260.392. Definitions--fees for transport of radioactive waste--deposit of moneys, use--notice of shipments--sunset provision.
Definitions--fees for transport of radioactive waste--deposit ofmoneys, use--notice of shipments--sunset provision.
260.392. 1. As used in sections 260.392 to 260.399, the followingterms mean:
(1) "Cask", all the components and systems associated with thecontainer in which spent fuel, high-level radioactive waste, highway routecontrolled quantity, or transuranic radioactive waste are stored;
(2) "High-level radioactive waste", the highly radioactive materialresulting from the reprocessing of spent nuclear fuel including liquidwaste produced directly in reprocessing and any solid material derived fromsuch liquid waste that contains fission products in sufficientconcentrations, and other highly radioactive material that the UnitedStates Nuclear Regulatory Commission has determined to be high-levelradioactive waste requiring permanent isolation;
(3) "Highway route controlled quantity", as defined in 49 CFR Part173.403, as amended, a quantity of radioactive material within a singlepackage. Highway route controlled quantity shipments of thirty miles orless within the state are exempt from the provisions of this section;
(4) "Low-level radioactive waste", any radioactive waste notclassified as high-level radioactive waste, transuranic radioactive waste,or spent nuclear fuel by the United States Nuclear Regulatory Commission,consistent with existing law. Shipment of all sealed sources meeting thedefinition of low-level radioactive waste, shipments of low-levelradioactive waste that are within a radius of no more than fifty miles fromthe point of origin, and all naturally occurring radioactive material givenwritten approval for landfill disposal by the Missouri department ofnatural resources under 10 CSR 80-3.010 are exempt from the provisions ofthis section. Any low-level radioactive waste that has a radioactivehalf-life equal to or less than one hundred twenty days is exempt from theprovisions of this section;
(5) "Shipper", the generator, owner, or company contracting fortransportation by truck or rail of the spent fuel, high-level radioactivewaste, highway route controlled quantity shipments, transuranic radioactivewaste, or low-level radioactive waste;
(6) "Spent nuclear fuel", fuel that has been withdrawn from a nuclearreactor following irradiation, the constituent elements of which have notbeen separated by reprocessing;
(7) "State-funded institutions of higher education", any campus ofany university within the state of Missouri that receives state funding andhas a nuclear research reactor;
(8) "Transuranic radioactive waste", defined in 40 CFR Part 191.02,as amended, as waste containing more than one hundred nanocuries ofalpha-emitting transuranic isotopes with half-lives greater than twentyyears, per gram of waste. For the purposes of this section, transuranicwaste shall not include:
(a) High-level radioactive wastes;
(b) Any waste determined by the Environmental Protection Agency withthe concurrence of the Environmental Protection Agency administrator thatdoes not need the degree of isolation required by this section; or
(c) Any waste that the United States Nuclear Regulatory Commissionhas approved for disposal on a case-by-case basis in accordance with 10 CFRPart 61, as amended.
2. Any shipper that ships high-level radioactive waste, transuranicradioactive waste, highway route controlled quantity shipments, spentnuclear fuel, or low-level radioactive waste through or within the stateshall be subject to the fees established in this subsection, provided thatno state-funded institution of higher education that ships nuclear wasteshall pay any such fee. These higher education institutions shallreimburse the Missouri state highway patrol directly for all costs relatedto shipment escorts. The fees for all other shipments shall be:
(1) One thousand eight hundred dollars for each cask transportedthrough or within the state by truck of high-level radioactive waste,transuranic radioactive waste, spent nuclear fuel or highway routecontrolled quantity shipments. All casks of high-level radioactive waste,transuranic radioactive waste, spent nuclear fuel, or highway routecontrolled quantity shipments transported by truck are subject to asurcharge of twenty-five dollars per mile for every mile over two hundredmiles traveled within the state;
(2) One thousand three hundred dollars for the first cask and onehundred twenty-five dollars for each additional cask for each rail shipmentthrough or within the state of high-level radioactive waste, transuranicradioactive waste, or spent nuclear fuel;
(3) One hundred twenty-five dollars for each truck or traintransporting low-level radioactive waste through or within the state. Thedepartment of natural resources may accept an annual shipment fee asnegotiated with a shipper or accept payment per shipment.
