The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 10 : Conservation and Development
Chapter 161 : Disposal of Low-Level Radioactive Waste
(Cite as: 10 V.S.A. § 7002)-
§ 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.)
