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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:
§ 7130.318. Host and affected municipality benefits and guarantees
(a) FUNDING FOR EVALUATION OF PROPOSAL.-- Upon submission of the potentially suitable sites application to the Environmental Quality Board for approval, the department shall provide a reasonable amount of funds, not to exceed $ 100,000 per site, to the proposed host municipalities in the study under section 307(c), and, upon the request of such county, the department shall provide a reasonable amount of funds, not to exceed $ 100,000 per site, to the proposed host county in the study under section 307(c) to evaluate the proposal submitted by the operator-licensee. The host municipality and the host county shall present their findings to the board not more than 180 days after receipt of funds under this subsection. Strict accounting and verification of expenditures for activities related to this topic shall be provided by the potential host municipalities to the department in accordance with their municipal codes. All unused moneys shall be returned to the department.
(b) FUNDING FOR EVALUATION OF APPLICATION.-- Upon receipt of a license application from the operator-licensee designates, the department shall provide a reasonable amount of funds, not to exceed $ 150,000, to the potential host municipality to carry out an independent evaluation of the application, and, upon the request of such county, the department shall provide a reasonable amount of funds, not to exceed $ 150,000, to the potential host county to carry out an independent evaluation of the application. The potential host municipality and county, within 180 days after receipt of funds under this subsection, shall present its findings to the department for inclusion in the licensing proceedings. Strict accounting and verification of expenditures for activities related to this topic shall be provided by the host municipality to the department in accordance with its municipal code. All unused moneys shall be returned to the department.
(c) ADDITIONAL MEMBERS OF ADVISORY COMMITTEE.-- After the license application has been received, the potential host municipality and potential host county will be requested to nominate one additional member each to the department's Low-Level Waste Advisory Committee.
(d) PETITION FOR DESIGNATION AS AFFECTED MUNICIPALITY.-- After the license application has been received, a municipality may petition the department to be designated as an affected municipality. The department shall designate affected municipalities based upon, but not limited to, the contents of the petition, the results of the social and economic impact and environmental impact studies submitted as part of the potentially suitable site proposal under section 307, and the license application under section 308. This shall not preclude the department from designating a municipality as affected even though the municipality has not submitted a petition. At least 30 days prior to taking final action, the department shall publish for comment in the Pennsylvania Bulletin a notice of its intent to grant or deny designation of a municipality as an affected municipality under this act, including the reasons for its action.
(e) DESIGNATION AS COMPONENT OF LICENSE.-- The department shall designate host and affected municipalities as a part of the license.
(f) SURCHARGE FOR MUNICIPALITIES.-- With the approval of the department, the operator shall establish a reasonable surcharge on rates charged for waste disposed at the regional facility to be paid to the host municipality, host county and affected municipalities for the following purposes:
(1) Training and equipping the first responding fire, police and
ambulance services to handle anticipated emergency events at the
regional facility or on the transportation routes serving the site
within the host or affected municipalities.
(2) Support for affected county emergency management planning, training
and central dispatch facilities as may be required to handle
anticipated emergency events at the regional facility.
(3) A minimum dollar amount guaranteed annually regardless of the
volume of waste received at the regional facility and any additional
amount per unit of waste (cubic foot, curie content or a combination of
the two) the operator and host municipality may agree upon. These
funds will go directly to the host municipality.
(4) Payment of school district and municipal property taxes for
individuals whose primary residence is within two miles of the regional
facility for the operational life of the facility. For purposes of
this section, a primary residence is the property in which the owner
resides for at least nine months of each year. Payments under this
section shall be prorated based on the assessed value of property
located within two miles of the facility.
(5) The hiring by the host municipality of two full-time qualified
inspectors, as determined by the department, to perform inspections of
all activities at the regional facility under a written agreement with
the department. The inspectors shall have the right of independent
access to inspect any and all records and activities at the site and to
carry out joint inspections with the department. The department shall
respond immediately to any emergency complaint of the host municipality
inspector. The department shall respond to any written complaint of
the inspector within 24 hours.
