Michigan Compiled Laws — LOW-LEVEL RADIOACTIVE WASTE AUTHORITY ACT (Act 204 of 1987)

Short title.

This act shall be known and may be cited as the "low-level radioactive waste authority act".

Definitions.

As used in this act: (a) "Authority" means the low-level radioactive waste authority established in section 3. (b) "Candidate site" means a site designated by the authority as a possible host site pursuant to section 11. (c) "Carrier" means a person authorized pursuant to part 137 who is engaged in the transportation o…

Low-level radioactive waste authority; creation; autonomous entity; commissioner as head of authority; appointment, qualifications, and term of commissioner; vacancy; salary; exemption from civil service; employment of personnel.

(1) An authority is created to be known as the low-level radioactive waste authority. The authority is an autonomous entity within the department of commerce. The authority shall exercise its powers and duties independently of the department of commerce, including the budgeting, procurement, contracting for, and actual…

Powers of authority generally.

In addition to the powers provided in this act and part 137, subject to other applicable requirements of law, the powers of the authority include all of the following: (a) Hold public meetings in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michig…

Duties of authority generally.

(1) In addition to the duties provided in this act and in part 137, subject to other applicable requirements of law, the duties of the authority include all of the following: (a) Select the host site. (b) Submit an application to the department for a construction and operating license for the disposal site that meets t…

Application for construction and operating license; agreements or contracts with person to perform responsibility of authority; notice; public comment; forwarding copy of contract.

(1) The authority shall submit an application to the department for a construction and operating license pursuant to the requirements of part 137. If this state is not a full agreement state, the authority shall also apply to the nuclear regulatory commission for a construction and operating license. (2) If the authori…

Establishment of process permitting municipality to volunteer as host site; minimum requirement; notice; powers and duties of authority; construction of section.

(1) Within 60 days of the effective date of this act, the authority shall establish a process by which a municipality may volunteer to be the host site. At a minimum, the process shall require that in order for a municipality to be considered a volunteer host site community there shall be a majority vote of the governi…

Siting criteria advisory committee; establishment; independent entity; appointment, qualifications, and terms of members; powers of committee; vacancy; quorum; action by committee; staff and services; assistance to committee; meetings; notice; reimbursement for expenses.

(1) Within 30 days of the effective date of this act, the authority shall organize the establishment of a siting criteria advisory committee. The siting criteria advisory committee shall be formulated as an independent entity within the department of management and budget and shall consist of 5 individuals who shall be…

Final siting criteria; establishment; review and consideration of proposed siting criteria; draft version; public hearing.

(1) The authority shall establish final siting criteria. (2) In establishing final siting criteria, the authority shall review and consider the proposed siting criteria that may be presented by the siting criteria advisory committee established pursuant to section 8. Thirty days before establishing final siting criteri…

Final siting criteria; establishment; minimum requirement.

The authority shall establish final siting criteria that at a minimum excludes a candidate site that is any of the following: (a) Located in a 500-year floodplain. (b) Located over a sole source aquifer. (c) Located 1 mile or less from a fault where tectonic movement has occurred within the 10,000 years preceding the e…

Designation of 3 qualified candidate sites; exclusion of certain sites; preference to be given certain sites; waiver of criteria; notice; public hearing.

(1) The authority shall utilize the powers and exercise the duties provided in this act to designate 3 qualified and available candidate sites in this state. (2) In designating 3 candidate sites, the authority shall exclude any site that is not all of the following: (a) Suitable for providing a stable foundation for en…

Site characterization; comprehensive baseline environmental monitoring program; data; access to candidate site.

(1) Immediately following designation of the candidate sites by the authority, the authority, after consultation with the department and the department of natural resources, shall begin site characterization at each candidate site. The site characterization shall establish a comprehensive baseline environmental monitor…

Review board; establishment; purpose; public hearings; recommendations; appointment and qualifications of members; chairperson; quorum; meetings; notice; reimbursement for expenses.

(1) Not more than 90 days following the designation of each candidate site, a review board shall be established to provide recommendations to the authority regarding provisions and stipulations that would mitigate the concerns of the municipality in which each candidate site is located if that municipality is selected…

Local monitoring committee; establishment; purpose; powers and duties; disbandment; duration.

(1) Within 30 days of the designation by the authority of the candidate sites, the governing body of a municipality in which a candidate site is located shall establish a local monitoring committee to represent the interests of the citizens of the municipality in which the candidate site is located. Each governing body…

Preliminary designation of host site; transmittal and availability of information; rejection of site; terms of agreement; design and construction of disposal site; “legislative working day” defined.

(1) The commissioner shall make a preliminary designation of the host site. Immediately following the preliminary designation of the host site, the authority shall transmit to the secretary of the senate and the clerk of the house of representatives the name and location of that site and any other information that the…

(1) The local monitoring committee for the host site community may negotiate with the authority regarding any of the following: (a) Monetary and nonmonetary forms of compensation. (b) Matters pertaining to disposal site access and transportation issues resulting from the siting of the disposal site. (c) The landscaping…

(1) No later than October 1, 1988, the authority shall organize the establishment of an international low-level radioactive waste research and education institute. The authority may enter into agreements with a state university or college or a consortium of universities or colleges as may be necessary to establish the…

Report and recommendations; preparation and submission.

(1) The authority shall each month prepare and submit to the department a report that sets forth all of the following information: (a) The character, volume, class, and curie count of waste received by the authority. (b) The number of manifests and shipments of waste received by the authority during the reporting perio…

Report by generator; contents; preparation and presentation of summary.

(1) By October 1 of each year, or as otherwise required by the authority, a generator shall report to the authority the following information about the waste it generates: (a) Volume of waste. (b) Curie content and principal radionuclides present. (c) Form of waste. (d) Methods used to store waste. (e) Any other inform…

(1) The authority shall establish a fee system that is reasonable and equitable and that provides the authority with sufficient revenue to cover any and all costs associated with the disposal site, including, but not limited to, the planning, siting, licensure, operation, regulation, monitoring, site closure and stabil…

Michigan as host state; agreement to include provision providing penalty for default.

If this state enters into a compact and, pursuant to agreements entered into by the compact members, Michigan is selected as the host state for the disposal site and fulfills its obligations to serve as the host state, the contractual agreement among the compact members shall include a provision that provides a penalty…

Low-level radioactive waste management fund; creation; administration; appropriations; expenditures; sources of revenue; exemption of assets from taxation; preservation and use of assets.

(1) There is hereby created in the state treasury a low-level radioactive waste management fund that shall be administered by the authority. The legislature shall make appropriations from the fund as provided in part 137 and as necessary to assure that the authority is able to fully implement its powers and responsibil…

Bonds.

(1) For the purpose of financing the project costs associated with the disposal site, the authority may borrow money and issue its revenue bonds payable solely from the disposal site revenues, except to the extent paid from the proceeds of sale of revenue bonds or from any other security provided for and pledged as pro…

Noncompliance.

The failure of the authority to comply with a requirement of this act that pertains to specified dates by which certain acts are to occur shall not invalidate an action taken by the authority after the specified date, if that action is otherwise in compliance with this act.

Annual report.

The authority shall make an annual report to the governor and to the legislature. The annual report shall include a full account of the activities of the authority.