Legislation
SECTION 29-0703
Closure and post-closure plans
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 29, TITLE 7
§ 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.
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.