Washington Code 70A.384.090 – Review of potential damage — Financial assurance
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(1) The director of the department of ecology may periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state.
Terms Used In Washington Code 70A.384.090
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of ecology. See Washington Code 70A.384.010
- Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Washington Code 70A.384.010
(2) In making the determination of the appropriate level of financial assurance, the director shall consider:
(a) The nature and purpose of the activity and its potential for injury and damages to or claims against the state and its citizens;
(b) The current and cumulative manifested volume and radioactivity of waste being packaged, transported, buried, or otherwise handled;
(c) The location where the waste is being packaged, transported, buried, or otherwise handled, including the proximity to the general public and geographic features such as geology and hydrology, if relevant; and
(d) The legal defense cost, if any, that will be paid from the required financial assurance amount.
[ 2012 c 19 § 6; 1998 c 245 § 83; 1992 c 61 § 1; 1990 c 82 § 1; 1986 c 191 § 1. Formerly RCW 43.200.200.]
NOTES:
Effective date—2012 c 19: See note following RCW 70A.384.010.