§ 7001. Definitions

As used in this chapter:

(1) “Adequate financial assurance requirements” mean a requirement, or combination of requirements, for the Authority and for generators of low-level radioactive waste to have financial responsibility instruments or arrangements that, considering the Fund established by section 7013 of this chapter and all other relevant information, are sufficient to ensure, to a high probability, that the Authority will be financially able to carry out its responsibilities under this chapter.

(2) “Agency” means the Agency of Natural Resources.

(3) “Authority” means the Vermont Low-Level Radioactive Waste Authority.

(4) “Closure” includes post-closure observation and maintenance.

(5) “Construction costs” mean pre-operational capital costs, site acquisition costs, and any permit and license fees for the facility authorized by this chapter.

(6) “Expected low-level radioactive waste” means the low-level radioactive waste from the normal operation of the Vermont Yankee facility, during its licensed operating life, including decommissioning waste, and from the normal operations of the currently licensed low-level radioactive waste generators in Vermont through the expected date for completing the decommissioning of Vermont Yankee, plus a small emergency contingency reserve.

(7) “Low-level radioactive waste” means radioactive material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material, as defined in 42 U.S.C. § 2014(e)(2), which the U.S. Atomic Energy Act of 1954, section 11(e)(2), and that material the U.S. Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste.

(8) “NRC” means the Nuclear Regulatory Commission or any successor agency.

(9) “Person” means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, or other legal entity, or any legal successor to or representative, or agent.

(10) “Public comment” means ample opportunities for public input, including at least prior availability of a draft decision, policy, or rule, two public hearings in different areas of the State, warned at least twice with a first warning not less than 30 days prior to the hearing by notice to daily media outlets in the area and statewide, and preparation and distribution of a response summary to all comments received.

(11) “Shallow land burial” means the burial of waste within an unlined subsurface trench without additional engineered structures or enhancements designed to minimize migration of radionuclides.

(12) “Siting plan” means a plan which reflects the standards, procedures and timetables of this chapter and meets the requirements for a siting plan of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240) (42 U.S.C. § 2021b et seq.).

(13) “Yankee site” means a site for a low-level radioactive waste disposal facility on land presently owned by and contiguous to the Vermont Yankee nuclear generating facility. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)