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This entry was published on 2014-09-22
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SECTION 18-103
Establishment of temporary nuclear waste repositories
Energy (ENG) CHAPTER 17-A, ARTICLE 18
§ 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.