(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.
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Terms Used In Michigan Laws 333.26205

  • Authority: means the low-level radioactive waste authority established in section 3. See Michigan Laws 333.26202
  • Compact: means a contractual, cooperative agreement among 2 or more states to provide for the disposal of low-level radioactive waste that is reflected by the passage of statutes by the participating states. See Michigan Laws 333.26202
  • 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
  • Host site: means the candidate site that is designated by the commissioner as the location for the disposal site in this state. See Michigan Laws 333.26202
  • Host site community: means the municipality that is designated by the commissioner as the host site. See Michigan Laws 333.26202
  • Institutional control: means the continued surveillance, monitoring, and care of the disposal site after site closure and stabilization to insure the protection of the public health, safety, and welfare, and the environment until the contents of the disposal site no longer have a radioactive content that is greater than the natural background radiation of the host site as determined during its site characterization. See Michigan Laws 333.26202
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Local monitoring committee: means a committee established pursuant to section 14 to represent a candidate site. See Michigan Laws 333.26202
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • 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
  • Performance assessment: means an analysis of the potential pathways for release of waste to the environment and the potential impacts of a release during the transportation of radioactive waste to the disposal site and during the handling and disposal of waste at the disposal site, including, but not limited to:
    (i) A description of the potential pathways for radioactive nuclide migration beyond the boundaries of the disposal site during the operation of the site and if there is a release. See Michigan Laws 333.26202
  • Postclosure observation and maintenance: means the surveillance, monitoring, and maintenance of the disposal site after it has been closed and continuing through site closure and stabilization and institutional control. See Michigan Laws 333.26202
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Site characterization: means the site specific investigation of a candidate site undertaken pursuant to section 12. See Michigan Laws 333.26202
  • Site closure and stabilization: means the actions taken at the disposal site during the time period after the closure of the disposal unit during which on-site low-level radioactive waste is disposed in accordance with part 137, equipment is dismantled, decontaminated, removed for reuse or disposed of, and radioactive residues are removed from, or properly isolated on, the disposal site in preparation for transfer of ownership of the disposal site to the federal government. 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
  • waste: means radioactive material that consists of or contains class A, B, or C radioactive waste as defined by 10 C. See Michigan Laws 333.26202
    •     (b) Submit an application to the department for a construction and operating license for the disposal site that meets the requirements of part 137.
        (c) Acquire, purchase, hold, lease, or manage real property, easements, and rights-of-way to implement this act.
        (d) Make available and negotiate on behalf of the state monetary and nonmonetary incentives and benefits for the state, the host site community, the county in which the host site community is located, and the municipalities that have a common border with the host site community.
        (e) Make available to local monitoring committees sufficient funding to enable the local monitoring committees to fulfill their responsibilities under section 14.
        (f) Establish just and reasonable waste disposal fees and surcharges subject to the requirements of section 19.
        (g) Negotiate and arbitrate with the local monitoring committee for the host site as provided in section 16.
        (h) Establish and implement a disposal shipment registration system.
        (i) Make a continuous study and investigation of the disposal site in order to ascertain and provide remedies for any defects in the disposal site through institutional control.
        (j) If this state does not enter a compact, refuse to accept waste that is not generated in this state.
        (k) If this state does enter into a compact, refuse to accept waste generated in any state that is not a member of the compact in which this state is a member. In addition, the authority shall refuse to accept waste for disposal in the disposal site from any member of the compact who does either of the following:
        (i) Is delinquent in paying dues or fees payable under the compact.
        (ii) Fails to establish or maintain a permitting and regulatory system, including penalties and remedies, that equals or exceeds the laws and rules of this state as they apply to generators, carriers, processors, and collectors of waste.
        (l) Inspect the construction of the disposal site until construction is completed on a weekly basis and submit to the department the results of the inspection and the date on which the inspection occurred.
        (m) Hold public hearings every other month during the process for selecting a site for the disposal site and every 6 months after the site for the disposal site is selected through the period of institutional control.
        (n) Assist generators in sharing policies to facilitate waste minimization and volume reduction, including, but not limited to, switching from long-lived radioactive materials to short-lived radioactive materials, switching to nonradioactive materials and processes, waste stream screening and separation, and curtailment of waste producing operations.
        (2) In addition to the duties provided in this act and in part 137 and the rules promulgated under part 137, the authority shall do all of the following or enter into contracts to assure that all of the following are accomplished:
        (a) Site characterization.
        (b) Performance assessment.
        (c) Development of siting criteria.
        (d) Disposal site monitoring.
        (e) Disposal site design, construction, engineering, and inspection.
        (f) Selection of disposal technology.
        (g) Prepare an application for a construction and operating license for the disposal site.
        (h) Disposal site operation.
        (i) Site closure and stabilization.
        (j) Postclosure observation and maintenance.
        (k) Institutional control.
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