Section 30. (a) Except as otherwise provided in this section, the development, operation, closure, post-closure observation and maintenance and institutional control of a facility at any superior site shall be subject to sections sixty-one to sixty-two H, inclusive, of chapter thirty. No action taken pursuant to sections ten to twenty-eight, inclusive, shall be deemed to […]
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. (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. 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 […]
Section 35. Facility development, operation, closure, and post-closure observation and maintenance shall be conducted in accordance with sections thirty-six to forty-four, inclusive, shall be known and be cited as ”Phase V of the Low–Level Radioactive Waste Management Act”, and in accordance with the regulations adopted by the department of public health under section sixteen. The […]
Section 36. (a) Within thirty days of the issuance of a facility license pursuant to section thirty-one; the department of public health shall, after consultation with the department of environmental protection and the board of health of each site community, establish a comprehensive environmental monitoring program at the facility site. Such program shall employ the […]
Section 37. Upon the determination of the department of public health that the environmental monitoring program or detailed site characterization of the superior site has yielded representative baseline data, the operator may commence construction of the facility. The operator shall construct, install and, from time to time, in accordance with the regulations adopted under section […]
Section 38. (a) Upon the issuance of a facility license pursuant to section thirty-one, and annually thereafter, until the facility license is transferred to the board pursuant to section forty-six, the department of public health shall establish a payment to be made by the operator equal to said departments expected annual operating budget for the […]
Section 39. (a) Upon written notification by the operator that the facility is ready to accept low-level radioactive waste, and upon written notification by the department of public health that the facility is in compliance with all regulations and conditions of the facility license, the board shall determine whether the operator is in compliance with […]
Section 4. (a) The board shall have the following powers and duties: (1) to take any action authorized by this chapter either directly or through, or by means of, its own officers, agents or employees, or by contract with any person, including, but not limited to, the adoption of a management plan pursuant to section […]
Section 40. (a) The facility shall be operated in accordance with this section and with regulations adopted under section sixteen. All shipments of low-level radioactive waste shall, upon arrival at the facility, enter the facility, but shall not proceed into the waste management area for unloading until inspected by the department of public health and […]
Section 41. (a) There is hereby established within the Low–Level Radioactive Waste Trust Fund, a contingent liability account and the institutional control account. The board shall determine annually the amount of revenues, raised from the surcharges imposed pursuant to section thirty-eight, that shall be deposited within each account; provided, however, that after such deposits, no […]
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. (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. 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. 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. (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. 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 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 4A. (a) There is hereby established on the books of the commonwealth a separate fund, to be known as the Low Level Radioactive Waste Management Fund. For the purpose of providing funds to implement the management plan adopted pursuant to section twelve and to carry out the powers and duties conferred by this chapter, […]
