N.Y. Environmental Conservation Law § 29-0703: Closure and post-closure plans

§ 29-0703. Closure and post-closure plans.

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

radioactive waste issued by the department shall require owners and

operators of facilities for the permanent disposal of low-level

radioactive waste to submit to the department for its approval plans for

the closure and post-closure monitoring and maintenance of their

facilities. The department may promulgate rules and regulations

concerning the contents of such plans. Such plans shall be approved

prior to the effective date of the facilities' operating permit.

2. Together with the submission of a plan for closure and post-closure

monitoring and maintenance, the owner or operator of such facilities for

the permanent disposal of low-level radioactive waste shall submit to

the department for approval a written estimate of the costs associated

with closure at the estimated point in the facilities' operating life

when the extent and manner of their operation would make closure the

most expensive, as indicated by the closure plan.

3. The owner or operator shall prepare new closure and post-closure

monitoring and maintenance cost estimates whenever a change in the

closure and post-closure monitoring and maintenance requirements affects

the cost of the closure or post-closure care.

4. One year after the approval of the cost estimates as set forth in

subdivision two of this section, and annually thereafter until closure

of the facilities, the operator's closure and post-closure monitoring

and maintenance estimates shall be adjusted to account for inflation.

5. All estimates made pursuant to this section and revision thereto

shall be subject to the review and approval of the department.

6. The methods and instruments of financial assurances for permitted

facilities for permanent disposal of low-level radioactive waste shall

be periodically reviewed by the department to determine whether they are

adequate in light of changed circumstances to insure proper closure and

post-closure monitoring and maintenance of such facilities.