The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 161: Disposal of Low-Level Radioactive Waste

• § 7000. Implementation of the provisions of this chapter

  (a) There shall be no further implementation of the provisions of this chapter unless authorized by an act of the General Assembly. Any such act authorizing further implementation of this chapter shall include provisions that establish or designate an entity to accomplish the functions previously assigned, under this chapter, to the Low-Level Radioactive Waste Authority.

  (b) The Low-Level Radioactive Waste Fund created under subsection 7013(a) of this title shall be terminated after funds are transferred in accordance with subdivision 7067(b)(4) of this title. (Added 1993, No. 137 (Adj. Sess.), § 5.)

• § 7001. Definitions

  As used in this chapter:

  (1) “Adequate financial assurance requirements” mean a requirement, or combination of requirements, for the Authority and for generators of low-level radioactive waste to have financial responsibility instruments or arrangements that, considering the Fund established by section 7013 of this chapter and all other relevant information, are sufficient to ensure, to a high probability, that the Authority will be financially able to carry out its responsibilities under this chapter.

  (2) “Agency” means the Agency of Natural Resources.

  (3) “Authority” means the Vermont Low-Level Radioactive Waste Authority.

  (4) “Closure” includes post-closure observation and maintenance.

  (5) “Construction costs” mean pre-operational capital costs, site acquisition costs, and any permit and license fees for the facility authorized by this chapter.

  (6) “Expected low-level radioactive waste” means the low-level radioactive waste from the normal operation of the Vermont Yankee facility, during its licensed operating life, including decommissioning waste, and from the normal operations of the currently licensed low-level radioactive waste generators in Vermont through the expected date for completing the decommissioning of Vermont Yankee, plus a small emergency contingency reserve.

  (7) “Low-level radioactive waste” means radioactive material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material, as defined in 42 U.S.C. § 2014(e)(2), which the U.S. Atomic Energy Act of 1954, section 11(e)(2), and that material the U.S. Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste.

  (8) “NRC” means the Nuclear Regulatory Commission or any successor agency.

  (9) “Person” means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, or other legal entity, or any legal successor to or representative, or agent.

  (10) “Public comment” means ample opportunities for public input, including at least prior availability of a draft decision, policy, or rule, two public hearings in different areas of the State, warned at least twice with a first warning not less than 30 days prior to the hearing by notice to daily media outlets in the area and statewide, and preparation and distribution of a response summary to all comments received.

  (11) “Shallow land burial” means the burial of waste within an unlined subsurface trench without additional engineered structures or enhancements designed to minimize migration of radionuclides.

  (12) “Siting plan” means a plan which reflects the standards, procedures and timetables of this chapter and meets the requirements for a siting plan of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240) (42 U.S.C. § 2021b et seq.).

  (13) “Yankee site” means a site for a low-level radioactive waste disposal facility on land presently owned by and contiguous to the Vermont Yankee nuclear generating facility. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• § 7002. Timetable and responsibilities

  (a) The following timetable and responsibilities shall be adhered to:

  (1) Within 60 days of June 29, 1990, the Governor shall appoint the initial members of the Authority.

  (2) As soon as practicable, the Authority shall, after public comment, initiate a study to determine the maximum appropriate separation of long-lived waste, the appropriate level of recoverability of such waste, and the appropriate permanent disposal technology and cost for that waste.

  (3) As soon as practicable, the Authority shall initiate the site characterization of the Yankee site.

  (4) As soon as practicable, the Authority shall begin collecting data for the screening of the Town of Vernon and of the rest of the State in order to identify potential alternative sites for a disposal facility.

  (5) Within 270 days of June 29, 1990, the Agency shall, after public comment, adopt rules establishing the siting, screening, and certification requirements under sections 7021 and 7022 of this title.

  (6) On or before November 1, 1991, the Authority shall:

  (A) complete the characterization of the Yankee site;

  (B) after public comment, select at least three potential alternate sites, including one in the Town of Vernon.

  (7) Within 60 days of the submission by the Authority of a request for certification of a potential alternative site, the Agency shall decide if the site meets the applicable siting requirements.

  (8) As soon as practicable, the Authority shall, after public comment, decide whether to characterize a certified site other than the Yankee site or to complete the requirements of subsection 7012(f) of this title for the Yankee site. Then, if the Yankee site has been certified by the Agency as meeting the siting requirements and if the requirements of subsection 7012(f) have been completed, the Authority may decide whether to prepare a draft license application for a disposal facility at the Yankee site.

