N.Y. Environmental Conservation Law § 29-0701: Financial requirements for low-level radioactive waste disposal facilities

§ 29-0701. Financial requirements for low-level radioactive waste

disposal facilities.

1. Within eighteen months after the effective date of this section,

the commissioner shall promulgate regulations applicable to facilities

for the permanent disposal of low-level radioactive waste which identify

financial requirements to be included as conditions in permits for

facilities for the management of low-level radioactive waste. Such

conditions shall provide for the remediation of failures during

operation and after facility closure, for facility closure, and for

pre-closure and post-closure facility monitoring and maintenance. Such

regulations shall:

a. Reflect due consideration of the sizes and locations of affected

facilities, the natures and volume of low-level radioactive waste

involved, the types of facilities and the degrees and durations of risk

to human health or the environment.

b. Provide for the establishment, administration, terms and conditions

of the following methods or instruments to be used as alternatives or in

combinations, in order to achieve non-duplicative coverage of the

financial assurance requirements mandated by this section:

(i) Trust funds.

(ii) Surety or performance bonds.

(iii) Letters of credit.

(iv) Liability insurance or annuities.

(v) Guarantees provided by corporate or other legal or financial

affiliates of the facility owner or operator.

c. Establish the duration of such financial requirements.

2. Any owner or operator of such a facility for the management of

low-level radioactive waste may request a modification of any of the

financial requirements established pursuant to subdivision one of this

section. A modification may be granted in the discretion of the

department if such financial requirements are found to be unnecessary or

inappropriate, consistent with the public interest and the purposes of

this section and supported by written findings setting forth the reasons

for the modification. Such a modification request shall be considered a

request for modification of the permit for the facility. In no case

shall a modification granted pursuant to this subdivision eliminate or

reduce the minimum requirements established in subdivision four of this

section.

3. In addition to the financial requirements established pursuant to

subdivision one of this section, any permits for such facilities for the

management of low-level radioactive waste issued by the department may,

if it is determined that adequate protection of the public so requires,

include conditions related to any or all of the following, including

responsibility for the costs thereof:

a. On-site environmental monitors whose function shall be to monitor

compliance with permit conditions. The commissioner may promulgate

regulations regarding the use of such monitors.

b. Site safety plans whereby the permittee shall establish, with the

cooperation of local government officials, a community and project

safety plan, including but not limited to an accident response based on

a worst-case condition, on-site and off-site, a personnel training

program, provisions for coordination with local emergency services and

regular training exercises. Any such plan shall be subject to the

approval of the department.

4. Any permits for such facilities for the management of low-level

radioactive waste issued by the department shall require the owner or

operator to provide, at a minimum, one of the methods or instruments of

financial assurance provided for in paragraph b of subdivision one of

this section. Such methods or instruments shall be designed to insure

proper facility closure, based on the estimates approved pursuant to

section 29-0703 of this title, and coverage of personal injury and

property damage to third parties caused by the operation of such

facility. Such methods or instruments shall from time to time be

reviewed and updated, pursuant to regulations promulgated by the

department, to insure their continued adequacy for the purposes of this

section.