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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:
§ 7130.301. Powers and duties of the Department of Environmental Resources
The department shall have the power and its duty shall be to:
(1) Develop and implement a comprehensive program for the regulation of
the generation, storage, handling, transportation, processing,
minimization, separation, management and disposal of low-level
radioactive waste to the extent allowable under Federal law or State
law, whichever is more stringent.
(2) Implement a regulatory, inspection, enforcement and monitoring
program consistent with the terms of an agreement between the United
States Nuclear Regulatory Commission and the Commonwealth, as provided
for in section 201 of the Radiation Protection Act, and this act.
(3) Enter into a contract with an operator-licensee designate to screen
the State to locate potentially suitable sites, to study the sites in
detail and to submit a license application to operate the regional
facility.
(4) License a regional facility operator in accordance with section 308
and regulations promulgated hereunder.
(5) Issue permits to generators, brokers and carriers of low-level
waste for access to the regional facility in accordance with provisions
of this act and with specific regulations promulgated under this act.
(6) Receive title to the land for use as a regional facility from the
licensee for eventual transfer to the custodial agency or acquire land
by eminent domain in the manner provided in the act of June 22, 1964
(Sp.Sess., P.L. 84, No. 6), known as the Eminent Domain Code, if the
operator-licensee designate cannot acquire the property prior to
submitting an application to the department for a license.
(7) Use Commonwealth property for the regional facility where such use
is consistent with uses authorized under State law.
(8) Provide for the licensing and regulation of a custodial agency for
the long-term care and monitoring of the regional facility for the
duration of the institutional control period in accordance with
regulations established by the Environmental Quality Board.
(9) Provide for the emergency care and monitoring of the regional
facility, which may include the appointment of an interim operator if
the department determines that:
(i) the licensee has failed to comply with the terms and conditions
of the contract or is in violation of this act, regulation or license
conditions, permits or order issued under this act, or the Radiation
Protection Act, and a threat exists to the health or safety of the
public or the environment; or
(ii) the licensee is in repeated or continuing violation of this act,
regulations or the terms and conditions of any license, permit or
order issued under this act, or the Radiation Protection Act.
(10) Implement policies, including fee schedules and other incentives,
to the extent authorized by the Appalachian Compact and State and
Federal law to reduce the volume and toxicity of low-level radioactive
waste.
(11) Promulgate regulations establishing a low-level radioactive waste
classification system which shall take into consideration curie
concentration, toxicity, hazardous life and prior treatment of wastes.
(12) Promulgate regulations establishing standards for the hazardous
life of low-level waste which shall be at least as restrictive as
Federal standards.
(13) Provide for emergency response capability in cooperation with the
Pennsylvania Emergency Management Agency.
(14) Do any and all other acts not inconsistent with the provisions of
this act which are necessary and proper for the effective
implementation and enforcement of this act and the Radiation Protection
Act.
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