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USA Statutes : maine
Title : Title 38. WATERS AND NAVIGATION
Chapter : Chapter 14-A. NUCLEAR WASTE ACTIVITY
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Title 38 - §1452. Consent of Legislature for federal radioactive waste storage facilities
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 1: GENERAL PROVISIONS
§1452. Consent of Legislature for federal radioactive waste storage facilities
Notwithstanding any other provision of law, this State does not consent to the acquisition by the Federal Government, by purchase,
condemnation, lease, easement or by any other means, of any land, building or other structure, above or below ground, or in
or under the waters of the State for use in storing, depositing or treating high-level or low-level radioactive waste materials.
The Legislature may consent, by prior affirmative vote, to such activities, except that consent is expressly withheld for
any such activity undertaken in connection with the deep geological disposal of high-level radioactive waste, as provided
in section 1461-A.
[1985, c. 802, §5 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1453-A. Advisory Commission on Radioactive Waste and Decommissioning
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 1: GENERAL PROVISIONS
§1453-A. Advisory Commission on Radioactive Waste and Decommissioning
1. Establishment; purpose. The Advisory Commission on Radioactive Waste and Decommissioning, referred to in this section as the "commission," is established.
The commission shall advise the Governor, the Legislature and other pertinent state agencies and entities on matters relating
to radioactive waste management and decommissioning of nuclear power plants and provide information to the public and create
opportunities for public input in order to facilitate public understanding of radioactive waste and decommissioning issues.
[1997, c. 700, §3 (amd).]
2. Membership; appointment. The commission consists of 17 members, appointed as follows:
A. The commissioner or the commissioner's designee;
[1997, c. 700, §4 (ren).]
B. The Commissioner of Health and Human Services or the commissioner's designee;
[1993, c. 664, §15 (new); §21 (aff); 2003, c. 689, Pt. B, §7 (rev).]
C. The State Geologist or a designee;
[1993, c. 664, §15 (new); §21 (aff).]
D. One person from a commercial nuclear power facility situated in the State, appointed by the Governor;
[1993, c. 664, §15 (new); §21 (aff).]
E. Two persons from organizations that hold licenses issued by the State for the use of radioactive material, one appointed
by the President of the Senate and one appointed by the Speaker of the House of Representatives;
[1993, c. 664, §15 (new); §21 (aff).]
F. Three Senators, appointed by the President of the Senate, at least one belonging to the political party holding the largest
number of seats in the Senate and at least one belonging to the political party holding the 2nd largest number of seats in
the Senate. One of the Senators appointed must serve on the joint standing committee of the Legislature having jurisdiction
over natural resources matters and one Senator must serve on the joint standing committee of the Legislature having jurisdiction
over utility and energy matters;
[1997, c. 700, §4 (amd).]
G. Three members of the House of Representatives, appointed by the Speaker of the House of Representatives, at least one belonging
to the political party holding the largest number of seats in the House of Representatives and at least one belonging to the
political party holding the 2nd largest number of seats in the House of Representatives. One member of the House of Representatives
appointed must serve on the joint standing committee of the Legislature having jurisdiction over natural resources matters
and one member of the House of Representatives must serve on the joint standing committee of the Legislature having jurisdiction
over utility and energy matters;
[1997, c. 700, §4 (amd).]
H. Four members of the general public with a knowledge of and interest in the management of radioactive materials and radioactive
waste, 2 of whom are appointed by the Governor, one of whom is appointed by the President of the Senate and one of whom is
appointed by the Speaker of the House of Representatives. Of these 4 members, one must be a resident of the local community
in which the nuclear power plant is located and one must represent a local advisory group on nuclear power plants; and
[1997, c. 700, §4 (amd).]
I. One member representing an environmental advocacy organization, appointed by the Speaker of the House of Representatives.
[1997, c. 700, §4 (new).]
The terms of the legislative members expire the first Wednesday in December of even-numbered years. The terms of the public
member appointed by the President of the Senate, one public member appointed by the Governor and the licensee member appointed
by the Speaker of the House of Representatives expire December 31, 1997 and every 2 years thereafter. The terms of the public
member appointed by the Speaker of the House of Representatives, the licensee member appointed by the President of the Senate
and one public member appointed by the Governor expire December 31, 1996 and every 2 years thereafter. The term of the member
representing an environmental advocacy organization expires December 31, 2000 and every 2 years thereafter. Notwithstanding
this subsection, any public member or licensee member may be removed by the appointing authority at the pleasure of the appointing
authority and a new member may be appointed to complete the term of the preceding appointee. Members may continue to serve
until their replacements are designated. Vacancies must be filled by the appointing authority to complete the term of the
preceding appointee. The commission shall elect the chair and vice-chair from its membership by majority vote of all members
present.