  (9) On or before December 15, 1991, the Authority must decide either to characterize an alternative site or to prepare a draft license application for a facility at a previously characterized site. Then, initially before January 15, 1992, and subsequently within 30 days of any similar decision, the Authority must petition the General Assembly under chapter 157 of this title for approval of its decision.

  (10) If the General Assembly approves a petition to characterize an alternate site or sites or if it directs the characterization of an alternate site or sites, then the Authority must begin characterization and, within 18 months of the legislative decisions, the Authority must complete characterization. Following the completion of characterization, the Authority must again decide whether to characterize another certified site or sites or to complete the requirements of subsection 7012(f) for the characterized site. Then, if the requirements of subsection 7012(f) have been completed, the Authority may decide whether to prepare a draft license application for a disposal facility at a characterized site.

  (11) If the General Assembly approves a petition to prepare a draft license application or directs the preparation of a draft license for a disposal facility at a particular characterized site, the Authority shall, within six months of the legislative action or the effective date of the rules required by sections 7023 and 7024 of this title, whichever is later, after public comment, submit a draft license application to the Agency for review.

  (12) Within 18 months of June 29, 1990, based on the results of the study required in subdivision (2) of this subsection and after public comment, the Authority shall:

  (A) make recommendations to the Agency for rules on separation and recoverability of long-lived waste;

  (B) make recommendations to the Agency for rules on the disposal facility design standards; and

  (C) make an initial report to the General Assembly and to the Public Service Board on the possible appropriate technologies, and their costs, for the permanent disposal of the long-lived waste.

  (13) Within six months of receiving the Authority’s recommendations and after public comment, the Agency shall adopt the separation, recoverability, and design standards under section 7023 of this title and the draft license application standards and review procedures under section 7024 of this title.

  (14) By July 1, 1992 after public comment, the Authority shall petition the Public Service Board for approval of a service fee under subsections 7013(e) and 7020(b) of this chapter and shall propose adequate financial assurance requirements as part of the same proceeding.

  (15) Within six months of receiving the draft license application, the Agency must complete its review.

  (16) Not later than 30 days after completion of the review of the draft license application by the Agency, the Authority shall apply to the U.S. Nuclear Regulatory Commission for a license to construct and operate a disposal facility in the State.

  (17) Not later than 30 days after completion of the review of the draft license application by the Agency, the Authority shall apply for a land use permit under chapter 151 of this title.

  (18) Within 180 days of obtaining a license and a land use permit, the Authority shall begin construction of the disposal facility.

  (19) As soon as practicable, the Authority shall begin operation of the disposal facility.

  (20) Within 120 days of the completion of decommissioning of the Vermont Yankee nuclear generating facility, the Authority shall begin closure of the disposal facility.

  (b) Subdivisions (a)(3) and (a)(6) through (a)(20) of this section may be, but need not be, complied with if, at the time the action is required, the State has entered into a compact or agreement adequately providing for the out-of-state disposal of the expected low-level radioactive wastes. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2009, No. 33, § 31; 2019, No. 131 (Adj. Sess.), § 39.)

• §§ 7003-7009. [Reserved for future use.]

• § 7010. Repealed. 1993, No. 137 (Adj. Sess.), § 4(a), eff. April 21, 1994.

• § 7011. Powers of the Authority

  In addition to any powers conferred or implied elsewhere by this chapter:

  (1) The members may meet as often as necessary to carry out the responsibilities of the Authority. Meetings shall be held at the call of the Chair or on written request to the Chair by two members. The Authority shall keep complete minutes of all its meetings and other proceedings and shall preserve its records of all kinds.

  (2) As soon as practical after appointment, and at appropriate intervals thereafter, the Authority shall hold public hearings in various locations throughout the State to obtain the reaction of the general public to the way the Authority proposes to carry out its responsibilities.

  (3) The Authority may appoint a Director to be the Chief Administrative Officer of the Authority. In addition to any other duties authorized by the Authority, the Director may:

  (A) hire and supervise staff and negotiate and execute contracts as authorized by the authority and as necessary to fulfill its responsibilities;

  (B) attend meetings of the Authority;

  (C) ensure that the minutes and records of the Authority are properly maintained and preserved;

  (D) approve all accounts of the Authority, including accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof, and expenses incidental to the operation of the Authority;

  (E) prepare an annual report of the actions of the Authority and prepare such other reports as the Authority may request; and

  (F) perform such other duties as may be directed by the Authority in the carrying out of the purposes of this chapter.

