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S.B. 155
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WASTE AMENDMENTS
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Darin G. Peterson
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House Sponsor:
James R. Gowans
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Cosponsor:Curtis S. Bramble
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LONG TITLE
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General Description:
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This bill exempts certain radioactive waste disposal facilities from certain approval and
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siting requirements.
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Highlighted Provisions:
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This bill:
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. exempts a radioactive waste disposal facility license in effect on or before
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December 31, 2006 from local government planning and zoning approval,
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legislative and gubernatorial approval, and certain siting requirements; and
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. exempts an amendment to or renewal of a radioactive waste disposal facility license
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in effect on or before December 31, 2006 from local government planning and
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zoning approval, legislative and gubernatorial approval, and certain siting
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requirements unless the amendment or renewal would authorize waste disposal at a
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different geographic location.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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19-3-104, as last amended by Chapter 10, Laws of Utah 2005
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19-3-105, as last amended by Chapter 10, Laws of Utah 2005
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
19-3-104
is amended to read:
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19-3-104. Registration and licensing of radiation sources by department --
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Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
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(1) As used in this section:
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(a) "Decommissioning" includes financial assurance.
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(b) "Source material" and "byproduct material" have the same definitions as in 42
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U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
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(2) The board may require the registration or licensing of radiation sources that
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constitute a significant health hazard.
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(3) All sources of ionizing radiation, including ionizing radiation producing machines,
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shall be registered or licensed by the department.
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(4) The board may make rules:
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(a) necessary for controlling exposure to sources of radiation that constitute a
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significant health hazard;
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(b) to meet the requirements of federal law relating to radiation control to ensure the
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radiation control program under this part is qualified to maintain primacy from the federal
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government;
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(c) to establish:
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(i) board accreditation requirements and procedures for mammography facilities; and
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(ii) certification procedure and qualifications for persons who survey mammography
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equipment and oversee quality assurance practices at mammography facilities; and
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(d) as necessary regarding the possession, use, transfer, or delivery of source and
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byproduct material and the disposal of byproduct material to establish requirements for:
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(i) the licensing, operation, decontamination, and decommissioning, including financial
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assurances; and
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(ii) the reclamation of sites, structures, and equipment used in conjunction with the
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activities described in this Subsection (4).
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(5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
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byproduct material and the disposal of byproduct material at uranium mills or commercial
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waste facilities, as provided in this Subsection (5).
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(b) On and after January 1, 2003 through March 30, 2003:
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(i) $6,667 per month for uranium mills or commercial sites disposing of or
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reprocessing byproduct material; and
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(ii) $4,167 per month for those uranium mills the executive secretary has determined
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are on standby status.
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(c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
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(5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
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amendment for agreement state status for uranium recovery regulation on or before March 30,
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2003.
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(d) If the Nuclear Regulatory Commission does not grant the amendment for state
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agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
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are not required to be paid until on and after the later date of:
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(i) October 1, 2003; or
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(ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
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agreement state status for uranium recovery regulation.
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(e) For the payment periods beginning on and after July 1, 2003, the department shall
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establish the fees required under Subsection (5)(a) under Section
63-38-3.2
, subject to the
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restrictions under Subsection (5)(d).
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(f) The department shall deposit fees it receives under this Subsection (5) into the
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Environmental Quality Restricted Account created in Section
19-1-108
.
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(6) (a) The department shall assess fees for registration, licensing, and inspection of
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radiation sources under this section.
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(b) The department shall comply with the requirements of Section
63-38-3.2
in
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assessing fees for licensure and registration.
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(7) The department shall coordinate its activities with the Department of Health rules
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made under Section
26-21a-203
.
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(8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
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purpose of the state assuming responsibilities from the United States Nuclear Regulatory
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Commission with respect to regulation of sources of ionizing radiation, that are more stringent
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than the corresponding federal regulations which address the same circumstances.
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(b) In adopting those rules, the board may incorporate corresponding federal
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regulations by reference.
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(9) (a) The board may adopt rules more stringent than corresponding federal
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regulations for the purpose described in Subsection (8) only if it makes a written finding after
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public comment and hearing and based on evidence in the record that corresponding federal
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regulations are not adequate to protect public health and the environment of the state.
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(b) Those findings shall be accompanied by an opinion referring to and evaluating the
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public health and environmental information and studies contained in the record which form
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the basis for the board's conclusion.
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(10) (a) The board shall by rule:
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(i) authorize independent qualified experts to conduct inspections required under this
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chapter of x-ray facilities registered with the division; and
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(ii) establish qualifications and certification procedures necessary for independent
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experts to conduct these inspections.
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(b) Independent experts under this Subsection (10) are not considered employees or
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representatives of the division or the state when conducting the inspections.
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(11) (a) The board may by rule establish criteria for siting commercial low-level
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radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
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19-3-103.7
.
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(b) [Any] Subject to Subsection
19-3-105
(10), any facility under Subsection (11)(a) for
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which a radioactive material license is required by this section shall comply with those criteria.
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(c) [A] Subject to Subsection
19-3-105
(10), a facility may not receive a radioactive
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material license until siting criteria have been established by the board. The criteria also apply
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to facilities that have applied for but not received a radioactive material license.
