§ 23-19.9-4 - Rights and obligations of host states.
SECTION 23-19.9-4
§ 23-19.9-4 Rights and obligations of hoststates. – (a) To the extent not prohibited by federal law, a host state is responsiblefor protecting the health, safety, and welfare of its citizens.
(b) To the extent not prohibited by federal law, a host stateshall assure:
(1) The timely development, reasonable availability and safeoperation, closure, post-closure observation and maintenance, and institutionalcontrol of any regional facility situated within its borders; and
(2) The environmental and financial integrity of any regionalfacility.
(c) Each host state in which an operating regional facilityis located shall annually submit to the Commission a report concerning eachoperating regional facility situated within its borders, which shall containprojections of the anticipated future capacity and availability of the regionalfacility to meet future needs; a financial audit and analysis of fees collectedto demonstrate the financial integrity of its operation; and accounting of anyand all occupational or public health and safety incidents at the facilityincluding their resolution; a summary of procedures and findings used tomonitor the facility to assure continued isolation of the low-level waste fromthe biosphere; and any other information required by the Commission. Each hoststate in which a closed regional facility is located shall submit to theCommission an annual report containing any information required by theCommission, including information on the financial and environmental integrityof any closed regional facility. Any report submitted pursuant to this sectionshall be a public document.
(d) A host state intending to close a regional facilitysituated within its borders shall notify the Commission, in writing, of itsintention and the reasons for closure. This notification may be part of itsannual report.
(1) Except in the event that temporary or permanent closureof a regional facility is necessitated by a threat to public health, safety, orthe environment, notification shall be given to the Commission at least five(5) years prior to the scheduled date of closure.
(2) A host state may close or temporarily close a regionalfacility situated within its borders prior to its scheduled closing date forany reason justifying temporary or permanent closure. A host state shall notifythe Commission, in writing, within three (3) days of its action; and shall,within thirty (30) working days, explain the need for the closure. A facilitythat is closed or temporarily closed shall remain closed as long as necessaryfor remedial action and, in any event, throughout any period of facilityclean-up and stabilization.
(e) A host state may impose reasonable fees and surchargespursuant to the provisions of § 23-19.9-10(b).
(f) To the extent not prohibited by federal law, a host stateshall establish regulations for the operation of any regional facility situatedwithin its borders.
(g) To the extent not prohibited by federal law, a host stateshall require the operator of a regional facility situated within its bordersto submit an initial Facility Closure Plan and annual update of the plan forhost state approval. Consistent with applicable regulations, the facilityclosure plan and its updates shall include, but not be limited to, thefollowing:
(1) Any geologic, hydrologic, or other facility site datapertinent to the long-term containment of low-level waste.
(2) The results of any tests, experiments, or other analysisrelating to closure and sealing, waste migration, or any other tests,experiments, or analysis pertinent to the long-term containment of low-levelwaste within the facility.
(3) Plans for decontamination and dismantlement of facilitystructures and stabilization of the facility to assure long-term protection ofpublic health, safety, and the environment.
(4) Any significant new information regarding theenvironmental impact of closure activities and long-term performance of thefacility site.
(5) On-site contingency plans in the event of a temporaryclosure of the facility. The Facility Closure Plan and its updates shall bepublic documents. The party states and the Commission shall be affordedreasonable opportunity to review and comment on the Facility Closure Plan andits annual update.
(h) A host state shall, after consultation with theCommission, develop guidelines to be used by party states to encouragegenerators to implement volume and source reduction practices.