Chapter 111H

Section 1. As used in this chapter, the following words shall, unless the context clearly indicates otherwise, have the following meanings:— ''Affected community'', a community, other than a site community, which is identified in an environmental impact report prepared pursuant t…

Section 10. Planning for low-level radioactive waste management shall be conducted, subject to appropriation, in accordance with sections eleven to seventeen, inclusive, which shall be known and cited as ''Phase I of the Low–Level Radioactive Waste Management Act''. The provision…

Section 11. (a) The adoption of a management plan under section twelve, the adoption of regulations for source minimization, volume minimization and storage for decay under section thirteen, the adoption of regulations for the selection of any superior site under section fourteen…

Section 12. (a) The board shall prepare, adopt by regulation, and implement a management plan to provide for the safe and efficient management of low-level radioactive waste. The primary consideration guiding the development of the management plan shall be the protection of publi…

Section 13. The department of public health, after consultation with the board, shall establish a program for low-level radioactive waste source minimization, volume minimization and storage for decay by generators. Said department shall adopt regulations necessary to implement s…

Section 14. (a) The department of environmental protection shall adopt regulations establishing criteria for the selection of any superior site, guidelines for their application, procedures for the conduct of site selection and plans for the creation within said department of a s…

Section 15. The board shall adopt regulations governing the selection of operators. Such regulations shall include financial, technical and management criteria and shall establish procedures adequate to determine that the operator possesses sufficient reliability, expertise, and …

Section 16. (a) The department of public health shall adopt regulations for the licensing, development, operation, closure, post-closure observation and maintenance, and institutional control of facilities in accordance with the procedure established in this section. Such regulat…

Section 17. (a) The board shall initiate the site selection process established in sections eighteen to twenty-three, inclusive, if it determines, by a two-thirds vote of its members, that it is necessary and appropriate to proceed with site selection. Such vote may be taken only…

Section 18. The selection of any superior site shall be conducted in accordance with sections nineteen to twenty-four, inclusive, which shall be known and may be cited as ''Phase II of the Low–Level Radioactive Waste Management Act,'' and in accordance with the regulations adopte…

Section 19. (a) The site selection process conducted pursuant to sections twenty and twenty-three shall be in accordance with the procedures set forth in this section. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented …

Section 20. (a) The board shall issue a statewide mapping and screening report using existing data and analysis collected by the statewide resource center established pursuant to section fourteen or obtained by the board as of the date of its vote to initiate site selection. Such…

Section 21. (a) Upon issuance of the draft candidate site identification report, the board shall request the chief executive officer of each community in which is located all or part of a candidate site identified in such draft report to take appropriate action to establish a com…

Section 22. (a) Within sixty days of a vote, pursuant to section seventeen, to initiate site selection, and after consultation with the commissioner of capital asset management and maintenance the board shall issue a request for proposals for the development, operation, closure a…

Section 23. (a) Each community supervisory committee shall assist the board in developing a detailed site characterization plan for a candidate site located within the community and participate throughout the implementation of such detailed site characterization plan. Appropriate…

Section 24. (a) Upon petition by any person aggrieved by an action taken pursuant to sections nineteen, twenty, or twenty-three, made within thirty days after selection of a superior site pursuant to section twenty-three, the commissioner of the department of environmental protec…

Section 25. The selection of an operator and technology or technologies to be utilized at a facility to be developed at any superior site shall be, conducted in accordance with sections twenty-six to twenty-eight, inclusive, which shall be known and be cited as ''Phase III of the…

Section 26. (a) Upon the expiration of thirty days after the selection of any superior site or, if a petition for an adjudicatory proceeding has been filed pursuant to section twenty-four, upon a final decision of the commissioner of the department of environmental protection app…

Section 27. (a) No sooner than eleven months and no more than one year and two months after the acceptance of the candidate site identification report pursuant to section twenty, the community supervisory committee of each candidate site community shall interview those certified …

Section 28. (a) Within sixty days of the selection of the operator pursuant to section twenty-seven, the board shall execute a development contract under which such operator shall be obligated to fulfill all of the requirements of the facility approval process established in sect…

Section 29. Facility approval and licensing shall be conducted in accordance with sections thirty to thirty-four, inclusive, which shall be known and be cited as ''Phase IV of the Low–Level Radioactive Waste Management Act'', and in accordance with the regulations adopted under s…

Section 30. (a) Except as otherwise provided in this section, the development, operation, closure, post-closure observation and maintenance and institutional control of a facility at any superior site shall be subject to sections sixty-one to sixty-two H, inclusive, of chapter th…

Section 31. (a) Upon the filing with the secretary of the executive office of environmental affairs of a notification pursuant to section thirty of intent to apply for a facility license, the operator may file a facility license application with the department of public health in…

[There is no 111H:32.]