  (4) The Authority may:

  (A) adopt and amend bylaws necessary to properly carry out this chapter;

  (B) do all things necessary, convenient, or desirable to carry out the purposes of this chapter or the responsibilities imposed or necessarily implied in this chapter;

  (C) acquire, construct, reconstruct, purchase, hold, maintain, repair, operate, lease as lessor or lessee, dispose of, and use any real or personal property or any interest in real or personal property necessary, convenient, or desirable to carry out the purpose of this chapter and to sell, transfer, and dispose of any property or interest in real or personal property at any time required by it in the exercise of its powers;

  (D) prepare a siting plan for obtaining compliance with the federal Low-Level Radioactive Waste Policy Act;

  (E) apply for, accept, receive, and administer gifts, grants, and other funds available from any source;

  (F) enter into contracts and agreements with the federal government and its agencies, interstate agencies, local governmental entities, or private entities, as necessary, convenient, or desirable for the authority in the performance of its duties and the execution or carrying out of any of its powers under this chapter;

  (G) make, conduct, request, and participate in studies, plans, surveys, investigations, and research relating to selection, preparation, construction, operation, maintenance, closure, and financing of a disposal facility;

  (H) obtain necessary insurance;

  (I) enforce all contracts and agreements as necessary, convenient, or desirable for the authority;

  (J) distribute appropriate impact fees;

  (K) set and collect the service fees, and otherwise administer the low-level radioactive waste, as required by section 7013 of this title;

  (L) ensure that all waste is properly packaged before being placed in the disposal facility; and

  (M) the Authority may refuse to accept at facilities established pursuant to this chapter any low-level radioactive waste from a generator who has failed to follow the reporting requirements established by the Agency under subsection 7020(a) of this title.

  (5) The Authority may not prepare a draft license application for any site nor initiate characterization of any site other than the Vermont Yankee site, without legislative approval.

  (6) The Authority may acquire real property, or any interest in it (including the right to perform site characterization or other investigatory activities) by eminent domain in accordance with the procedures of 24 V.S.A. §§ 3604 through 3610, except that:

  (A) “Necessity” shall mean only a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner; it shall not be measured merely by expense or convenience to the condemning party, but shall, nevertheless, consider the importance of carrying out the purposes of this chapter.

  (B) When the right to do a site characterization or other investigatory activity is sought, the “survey” required by those sections need only be a legal description of the property plus a statement of the activities to be conducted.

  (C) Nothing contained in those sections shall be construed to prevent the Authority from bringing any proceeding to remove a cloud on title or from acquiring any property by negotiation or purchase. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2019, No. 131 (Adj. Sess.), § 40.)

• § 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 Utility Commission 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 General Assembly, 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 that contain, or that 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 General Assembly;

  (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 General Assembly 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 that are within five miles of such a site. The grants shall be subject to the approval of the Public Utility Commission 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 Utility Commission, 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 that contain, or that are adjacent to municipalities containing, an alternative site or the Yankee site. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, amended 1990; 2019, No. 131 (Adj. Sess.), § 41.)

• § 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 rules 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 Utility Commission under section 7020 of this chapter. Whenever the Authority requests approval of a service fee by the Public Utility Commission, 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 U.S. 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 that 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 Utility Commission. If the Public Utility Commission 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 Utility Commission 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; amended 2019, No. 131 (Adj. Sess.), § 42.)

• § 7014. Tax ramifications

  (a) All property and business of the Authority is devoted to an essential public and governmental function and purpose and is exempt from all taxes, franchise fees, and special assessments of whatever nature of the State or any subdivision of the State.

  (b) The Authority annually shall pay a municipality, in which a disposal site is located, an amount in lieu of taxes equal to the amount of property tax that would be paid on such a disposal site by an owner subject to property tax.

  (c) The Authority shall pay all applicable State and local permit fees, including any fees negotiated pursuant to subdivision 7012(f)(3) of this chapter. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• § 7015. Construction costs

  (a) In lieu of proposing a financing plan for the construction costs to the General Assembly under subsection 7012(i) of this title, the Authority may solicit offers to purchase or otherwise commit or contract for disposal capacity in the disposal facility authorized by this chapter. In the solicitation, the Authority should provide an estimate of the proposed design capacity and the expected construction costs.