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(12) The board shall by rule establish financial assurance requirements for closure and
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postclosure care of radioactive waste land disposal facilities, taking into account existing
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financial assurance requirements.
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Section 2.
Section
19-3-105
is amended to read:
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19-3-105. Definitions -- Legislative and gubernatorial approval required for
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radioactive waste license -- Exceptions -- Application for new, renewed, or amended
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license.
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(1) As used in this section:
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(a) "Alternate feed material" has the same definition as provided in Section
59-24-102
.
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(b) (i) "Class A low-level radioactive waste" means:
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(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
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(B) radium-226 up to a maximum radionuclide concentration level of 10,000
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picocuries per gram.
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(ii) "Class A low-level radioactive waste" does not include:
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(A) uranium mill tailings;
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(B) naturally occurring radioactive materials; or
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(C) the following radionuclides if classified as "special nuclear material" under the
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Atomic Energy Act of 1954, 42 U.S.C. 2014:
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(I) uranium-233; and
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(II) uranium-235 with a radionuclide concentration level greater than the concentration
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limits for specific conditions and enrichments established by an order of the Nuclear
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Regulatory Commission:
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(Aa) to ensure criticality safety for a radioactive waste facility in the state; and
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(Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
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waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
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nuclear material exemption order.
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(c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
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stores, decays in storage, treats, or disposes of radioactive waste:
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(A) commercially for profit; or
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(B) generated at locations other than the radioactive waste facility.
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(ii) "Radioactive waste facility" does not include a facility that receives:
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(A) alternate feed material for reprocessing; or
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(B) radioactive waste from a location in the state designated as a processing site under
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42 U.S.C. 7912(f).
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(d) "Radioactive waste license" or "license" means a radioactive material license issued
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by the executive secretary under Subsection
19-3-108
(2)(c)(i), to own, construct, modify, or
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operate a radioactive waste facility.
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(2) The provisions of this section are subject to the prohibition under Section
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19-3-103.7
.
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(3) [A] Subject to Subsection (10), a person may not own, construct, modify, or operate
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a radioactive waste facility without:
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(a) having received a radioactive waste license for the facility;
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(b) meeting the requirements established by rule under Section
19-3-104
;
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(c) the approval of the governing body of the municipality or county responsible for
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local planning and zoning where the radioactive waste is or will be located; and
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(d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
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approval of the governor and the Legislature.
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(4) [A] Subject to Subsection (10), a new radioactive waste license application, or an
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application to renew or amend an existing radioactive waste license, is subject to the
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requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
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(a) specifies a different geographic site than a previously submitted application;
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(b) would cost 50% or more of the cost of construction of the original radioactive
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waste facility or the modification would result in an increase in capacity or throughput of a
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cumulative total of 50% of the total capacity or throughput which was approved in the facility
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license as of January 1, 1990, or the initial approval facility license if the initial license
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approval is subsequent to January 1, 1990; or
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(c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of
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radioactive waste having a higher radionuclide concentration limit than allowed, under an
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existing approved license held by the facility, for the specific type of waste to be received,
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transferred, stored, decayed in storage, treated, or disposed of.
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(5) The requirements of Subsection (4)(c) do not apply to an application to renew or
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amend an existing radioactive waste license if:
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(a) the radioactive waste facility requesting the renewal or amendment has received a
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license prior to January 1, 2004; and
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(b) the application to renew or amend its license is limited to a request to approve the
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receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
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radioactive waste.
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(6) A radioactive waste facility which receives a new radioactive waste license after
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May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
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application, renewal, or amendment that requests approval to receive, transfer, store, decay in
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storage, treat, or dispose of radioactive waste not previously approved under an existing license
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held by the facility.
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(7) If the board finds that approval of additional radioactive waste license applications,
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renewals, or amendments will result in inadequate oversight, monitoring, or licensure
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compliance and enforcement of existing and any additional radioactive waste facilities, the
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board shall suspend acceptance of further applications for radioactive waste licenses. The
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board shall report the suspension to the Legislative Management Committee.
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(8) The board shall review each proposed radioactive waste license application to
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determine whether the application complies with the provisions of this chapter and the rules of
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the board.
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(9) (a) If the radioactive waste license application is determined to be complete, the
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board shall issue a notice of completeness.
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(b) If the board determines that the radioactive waste license application is incomplete,
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the board shall issue a notice of deficiency, listing the additional information to be provided by
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the applicant to complete the application.
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(10) The requirements of Subsections (3)(c) and (d) and Subsection
19-3-104
(11) do
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not apply to:
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(a) a radioactive waste license that is in effect on December 31, 2006, including all
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amendments to the license that have taken effect as of December 31, 2006;
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(b) a license application, unless the license application includes an area beyond the
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facility boundary approved in the license described in Subsection (10)(a); or
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(c) an application to renew or amend a license described in Subsection (10)(a), unless
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the renewal or amendment includes an area beyond the facility boundary approved in the
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license described in Subsection (10)(a).
Legislative Review Note
as of 1-19-07 4:36 PM