Section 33. (a) Upon issuance of a facility license pursuant to section thirty-one, the board, after consultation with the community supervisory committee of each site community, and the operator shall negotiate a comprehensive operating contract setting forth, consistent with th…

Section 34. Any community compensation to be provided for site communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community's population residing within three miles of the facility bears to the total po…

Section 35. Facility development, operation, closure, and post-closure observation and maintenance shall be conducted in accordance with sections thirty-six to forty-four, inclusive, shall be known and be cited as ''Phase V of the Low–Level Radioactive Waste Management Act'', and…

Section 36. (a) Within thirty days of the issuance of a facility license pursuant to section thirty-one; the department of public health shall, after consultation with the department of environmental protection and the board of health of each site community, establish a comprehen…

Section 37. Upon the determination of the department of public health that the environmental monitoring program or detailed site characterization of the superior site has yielded representative baseline data, the operator may commence construction of the facility. The operator sh…

Section 38. (a) Upon the issuance of a facility license pursuant to section thirty-one, and annually thereafter, until the facility license is transferred to the board pursuant to section forty-six, the department of public health shall establish a payment to be made by the opera…

Section 39. (a) Upon written notification by the operator that the facility is ready to accept low-level radioactive waste, and upon written notification by the department of public health that the facility is in compliance with all regulations and conditions of the facility lice…

Section 4. (a) The board shall have the following powers and duties: (1) to take any action authorized by this chapter either directly or through, or by means of, its own officers, agents or employees, or by contract with any person, including, but not limited to, the adoption of…

Section 40. (a) The facility shall be operated in accordance with this section and with regulations adopted under section sixteen. All shipments of low-level radioactive waste shall, upon arrival at the facility, enter the facility, but shall not proceed into the waste management…

Section 41. (a) There is hereby established within the Low–Level Radioactive Waste Trust Fund, a contingent liability account and the institutional control account. The board shall determine annually the amount of revenues, raised from the surcharges imposed pursuant to section t…

Section 42. The Low–Level Radioactive Waste Trust Fund, established by section thirty-five H of chapter ten, shall be administered by the board, without liability on the part of the commonwealth beyond the amounts credited to and earned by the fund. The treasurer shall make payme…

Section 43. (a) At least one year prior to the date scheduled for facility closure in the facility closure plan required to be prepared and maintained by regulations issued pursuant to section sixteen, the operator shall submit such plan to the department of public health and the…

Section 44. Upon completion of site closure activities, the operator shall, for no less than five years thereafter, engage in active observation and maintenance of the facility in accordance with regulations adopted pursuant to section sixteen and the conditions of the facility l…

Section 45. Institutional control of a facility shall be conducted, subject to appropriation, in accordance with sections forty-six and forty-seven, which shall be known and may be cited as ''Phase VI of the Low–Level Radioactive Waste Management Act'', and in accordance with the…

Section 46. (a) No sooner than five years after the implementation of the site closure plan pursuant to section forty-four, the board shall accept transfer of the facility license from the operator, if it determines that the operator has fulfilled all of its obligations under the…

Section 47. The board shall be responsible for institutional control of the facility in accordance with the program approved by the department of public health and regulations adopted pursuant to section sixteen. The board shall annually issue a report of its institutional contro…

Section 48. The selection of an operator and the development of a facility pursuant to this chapter shall, for the purposes of section forty-two B of chapter seven, be construed as an alternative method of design and construction services approved by the legislature, and shall no…

Section 4A. (a) There is hereby established on the books of the commonwealth a separate fund, to be known as the Low Level Radioactive Waste Management Fund. For the purpose of providing funds to implement the management plan adopted pursuant to section twelve and to carry out th…

Section 4B. (a) If the board finds, after notice of any violation of section four A and an opportunity for a hearing have been provided, that any person is not in compliance with any requirement of section four A, or with any provision of any regulation adopted thereunder, it may…

Section 6. The executive director, after an open and competitive selection process, shall appoint a full-time public participation coordinator based on demonstrated competence subject to approval by a vote of the board. The public participation coordinator's duties shall include:…

Section 7. (a) For the purpose of ensuring the accuracy and completeness of the low-level radioactive waste management plan or of determining compliance with this chapter or any regulations adopted hereunder, each person who generates, treats, stores, transports or disposes of lo…

Section 8. (a) The department of public health may issue orders as are reasonably necessary for the enforcement of the provisions of this chapter. Such orders may include, but not be limited to orders modifying, suspending, or revoking licenses and orders requiring persons to cea…

Section 9. (a) It shall be the responsibility of the operator to take all appropriate steps to clean up and stabilize the facility and to contain migration of low-level radioactive waste or associated toxic materials, whenever there has been or impends a release of such materials…