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PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 39C. LOW-LEVEL RADIOACTIVE WASTE DISPOSAL ACT
CHAPTER 3. LOW-LEVEL WASTE DISPOSAL
Date:
08/31/2009
Document:
§ 7130.316. Financial assurance and liability
(a) FINANCIAL ASSURANCE REQUIREMENTS.-- The department shall establish by regulation detailed financial assurance requirements for the operator for the operation, closure, postclosure monitoring and maintenance, and emergencies related to the regional facility.
(b) PROOF OF COVERAGE OF ALL COSTS.-- The operator shall, prior to receipt of a license, show that it either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds, or a combination of the two, to cover all estimated costs of conducting all licensed activities over the planned operating life of the regional facility, including costs of construction and operation.
(c) EMERGENCY ACTIONS, CLOSURE, ETC.-- The operator shall, prior to receipt of a license, provide assurance that sufficient funds are available to carry out emergency actions, site closure, decommissioning and stabilization, in accordance with the financial assurance regulations established by the department.
(d) INDEMNIFICATION.--
(1) Generators, brokers and carriers for which a permit is required
under sections 309 and 310 shall comply with the financial assurance
regulations established by the department. Each broker, carrier and
generator shall hold the Commonwealth, the host municipality, host
county and their agents harmless, defend and indemnify the
Commonwealth, the host municipality, host county or their agents
against any and all claims, actions, demands, liabilities and losses by
reason of any injury or damage to person or property arising out of any
handling, management, shipping, transportation or generation of
low-level waste.
(2) The operator-licensee shall hold the Commonwealth, the host
municipality, host county and their agents harmless, defend and
indemnify the Commonwealth, host municipality and host county and their
agents against any and all claims, actions, demands, liabilities and
losses for personal injury or property damage at law and equity.
(e) LIMITATIONS ON LIABILITY.-- In any action against the operator-licensee by any person for damages, there shall be no limit to the operator-licensee's liability if it can be shown that the operator-licensee acted in a manner that was negligent, grossly negligent, willful, reckless or intentional. In all other claims and actions for damages against the operator-licensee, there shall be a total and cumulative limit of liability which shall be no more than $ 100,000,000, plus the amount of insurance or other financial assurance applicable to the obligation or liability as required by the department.
(f) SOVEREIGN IMMUNITY.-- No provision of this act shall constitute a waiver of sovereign immunity except as provided by 42 Pa.C.S. Ch. 85 Subch. B (relating to actions against Commonwealth parties).
(g) INSURANCE.-- The operator shall provide evidence of commercial insurance or other financial assurance as approved by the department to compensate persons for bodily injury or property damage arising from sudden and nonsudden incidents from the operation of the facility. The department shall determine the minimum amount of insurance or financial assurance, but in no case shall the minimum amount be less than the capital cost of the regional facility. For purposes of this subsection, "capital cost" means the cost of bidding for, siting, acquiring, licensing, planning, developing, constructing, equipping and promoting the regional facility and improvements made over the operating life of the facility.
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