§7012. Responsibilities of the authority

Link to law: http://legislature.vermont.gov/statutes/section/10/161/07012
Published: 2015


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Conservation and Development






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


(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


(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


(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.)
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