  (b) No offer may be accepted unless the terms of all such commitments or contracts, taken together, provide for the complete prepayment of all construction costs, exhaust the proposed capacity, contain acceptable terms and conditions, and are otherwise in the best interests of the State.

  (c) The commitments or contracts shall be nontransferable, without approval of the Authority, shall provide for payment on an equal and pro rata basis for all generators and shall provide for the right of the Authority to reacquire, at any time, pro rata from all such commitments or contracts sufficient capacity to meet emergencies or necessary contingencies.

  (d) If the total capacity of all offered commitments or contracts is less than the expected low-level radioactive waste, or if the commitments or contracts provide less than all the construction costs, or if the offers are for any other reason unsatisfactory, then the Authority shall reduce the design capacity of the facility, try to negotiate terms and conditions that will provide the complete construction costs and carry out the purposes of this chapter.

  (e) The Authority may, for any reason, decide to not accept all offers received under this section and decide to pursue an alternative method of financing the construction costs of the disposal facility. If the Authority decides not to accept any such offers, it shall propose a financing plan to the General Assembly within 90 days or by the date set out in subdivision 7002(a)(9) of this title, whichever is later. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2019, No. 131 (Adj. Sess.), § 43.)

• §§ 7016-7019. [Reserved for future use.]

• § 7020. State regulation; responsibilities and authority

  (a) The Agency, after public comment and after consultation with the Public Utility Commission and the Department of Public Service, shall by rule establish the siting requirements, the screening and certification procedures and criteria, the separation, recoverability, and facility design standards, and the draft license review procedures and standards. These rules must at least include the minimum requirements of sections 7021, 7022, 7023, and 7024 of this title and be sufficient to protect the environment and the public health for the hazardous life of materials likely to be deposited in the disposal facility. The Agency shall by rule establish procedures and requirements for public comment under this chapter. The Agency shall also by rule establish procedures and requirements for reports and manifests from generators of low-level radioactive waste concerning the quantities, concentrations, characteristics, expected generation rates, packaging, storage conditions, and any other information reasonably necessary for the Agency and the Authority to carry out their responsibilities.

  (b) The Public Utility Commission shall:

  (1) approve the service fees and disposal fees set by the Authority under sections 7011(4)(K), 7012(p), and 7013(e) of this title;

  (2) utilize procedures substantially similar to the rate-setting procedures in 30 V.S.A. chapter 5, including the procedures for temporary rates in section 226 of that chapter but not including the time limits of section 227 of that chapter;

  (3) review and approve, during any fee approval proceeding, an amount for:

  (A) expenses expected prior to the end of the operating life of Vermont Yankee, except construction costs;

  (B) expenses, including ongoing capital costs, expected after the end of the operating life of Vermont Yankee;

  (C) costs of the permanent disposal of the long-lived waste; and

  (D) construction costs; and

  (4) determine, after public hearing, adequate financial assurance requirements to be specified as a condition for approval of fees under this subsection.

  (c) The Department of Public Service shall appear in all proceedings before the Public Utility Commission under this chapter and represent the interests of the people of the State. The Department of Public Service shall review and may present testimony on any issue, including the service or disposal fees, the costs of permanent disposal of the long-lived waste, the financial assurance requirements, and the relationship of these fees, costs, and requirements to the costs of decommissioning the Vermont Yankee Nuclear Power Station.

  (d) Rules adopted under this section must be at least as stringent as applicable federal standards, performance objectives, and requirements.

  (e) No officers, departments, boards, agencies, divisions, and commissions of the State may render any services to the Authority that would compromise their ability to perform their regulatory functions under this chapter, but they shall cooperate with and provide any information available to them as may be requested by the Authority for the performance of its responsibilities if otherwise allowed by law.

