N.Y. Energy Law 18-103 – Establishment of temporary nuclear waste repositories
§ 18-103. Establishment of temporary nuclear waste repositories. 1. No person shall establish or operate a temporary nuclear waste repository within this state unless he has been granted a certificate by the board. Any such temporary nuclear waste repository with respect to which a certificate is issued shall not thereafter be built, maintained or operated except in conformity with such certificate and any terms, limitations or conditions contained therein, provided that nothing herein shall exempt such temporary nuclear waste repository from compliance with state law and regulations thereunder subsequently adopted or with municipal laws and regulations thereunder not inconsistent with the provisions of such certificate. A certificate for a temporary nuclear waste repository may be issued only pursuant to this article.
Terms Used In N.Y. Energy Law 18-103
- Application: means an application for a certificate. See N.Y. Energy Law 18-101
- Board: means the state board on temporary nuclear waste repository siting established by section 18-105 of this article. See N.Y. Energy Law 18-101
- Certificate: means a temporary nuclear waste repository siting certificate issued pursuant to the provisions of this article. See N.Y. Energy Law 18-101
- Municipality: means a county, city, town or village. See N.Y. Energy Law 18-101
- Person: means any individual, partnership, association, corporation, public benefit corporation, municipality, political subdivision, governmental agency (including any agency of the federal government), trust, estate, or other legal entity. See N.Y. Energy Law 18-101
- Temporary nuclear waste repository: means any facility where spent fuel rods from nuclear reactors are received on or after the effective date of this article and are stored pending further or final disposal, except a facility located in the immediate vicinity of a nuclear power generating facility or an operating nuclear reactor which is used to store, on an interim or temporary basis, spent nuclear fuel from nuclear power generating facilities or operating nuclear reactors located in this state. See N.Y. Energy Law 18-101
2. Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may, except as expressly authorized by this article by the board, require any approval, consent, permit, certificate or other condition for the construction or operation of a temporary nuclear waste repository with respect to which an application for a certificate hereunder has been filed, other than those provided by otherwise applicable state law for the protection of employees engaged in the construction and operation of such facility, and provided that in the case of a municipality or an agency thereof, such municipality has received notice of the filing of the application therefor.
3. Neither the St. Lawrence eastern Ontario commission nor the Adirondack park agency shall hold public hearings for a temporary nuclear waste repository with respect to which an application hereunder has been filed, provided that such commission or agency has received notice of the filing of such application.