(6) The hiring, upon the request of the host county, of two full-time
qualified host county inspectors, to perform inspections of all
activities at the regional facility under a written agreement with the
department. The inspectors shall have the same authority and
responsibilities as the host municipality inspectors as outlined in
paragraph (5) and section 502.
(7) The development of an educational program for host inspectors and
interested parties.
(8) Funds for the expenses incurred by an Environmental Advisory
Council serving the host municipality or the affected municipalities,
which has been set up pursuant to the act of December 21, 1973 (P.L.
425, No. 148), referred to as the Municipal Environmental Advisory
Council Law, for the purpose of advising government agencies, elected
officials and the public on matters dealing with the protection and
conservation of the environment, including the immediate area of the
disposal site.
(g) AUTHORITY OF MUNICIPALITY.-- The host and affected municipalities' governing bodies shall have the exclusive power, authority and duty to determine how to utilize any funds received under this section, provided that such expenditures or utilization shall be consistent with the provisions of the prevailing municipal code in effect at the time of the expenditure.
(h) ADDITIONAL DUTIES OF OPERATOR.-- The operator shall also provide for the following:
(1) An independent periodic well and surface water sampling program and
soil and plant sampling program which will provide analyses for
radioactive and specified chemical contamination for properties within
three miles of the boundary of the regional facility. Test results
shall be supplied to the host or affected municipality, homeowner and
the department.
(2) An independent, continuous, air, well water, surface water and soil
sampling program which will provide analyses for radioactive and
specified chemical contamination at the regional facility boundary.
Test results shall be supplied to the host county, host municipality,
affected municipality landowners, homeowners and the department.
(3) A property purchase program as follows:
(i) Any landowner will be guaranteed the sale of his property or
purchase by the site operator at property values immediately prior to
the time operator-licensee designate's potentially suitable site
application is submitted to the department, and any subsequent
improvements since that date provided that the real property and
improvements thereto are located within two miles from the boundary
of the regional facility.
(ii) The guarantee shall be in effect for a two-year period, this
period to begin on the date of issuance of the license by the
department.
(4) Prior to acceptance of waste at the regional facility, and every
three years thereafter, the operator will provide updated information
for the health survey related to cancer and other disease rates and
birth defects of the population within a five mile radius of the
facility, and shall offer without charge whole-body radioactivity
measurements and other measures appropriate to assess the presence of
internal radioactive emitters to all permanent residents within the
host municipality or within five miles of the boundary of the regional
facility. All data shall be provided to the individual with a full
explanation of the results and copies made available to the host or
affected municipality and the department. Tests other than the above
shall also be made available, subject to the approval of the
department. Results of all such tests shall be considered confidential
medical records. The department shall retain copies of all records
provided to it.
(i) ADDITIONAL DUTIES OF DEPARTMENT.-- In addition, the department shall:
(1) Submit all final inspection reports to the host municipality and
host county within five working days.
(2) Notify the host municipality and host county of all enforcement or
emergency actions at the regional facility immediately.
(j) BENEFIT SHARING.-- Where there are two or more host municipalities, the benefits under this section shall be shared according to an agreement to be reached between these host municipalities. If an agreement cannot be reached, the department will decide upon a final division of the benefits, which decision shall not be reviewable.
(k) LOCAL ORDINANCES.-- The host municipality shall have the authority to adopt reasonable ordinances, including, but not limited to, ordinances concerning the hours and days of operation of the facility and traffic. Such ordinances may be in addition to, but not less stringent than, not inconsistent with, and not in violation of any provision of this act, any regulation promulgated pursuant to this act or any license issued pursuant to this act. Such ordinances found to be inconsistent and not in substantial conformity with this act shall be superseded pursuant to section 503. Appeals under this section may be brought before a court of competent jurisdiction.
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