Section 48 – Statutes Not Applicable
Section 48. The selection of an operator and the development of a facility pursuant to this chapter shall, for the purposes of section forty-two B of chapter seven, be construed as an alternative method of design and construction services approved by the legislature, and shall not be subject to sections thirty-eight A.5 to thirty-eight N, […]
Section 42 – Administration of the Low–level Radioactive Waste Trust Fund
Section 42. The Low–Level Radioactive Waste Trust Fund, established by section thirty-five H of chapter ten, shall be administered by the board, without liability on the part of the commonwealth beyond the amounts credited to and earned by the fund. The treasurer shall make payments from accounts of said fund upon receipt of a warrant […]
Section 43 – Facility Closure Plan
Section 43. (a) At least one year prior to the date scheduled for facility closure in the facility closure plan required to be prepared and maintained by regulations issued pursuant to section sixteen, the operator shall submit such plan to the department of public health and the management board. Said department shall conduct a public […]
Section 44 – Active Observation and Maintenance of Facility
Section 44. Upon completion of site closure activities, the operator shall, for no less than five years thereafter, engage in active observation and maintenance of the facility in accordance with regulations adopted pursuant to section sixteen and the conditions of the facility license. By the end of such time, the operator shall transfer all records […]
Section 45 – Phase Vi of the Low–level Radioactive Waste Management Act; Institutional Control of Facility
Section 45. Institutional control of a facility shall be conducted, subject to appropriation, in accordance with sections forty-six and forty-seven, which shall be known and may be cited as ”Phase VI of the Low–Level Radioactive Waste Management Act”, and in accordance with the regulations adopted pursuant to section sixteen. The provisions of these sections and […]
Section 46 – Transfer of Facility License From Operator
Section 46. (a) No sooner than five years after the implementation of the site closure plan pursuant to section forty-four, the board shall accept transfer of the facility license from the operator, if it determines that the operator has fulfilled all of its obligations under the comprehensive operating contract executed pursuant to section thirty-three. No […]
Section 47 – Institutional Control of Facility; Annual Report; Public Meetings
Section 47. The board shall be responsible for institutional control of the facility in accordance with the program approved by the department of public health and regulations adopted pursuant to section sixteen. The board shall annually issue a report of its institutional control of the facility for public review and comment. Within sixty days of […]
Section 31 – Facility License Application; Public Comment Period; Preparation of Draft License or Draft Denial; Final Decision
Section 31. (a) Upon the filing with the secretary of the executive office of environmental affairs of a notification pursuant to section thirty of intent to apply for a facility license, the operator may file a facility license application with the department of public health in accordance with regulations adopted under section sixteen. The license […]
Section 33 – Negotiation of Comprehensive Operating Contract; Contents
Section 33. (a) Upon issuance of a facility license pursuant to section thirty-one, the board, after consultation with the community supervisory committee of each site community, and the operator shall negotiate a comprehensive operating contract setting forth, consistent with the management plan adopted under section twelve, the rights and responsibilities of each party with respect […]
Section 34 – Community Compensation
Section 34. Any community compensation to be provided for site communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community’s population residing within three miles of the facility bears to the total population of site communities within such area. The community compensation to be provided for […]