A generator or broker may not transfer radioactive waste to a commercial radioactive waste treatment or disposal facility in the state without first obtaining a generator site access permit from the director.
Terms Used In Utah Code 19-3-106.4
Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
Broker: means a person who performs one or more of the following functions for a generator:
(i)
arranges for transportation of the radioactive waste;
(ii)
collects or consolidates shipments of radioactive waste; or
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
The director may grant a generator site access permit to a generator or broker if:
(a)
the Nuclear Regulatory Commission or the agreement state where the generator’s or broker’s facility is located has the jurisdiction to regulate the generator’s or broker’s handling, packaging, or transporting of radioactive materials; or
(b)
the generator or broker agrees to grant the division reasonable access to its facilities for the inspection and verification of radioactive waste using Nuclear Regulatory Commission approved accountability guidelines.
Except as provided in Subsection (4)(b), the division shall establish fees for generator site access permits in accordance with Section 63J-1-504.
(b)
On and after July 1, 2001, through June 30, 2002, the fees are:
(i)
$1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per year;
(ii)
$500 for generators transferring less than 1,000 cubic feet of radioactive waste per year; and
(iii)
$5,000 for brokers.
(c)
The division shall deposit fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108.
(5)
This section does not apply to a generator or broker transferring radioactive waste to a uranium mill licensed under 10 C.F.R. part 40, Domestic Licensing of Source Material.
