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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
161
:
DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE
§
7013. Low-level radioactive waste fund
(a) There is
hereby created in the state treasury a fund to be known as the low-level
radioactive waste fund, to be administered and expended by the Vermont
low-level radioactive waste authority.
(b) The fund shall
consist of:
(1) the balance
in the radioactive waste management fund as of the repeal of section 6512 of
this title;
(2) fees
assessed under subsections (e) and (g) of this section and under subsection
7012(p) of this title;
(3) any monies
required for the financial assurances, and pre-paid construction funds raised
under section 7015 of this title;
(4) any grants
from the federal government or from other sources accepted by the governor for
deposit into the fund; and
(5) rebates of
any surcharges collected for the disposal of low-level radioactive waste
generated in Vermont pursuant to the Federal Low-Level Radioactive Waste Policy
Amendments of 1985 (P.L. 99-240) and deposited in escrow pursuant to section
5(d)(2) of such law (42 U.S.C. § 2021e(d)(2)).
(c) All balances
in the fund at the end of any fiscal year shall be carried forward and remain a
part of the fund. Interest accruing from the fund shall remain in the fund and
shall be allocated proportionately among the accounts provided for in subsection
(i) of this section based on the average principal balance of each account.
Disbursements from the fund shall be made by the state treasurer on warrants
drawn by the director or chair of the authority.
(d) The fund
shall be used to:
(1) provide
staff for the authority, and to pay for all costs related to the performance of
its responsibilities under this chapter;
(2) reimburse
any state entity for all costs incurred in the issuance and enforcement of
regulations and adjudications authorized by section 7020 of this title and for
all other costs for actions and proceedings authorized by this chapter;
(3) provide for
all costs of the long-term monitoring and care of the disposal facility
authorized under this chapter;
(4) cover costs
of emergency responses, remedial action, personal injury and property damage
during construction, operation, closure and long-term monitoring and care of
the disposal facility authorized by this chapter;
(5) cover the
costs of the permanent disposal of the long-lived waste;
(6) pay the
costs associated with any community and project safety plan required under
subdivision 7024(a)(9) of this title; and
(7) cover any
liability of the authority or of any other state entity arising out of
activities under this chapter.
(e) A service fee
shall be levied on all low-level radioactive waste generated in this state,
whether shipped to a disposal facility or stored awaiting disposal. Initially,
the service fee shall be $10.00 per cubic foot. Periodically or as necessary,
the service fee shall be set by the authority in an amount sufficient for all
current and future expenses allowed under subsection (d) of this section,
except for construction costs of the facility authorized by this chapter. The
service fee shall be approved by the public service board under section 7020 of
this chapter. Whenever the authority requests approval of a service fee by the
public service board, it shall estimate the totals needed in each of the
segregated accounts required by subsection (i) of this section. The estimates
shall contain appropriate contingency amounts. The authority may set the
service fee on the basis of volume, curies, hazardous constituents or a
combination of those characteristics, as appropriate.
(f) The service
fee of subsection (e) of this section and the assessment of subsection (g) of
this section, shall not apply to low-level radioactive waste which was
authorized, as of January 1, 1990, under regulations of the United States
Nuclear Regulatory Commission, to be stored for decay on the site of generation
for less than one year and disposed of as though it were not radioactive. The
authority shall identify those wastes which are exempt from the service fee,
consistent with the intent of this section.
(g) In order to
provide funds for the timely commencement of the regulatory responsibilities of
state agencies and for the initial activities of the authority, there shall be
imposed an immediate assessment of $1,000,000.00 levied proportionately on all
generators of low-level radioactive waste, based on the volume of waste
generated in calendar years 1986-1989. The authority shall make these
assessments within 60 days of June 29, 1990 and the generators shall pay them
within 30 days of the assessment.
(h) The service
fee for Vermont Yankee shall be adjusted such that its portion of the total
funds needed for all current and future expenses will be accumulated no later
than the end of the operating life of the plant. The service fee for all other
generators shall be adjusted to accumulate their shares no later than the date
they expect to cease generating waste and in no case later than the expected
date for closure of the disposal facility authorized by this chapter.
(i) The fund
established by this section shall be segregated into four accounts: one account
for expenses expected prior to the end of the operating life of Vermont Yankee,
except construction costs; a second account for expenses, including ongoing
capital costs, expected after the end of the operating life of Vermont Yankee;
a third account for the costs of the permanent disposal of the long-lived
waste; and a fourth account for construction costs. Funds in each account shall
be used only for the stated purpose of the account and shall not be transferred
between accounts without approval of the public service board. If the public
service board finds, upon petition, that any of the accounts contains funds
substantially in excess of those reasonably expected to be sufficient for all
current and future expenses of the account, the public service board may
require any excess in that account to be returned to the generators on an
equitable basis. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)