority initially shall prepare a budget in reasonable detail, allocating
funds for the year, and shall periodically revise the budget, as necessary. The
authority shall keep an accurate account of all its activities and of all its
receipts and expenditures. Prior to the first day of September in each year,
the authority shall submit a report of its activities for the preceding fiscal
year to the governor and to the general assembly. The report shall set forth a
complete operating and financial statement covering its operations during the
year. The authority shall cause an audit of its books and accounts to be made
at least once in each year by a certified public accountant and its cost shall
be considered an expense of the authority and a copy shall be included in the
annual report.
(m) The auditor
of accounts of the state and the auditor's authorized representatives may at
any time examine the accounts and books of the authority including its
receipts, disbursements, contracts, funds, investments and any other matters
relating to its financial statements.
(n) The
authority shall prepare an annual report on the quantities, characteristics and
any expected treatment of the low-level radioactive waste generated in Vermont
during the calendar year and reasonably expected to be generated through the date
anticipated by the authority for the completion of the decommissioning of
Vermont Yankee.
(o) The
authority shall administer a grant program for Vermont municipalities where a
certified site is located which the authority has decided to characterize and
may administer a similar grant program for Vermont municipalities which are
within five miles of such a site. The grants shall be subject to the approval
of the public service board and shall be used by the municipality to provide
technical assistance and to otherwise assist the community to effectively
participate in the consideration of the site for a disposal facility under this
chapter.
(p) Prior to the
commencement of operation of the disposal facility, the authority shall
establish a disposal fee, to be approved by the public service board, for any
waste that must be accepted by the facility for disposal on which the service
fee has not been paid under subsection 7013(e) of this title or for which
capacity has not been contracted for under section 7015. The disposal fee must
cover, pro rata, all costs and expenses contemplated by this chapter.
(q) The
authority shall provide free of charge a copy of any public document within its
possession, upon request, to any municipalities which contain, or which are
adjacent to municipalities containing, an alternative site or the Yankee site.
(Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)