  (f) The Agency of Natural Resources, the Public Utility Commission, and the Department of Public Service may allocate to the Authority the portion of the expenses incurred by them, including expenses from the use of additional personnel and regular employees, for all actions and proceedings authorized by this chapter. At least quarterly, the Agency and the Department of Public Service shall send to the Authority detailed statements showing the money expended, and the Authority shall pay those statements out of the Low-Level Radioactive Waste Fund. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• § 7021. Siting requirements

  (a) Under the authority of section 7020 of this title, the Agency shall adopt rules establishing the siting requirements for a low-level radioactive waste disposal facility that shall, at a minimum, require that:

  (1) the disposal site shall not be located in an area that is incapable of being thoroughly characterized, modeled, analyzed, and monitored;

  (2) the disposal site shall not be located in an area where projected population growth and future development are likely to affect the ability of the disposal facility to meet the performance objectives;

  (3) the disposal site shall not be located in areas having known natural resources that, if exploited, would result in the failure of the disposal facility to meet the performance objectives;

  (4) the disposal site shall not be located in a 500-year floodplain, coastal high-hazard zone, or wetland and must be generally well drained and free of areas of flooding or frequent ponding;

  (5) the disposal site shall not be located in areas with excessive upstream drainage that could erode, expose, or inundate the waste disposal units;

  (6) the disposal site shall not be located in an area with insufficient depth to watertable so that groundwater intrusion, perennial or otherwise, could occur;

  (7) the hydrogeologic unit used for disposal shall not discharge groundwater to the surface within the disposal site;

  (8) the disposal site shall avoid areas where tectonic processes such as faulting, folding, seismic activity, or vulcanism may occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives;

  (9) the disposal site shall avoid areas where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives;

  (10) the disposal site shall not be located where nearby facilities or activities or any existing radioactive materials could adversely impact the ability of the site to meet the performance objectives or significantly mask the environmental monitoring program;

  (11) the disposal site shall not be located above 2,500 feet in elevation;

  (12) the disposal site shall not be located within a watershed of Class A waters or of a public water supply, or within or adjacent to an aquifer protection area, within or adjacent to Class I or Class II aquifers, or where surface water quality standards could be reasonably expected to be violated by the facility;

  (13) the disposal facility shall not be located within 100 meters of a wetland, stream, river, lake, or pond, within 200 meters of designated outstanding resource waters, or within distances found critical by site investigation;

  (14) the disposal site shall not be located in areas where failure of a dam or impoundment could adversely affect the ability of the disposal site to meet the performance objectives;

  (15) the disposal site must be of sufficient size to allow the satisfaction of the performance objectives; and

  (16) the disposal site must retard, or be capable of being modified to retard, the movement of radionuclides.

  (b) The rules establishing the siting requirements for a low-level radioactive waste disposal facility shall also consider the following:

  (1) the proximity of the disposal site to schools, historical sites, wilderness areas, parks (municipal, State, or national), State or wildlife refuges or management areas, military sites, or unique cultural areas;

  (2) the potential for adverse effects on rare or endangered species;

  (3) the population density of the area surrounding the disposal site and the likely impacts on local governmental units; and

  (4) mitigation or avoidance of harm from unanticipated releases and from transportation accidents. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• § 7022. Screening and certification process

  Under the authority of section 7020 of this title, the Agency shall adopt rules regarding screening for potential alternative sites and certification of sites, which must at least establish the procedures and criteria for:

  (1) screening, by the Authority, of the Town of Vernon and the rest of the State;

  (2) selecting and studying potential alternative sites by the Authority;

  (3) submission, by the Authority, of each selected potential alternative site to the Agency for certification;

  (4) certification, by the Agency, of alternative sites and the Yankee site as meeting applicable siting requirements;

  (5) characterization of an alternative site;

  (6) deciding, by the Authority, to characterize a certified alternative site or to prepare a draft license application for a disposal facility at a characterized site. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• § 7023. Waste separation; recoverability; and minimum facility design standards

  (a) Under the authority of section 7020 of this title, the Agency shall adopt rules establishing waste separation, recoverability, and minimum facility design standards for any low-level radioactive waste disposal facility including:

  (1) a prohibition on shallow land burial;

  (2) definitions of short-lived waste and long-lived waste;

  (3) definition of hazardous life of the short-lived waste;

  (4) requirements for maximum separation of short-lived and long-lived waste;

  (5) requirements that the design be compatible with and complement the characteristics of the site as necessary for the performance objectives;

  (6) requirements for active management during, and setting the length of, an institutional control period;

  (7) requirements to control the dilution of long-lived waste where the purpose is to convert long-lived waste to short-lived waste or to change the federal classification;

  (8) requirements for enhanced containment sufficient to meet the performance objectives;

  (9) requirements for recoverability of the separated long-lived waste that are compatible with the performance objectives;

