Section 29-0701. Financial requirements for low-level radioactive waste disposal facilities

1. Within eighteen months after the effective date  of  this  section,
  the  commissioner  shall promulgate regulations applicable to facilities
  for the permanent disposal of low-level radioactive waste which identify
  financial requirements to be  included  as  conditions  in  permits  for
  facilities  for  the  management  of  low-level  radioactive waste. Such
  conditions  shall  provide  for  the  remediation  of  failures   during
  operation  and  after  facility  closure,  for facility closure, and for
  pre-closure and post-closure facility monitoring and maintenance.   Such
  regulations shall:
    a.  Reflect  due  consideration of the sizes and locations of affected
  facilities, the  natures  and  volume  of  low-level  radioactive  waste
  involved,  the types of facilities and the degrees and durations of risk
  to human health or the environment.
    b. Provide for the establishment, administration, terms and conditions
  of the following methods or instruments to be used as alternatives or in
  combinations, in  order  to  achieve  non-duplicative  coverage  of  the
  financial assurance requirements mandated by this section:
    (i) Trust funds.
    (ii) Surety or performance bonds.
    (iii)Letters of credit.
    (iv) Liability insurance or annuities.
    (v)  Guarantees  provided  by  corporate  or  other legal or financial
  affiliates of the facility owner or operator.
    c. Establish the duration of such financial requirements.
    2. Any owner or operator of such a  facility  for  the  management  of
  low-level  radioactive  waste  may  request a modification of any of the
  financial requirements established pursuant to subdivision one  of  this
  section.  A  modification  may  be  granted  in  the  discretion  of the
  department if such financial requirements are found to be unnecessary or
  inappropriate, consistent with the public interest and the  purposes  of
  this section and supported by written findings setting forth the reasons
  for  the modification. Such a modification request shall be considered a
  request for modification of the permit for the facility.    In  no  case
  shall  a  modification granted pursuant to this subdivision eliminate or
  reduce the minimum requirements established in subdivision four of  this
  section.
    3.  In  addition to the financial requirements established pursuant to
  subdivision one of this section, any permits for such facilities for the
  management of low-level radioactive waste issued by the department  may,
  if  it is determined that adequate protection of the public so requires,
  include conditions related to any or all  of  the  following,  including
  responsibility for the costs thereof:
    a.  On-site  environmental monitors whose function shall be to monitor
  compliance with  permit  conditions.  The  commissioner  may  promulgate
  regulations regarding the use of such monitors.
    b.  Site  safety plans whereby the permittee shall establish, with the
  cooperation of local  government  officials,  a  community  and  project
  safety  plan, including but not limited to an accident response based on
  a worst-case condition,  on-site  and  off-site,  a  personnel  training
  program,  provisions  for coordination with local emergency services and
  regular training exercises. Any  such  plan  shall  be  subject  to  the
  approval of the department.
    4.  Any  permits  for  such facilities for the management of low-level
  radioactive waste issued by the department shall require  the  owner  or
  operator  to provide, at a minimum, one of the methods or instruments of
  financial assurance provided for in paragraph b of  subdivision  one  of

  this  section.  Such  methods or instruments shall be designed to insure
  proper facility closure, based on the  estimates  approved  pursuant  to
  section  29-0703  of  this  title,  and  coverage of personal injury and
  property  damage  to  third  parties  caused  by  the  operation of such
  facility. Such methods  or  instruments  shall  from  time  to  time  be
  reviewed  and  updated,  pursuant  to  regulations  promulgated  by  the
  department, to insure their continued adequacy for the purposes of  this
  section.