Michigan Laws 333.26206 – Application for construction and operating license; agreements or contracts with person to perform responsibility of authority; notice; public comment; forwarding copy of contract
Current as of: 2023 | Check for updates
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(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 authority elects to enter into agreements or contracts with a person to perform a responsibility of the authority, the authority shall do all of the following:
Terms Used In Michigan Laws 333.26206
- Authority: means the low-level radioactive waste authority established in section 3. See Michigan Laws 333.26202
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of public health. See Michigan Laws 333.26202
- Disposal: means the isolation of waste from the biosphere by emplacement in the disposal site or as otherwise authorized in section 13709(3) of part 137. See Michigan Laws 333.26202
- Disposal site: means a geographic location in this state upon which the disposal unit and any other structures and appurtenances are located, the property upon which any monitoring equipment is located, and the isolation distance from the disposal unit to adjacent property lines. See Michigan Laws 333.26202
- fund: means the fund created in section 20. See Michigan Laws 333.26202
- Operation: means the control, supervision, or implementation of the actual physical activities involved in the acceptance, storage, disposal, and monitoring of waste at the disposal site, the maintenance of the disposal site, and any other responsibility pertaining to the disposal unit and the disposal site. See Michigan Laws 333.26202
- Person: means an individual, partnership, cooperative, association, corporation, receiver, trustee, or assignee. See Michigan Laws 333.26202
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(a) Establish minimum qualifications for the person.
(b) Establish the responsibilities of the person and specify the responsibilities that the authority retains.
(c) Determine whether the person is required to obtain a surety bond, a secured trust fund, or other suitable security instrument or mechanism.
(d) Comply with all the requirements in part 137 and the rules promulgated under part 137.
(3) If the authority elects to enter into a contract to prepare an application for a construction and operating license for the disposal site or for the operation of the disposal site, in addition to the requirements under subsection (2), the authority shall provide public notice and an opportunity for public comment on the minimum qualifications required of the person. The authority shall forward a copy of each contract entered into by the authority to perform a responsibility of the authority to the department, the department of natural resources, and the attorney general.