  (10) requirements for structural integrity during the design life of the facility;

  (11) requirements for monitoring, until the end of the institutional control period, that are adequate to detect failure of the facility in time to take reasonable remedial action and that provide for independent review and verification;

  (12) requirements for long-term passive isolation of the waste from the environment, including the minimization of water intrusion and protection against intruders;

  (13) requirements for the permanent unmistakable marking of the facility identifying it as hazardous to future human inhabitants;

  (14) performance objectives for each stage of the life of the facility to ensure the protection of individuals and the general population from releases of radioactivity, the protection of individuals and the general population from direct radiation, the protection of individuals from and during intrusion; and

  (15) capacity specifications to limit the size of the disposal facility to that necessary to dispose of the expected low-level radioactive waste.

  (b) In establishing the definitions of short-lived and long-lived waste and in establishing the requirements for maximum separation of those wastes, the Agency shall ensure that the hazardous life of the short-lived waste is less than the institutional control period and shall consider the costs of separation and all risks from separating and disposing of the separated wastes. This should include the risks associated with the separation process, the placement of the separated wastes in the facility authorized by this chapter, the recovery of the long-lived waste and any transportation and preparation of that waste for permanent disposal. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• § 7024. Agency standards and procedures for review of the draft license application

  (a) The Agency shall adopt rules establishing standards for a draft license application for a low-level radioactive waste disposal facility that shall, at a minimum, include:

  (1) compliance with the rules adopted by the Agency under this chapter;

  (2) consent for entry into the facility by State regulatory personnel;

  (3) requirements to the extent permitted by law, to limit waste disposal access in order to prevent the exhaustion of disposal capacity at an early or uncertain future date;

  (4) the financial assurance requirements established by the Public Utility Commission under section 7020 of this title;

  (5) requirements for operating procedures;

  (6) requirements for on-site supervision of the operation of the disposal facility;

  (7) requirements for closure and for closure monitoring and observation, including a minimum five-year post-closure period;

  (8) requirements for long-term management by the State;

  (9) requirements for a community and project safety plan, including an emergency response plan and a training plan for facility personnel and public safety officials, all based on a worst case analysis;

  (10) requirements for emergency response and monitoring for operator or facility failure; and

  (11) requirements for detailed annual reports, including requirements for reporting all waste in storage and, after disposal has begun, all waste placed in the facility.

  (b) The Agency shall adopt rules establishing procedures for its review of a draft license application that shall, at a minimum, include:

  (1) submission of the draft application and other specified information;

  (2) submission of pre-operational radiation survey in the vicinity of the site;

  (3) submission of an environmental and public health impact analysis;

  (4) an opportunity for public review and inspection of, and public comment on, the draft license application in the locality of the approved site; and

  (5) a procedure for complying with conditions or changes to the licensing application required by the NRC or the District Environmental Commission. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2003, No. 115 (Adj. Sess.), § 66, eff. Jan. 31, 2005; 2019, No. 131 (Adj. Sess.), § 44.)

• §§ 7025-7029. [Reserved for future use.]

• § 7030. Enforcement and judicial review

  (a) Any person who violates this chapter or any rule adopted under this chapter or refuses to comply with any of the provisions of this chapter shall be subject to enforcement actions under chapters 201 and 211 of this title, except that for the failure to pay the service fees under section 7013 of this title, the penalty shall be no more than 25 percent of the fees owed.

  (b) Any person, upon a well-founded belief that there has been a violation of this chapter or any rule adopted under this chapter or a refusal to comply with any of the provisions of this chapter, or of the rules adopted under this chapter, may commence an action in Washington Superior Court for injunctive relief, or other appropriate relief, or for penalties and attorney’s fees. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• §§ 7031-7039. [Reserved for future use.]

• § 7040. Immunity and liability

  (a) No provision of this chapter shall constitute a waiver of sovereign immunity.

  (b) Nor shall any State official or employee (including members of the Authority and its Director and staff) be held financially responsible for acts taken within the scope of employment, or for failure to take any discretionary act, related to this chapter or the rules authorized by this chapter. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)

• §§ 7041-7049. [Reserved for future use.]

• § 7050. Generator obligations

  In addition to any other obligation imposed by this chapter, any person who generates low-level radioactive waste in Vermont shall comply with the reporting and financial assurance requirements as established under section 7020 of this title. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)