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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:
§ 7130.308. Operator licensing
(a) REGULATIONS.-- The department shall establish by regulation the procedure and requirements for licensing of the regional facility operator. The regulation shall provide, without limitation:
(1) Authority for the amendment, suspension or revocation of the
license.
(2) Consent for entry into the regional facility.
(3) Requirements for the form of the application and the information to
be provided.
(4) Requirements for submission of a decommissioning plan for the
regional facility.
(5) Requirements that the application and all submissions be in writing
and signed.
(b) FURTHER STATEMENTS AND INSPECTIONS.-- The department may at any time after the filing of the application, and before the expiration of the license, require further written statements and may make such inspections as the department deems necessary to determine whether the license should be granted, modified, suspended or revoked. All applications and statements shall be signed by the applicant or licensee.
(c) IMPACT ANALYSIS.-- The license applicant shall prepare a written analysis of the impact of such licensed activity. The analysis shall be available to the public at least 120 days before the commencement of hearings held pursuant to subsection (d) and shall include:
(1) A detailed assessment of the radiological and nonradiological
impacts to the public health and on the environment.
(2) A detailed assessment of the impact on the quality and quantity of
the surface and groundwater within a five-mile radius of the site.
(3) Consideration of the short-term and long-term public health and
environmental impacts from closure, decommissioning, decontamination
and reclamation of facilities and sites associated with the licensed
activities and management of any radioactive materials which will
remain on the site after such closure, decommissioning, decontamination
and reclamation. These impacts shall include, but not be limited to,
adverse effects due to prior activities and conditions, including water
and air quality problems, a health survey of cancer and other disease
rates and birth defects, and prior mining.
(4) Consideration of the short- and long-term social and economic
impacts of the regional facility on the host municipality and affected
municipalities, to create a minimum set of items to be considered as
part of the host and affected municipality benefit negotiations. At a
minimum the study should include the impacts on local tax revenues,
public infrastructure, emergency management capabilities and social
service demands.
(5) A preoperational environmental radiation survey and a
preoperational health survey of cancer and other disease rates and
birth defects within five miles of the site.
(6) Justification for the choice of the proposed site over the other
two potentially suitable sites.
(d) DUTY OF SECRETARY.-- Before approving or disapproving the license application, the secretary shall provide:
(1) The public with the opportunity to review and inspect the license
application at a publicly available location in the area where the
regional facility is proposed to be located.
(2) A 90-day public comment period, one public information meeting and
one public hearing, not within 30 days of each other, after adequate
public notice, in the area where the regional facility is proposed to
be located. All written comments and comments contained in a
transcript of the hearing shall be considered in the secretary's
decision on the application and become part of the public record.
(3) A written determination of the action to be taken, including a
response to comments, which is based upon findings included in the
determination and upon evidence presented during the public comment
period.
(e) TERMS AND CONDITIONS OF LICENSE.-- The terms and conditions of all licenses issued under this act shall be subject to amendment, revision or modification by regulations or orders. The department shall provide by regulation for public notice of license amendment requests and for a public participation process.
(f) FINANCIAL ASSURANCE.-- No license shall be issued by the department unless the operator provides the financial assurances required by section 316.
(g) LICENSE DENIAL, SUSPENSION, ETC.-- In carrying out this act, the secretary may deny, suspend, modify or revoke any license if he finds that the applicant or licensee has failed or continues to fail to comply with any provision of this act, the Appalachian States Low-Level Radioactive Waste Compact Law, the Radiation Protection Act or any other state or Federal statute relating to environmental protection or to the protection of the public health, safety and welfare; or any rule or regulation of the department; or any order of the department; or any condition of license issued by the department; or if the department finds that the applicant or licensee has shown a lack of ability or intention to comply with any provision of this act or of any acts referred to in this section, or any rule or regulation of the department or order of the department, or any condition of any license issued by the department as indicated by past or continuing violations. In the case of a corporate applicant or licensee, the department shall deny the issuance of a license if the secretary finds that a principal of the corporation was a principal of another corporation which committed past violations of any of the above laws, unless the principal has demonstrated that the violations are not relevant to issuing the license or permit or there are other mitigating circumstances which demonstrate the applicant has the ability and intent to comply with the law.
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