N.Y. Energy Law § 18-103: Establishment of temporary nuclear waste repositories

§ 18-103. Establishment of temporary nuclear waste repositories. 1.

No person shall establish or operate a temporary nuclear waste

repository within this state unless he has been granted a certificate by

the board. Any such temporary nuclear waste repository with respect to

which a certificate is issued shall not thereafter be built, maintained

or operated except in conformity with such certificate and any terms,

limitations or conditions contained therein, provided that nothing

herein shall exempt such temporary nuclear waste repository from

compliance with state law and regulations thereunder subsequently

adopted or with municipal laws and regulations thereunder not

inconsistent with the provisions of such certificate. A certificate for

a temporary nuclear waste repository may be issued only pursuant to this

article.

2. Notwithstanding any other provision of law, no state agency,

municipality or any agency thereof may, except as expressly authorized

by this article by the board, require any approval, consent, permit,

certificate or other condition for the construction or operation of a

temporary nuclear waste repository with respect to which an application

for a certificate hereunder has been filed, other than those provided by

otherwise applicable state law for the protection of employees engaged

in the construction and operation of such facility, and provided that in

the case of a municipality or an agency thereof, such municipality has

received notice of the filing of the application therefor.

3. Neither the St. Lawrence eastern Ontario commission nor the

Adirondack park agency shall hold public hearings for a temporary

nuclear waste repository with respect to which an application hereunder

has been filed, provided that such commission or agency has received

notice of the filing of such application.