3. All revenue generated from the fees established in subsection 2 ofthis section shall be deposited into the environmental radiation monitoringfund established in section 260.750 and shall be used by the department ofnatural resources to achieve the following objectives and for purposesrelated to the shipment of high-level radioactive waste, transuranicradioactive waste, highway route controlled quantity shipments, spentnuclear fuel, or low-level radioactive waste, including, but not limitedto:
(1) Inspections, escorts, and security for waste shipment andplanning;
(2) Coordination of emergency response capability;
(3) Education and training of state, county, and local emergencyresponders;
(4) Purchase and maintenance of necessary equipment and supplies forstate, county, and local emergency responders through grants or otherfunding mechanisms;
(5) Emergency responses to any transportation incident involving thehigh-level radioactive waste, transuranic radioactive waste, highway routecontrolled quantity shipments, spent nuclear fuel, or low-level radioactivewaste;
(6) Oversight of any environmental remediation necessary resultingfrom an incident involving a shipment of high-level radioactive waste,transuranic radioactive waste, highway route controlled quantity shipments,spent nuclear fuel, or low-level radioactive waste. Reimbursement foroversight of any such incident shall not reduce or eliminate the liabilityof any party responsible for the incident; such party may be liable forfull reimbursement to the state or payment of any other costs associatedwith the cleanup of contamination related to a transportation incident;
(7) Administrative costs attributable to the state agencies which areincurred through their involvement as it relates to the shipment ofhigh-level radioactive waste, transuranic radioactive waste, highway routecontrolled quantity shipments, spent nuclear fuel, or low-level radioactivewaste through or within the state.
4. Nothing in this section shall preclude any other state agency fromreceiving reimbursement from the department of natural resources and theenvironmental radiation monitoring fund for services rendered that achievethe objectives and comply with the provisions of this section.
5. Any unencumbered balance in the environmental radiation monitoringfund that exceeds three hundred thousand dollars in any given fiscal yearshall be returned to shippers on a pro rata basis, based on the shipper'scontribution into the environmental radiation monitoring fund for thatfiscal year.
6. The department of natural resources, in coordination with thedepartment of health and senior services and the department of publicsafety, may promulgate rules necessary to carry out the provisions of thissection. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
7. All funds deposited in the environmental radiation monitoring fundthrough fees established in subsection 2 of this section shall be utilized,subject to appropriation by the general assembly, for the administrationand enforcement of this section by the department of natural resources.All interest earned by the moneys in the fund shall accrue to the fund.
8. All fees shall be paid to the department of natural resourcesprior to shipment.
9. Notice of any shipment of high-level radioactive waste,transuranic radioactive waste, highway route controlled quantity shipments,or spent nuclear fuel through or within the state shall be provided by theshipper to the governor's designee for advanced notification, as describedin 10 CFR Parts 71 and 73, as amended, prior to such shipment entering thestate. Notice of any shipment of low-level radioactive waste through orwithin the state shall be provided by the shipper to the Missouridepartment of natural resources before such shipment enters the state.
10. Any shipper who fails to pay a fee assessed under this section,or fails to provide notice of a shipment, shall be liable in a civil actionfor an amount not to exceed ten times the amount assessed and not paid.The action shall be brought by the attorney general at the request of thedepartment of natural resources. If the action involves a facilitydomiciled in the state, the action shall be brought in the circuit court ofthe county in which the facility is located. If the action does notinvolve a facility domiciled in the state, the action shall be brought inthe circuit court of Cole County.
11. Beginning on December 31, 2009, and every two years thereafter,the department of natural resources shall prepare and submit a report onactivities of the environmental radiation monitoring fund to the generalassembly. This report shall include information on fee income received andexpenditures made by the state to enforce and administer the provisions ofthis section.
12. The provisions of this section shall not apply to high-levelradioactive waste, transuranic radioactive waste, highway route controlledquantity shipments, spent nuclear fuel, or low-level radioactive wasteshipped by or for the federal government for military or national defensepurposes.
13. Under section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall automatically sunset six years after August 28, 2009, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall automatically sunset twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.
(L. 2009 H.B. 683)Sunset date 8-28-15, unless reauthorized
Termination date 9-01-16, unless reauthorized