Section 321. Low-level waste compaction.
(a) Siting regulations.--No license or permit to construct, alter, own or operate a commercial low-level radioactive waste compactor shall be issued until the Environmental Quality Board has promulgated siting regulations for such facilities. No such license or permit shall be issued unless the applicant has demonstrated with clear and convincing evidence that the site selected for the commercial compactor satisfies the siting regulations. This subsection shall not apply to any commercial compactor facility which obtained a license from the United States Nuclear Regulatory Commission authorizing operation pursuant to the Atomic Energy Act of 1954 prior to the effective date of this act, provided that such compactor facility shall comply with all applicable Federal and State requirements relating to operations and monitoring and shall obtain all applicable State environmental permits. For purposes of this section, a commercial compactor is any compactor of low-level waste except:
(1) One which compacts waste at the site of generation, including one situated on the premises of a hospital or research laboratory.
(2) One which only compacts waste generated by the facility owner.
(3) A compactor which compacts waste at the regional facility.
(b) Nonexclusive.--Nothing in this act shall preempt or prevent any political subdivision from enacting or enforcing ordinances otherwise within its powers to enact which are adopted pursuant to the political subdivisions' powers reserved under the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, and other environmental protection statutes of this Commonwealth.
Compiler's Note: Section 502(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Environmental Quality Board shall have the powers and duties currently vested in it, except as vested in the Department of Conservation and Natural Resources by Act 18 of 1995, which powers and duties include those set forth in section 321.