[1997, c. 700, §4 (amd); 2003, c. 689, Pt. B, §7 (rev).]
3. Duties. The duties of the commission are to:
A. Provide opportunities for public input and disseminate information to the general public and promote public understanding
concerning the management of radioactive waste and the decommissioning of nuclear power plants;
[1997, c. 700, §5 (amd).]
B. Study the management, transportation, treatment, storage and disposal of radioactive waste, including high-level and low-level
radioactive waste and mixed waste, generated in this State;
[1993, c. 664, §15 (new); §21 (aff).]
B-1. Study issues relating to the decommissioning of nuclear power plants, including, but not limited to, environmental issues;
[1997, c. 700, §6 (new).]
B-2. Monitor the decommissioning of nuclear power plants;
[1997, c. 700, §6 (new).]
C. Monitor methods, criteria and federal timetables for siting and constructing high-level radioactive waste repositories or
storage facilities;
[1993, c. 664, §15 (new); §21 (aff).]
D. Monitor the Texas siting effort and Texas Low-Level Radioactive Waste Disposal Compact Commission activities and, if events
require, propose legislation to reinstitute an in-state siting effort for the storage or disposal of low-level radioactive
waste in the State;
[1993, c. 664, §15 (new); §21 (aff).]
E. Advise the Governor, the Legislature, the department and the Department of Health and Human Services or their successors,
the State's member of the Texas Low-Level Radioactive Waste Disposal Compact Commission and other pertinent state agencies
and entities, as appropriate, on relevant findings and recommendations of the commission;
[1993, c. 664, §15 (new); §21 (aff); 2003, c. 689, Pt. B, §6 (rev).]
F. Receive a written report from the State's member of the Texas Low-Level Radioactive Waste Disposal Compact Commission within
60 days after a meeting of that commission or an oral report from that member at the next scheduled meeting of the Maine Commission
on Radioactive Waste, whichever comes first; and
[1993, c. 664, §15 (new); §21 (aff).]
G. Prepare a newsletter recording developments relevant to radioactive waste issues.
[1993, c. 664, §15 (new); §21 (aff).]
[1997, c. 700, §§5, 6 (amd); 2003, c. 689, Pt. B, §6 (rev).]
4. Meetings and reports. The commission shall meet at least 4 times a year. The commission shall submit an annual report of activities to the Governor,
the President of the Senate, the Speaker of the House of Representatives, the joint standing committee of the Legislature
having jurisdiction over natural resource matters and the joint standing committee of the Legislature having jurisdiction
over utility and energy matters by February 15th of each year. In its report in 2002, the commission shall include an assessment
of its funding pursuant to Title 22, section 679-A and recommendations for altering the funding formula in the event the Maine
Yankee Atomic Power Company plant in Wiscasset no longer generates low-level radioactive waste.
[1999, c. 585, §2 (amd).]
5. Compensation. Members of the commission are entitled to legislative per diem in compensation for attendance at commission meetings in
accordance with the provisions of Title 5, chapter 379, except that all legislative members of the commission must obtain
prior approval of out-of-state travel from their respective presiding officers.
[1993, c. 664, §15 (new); §21 (aff).]
6. Staff assistance. The Department of Health and Human Services and the department shall provide assistance to the commission in the conduct
of its business. The State Nuclear Safety Advisor and the Public Advocate shall provide consultation as requested.
[1997, c. 700, §8 (amd); 2003, c. 689, Pt. B, §6 (rev).]
7. Repeal. This commission is subject to review and terminates in accordance with Title 3, chapter 35. The commission, unless granted
an extension by law, is dissolved and terminates on June 30, 2006.
[1999, c. 585, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1453. Advisory Commission on Radioactive Waste (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 1: GENERAL PROVISIONS
§1453. Advisory Commission on Radioactive Waste (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1454-A. Radioactive Waste Advisory Commission Fund
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 1: GENERAL PROVISIONS
§1454-A. Radioactive Waste Advisory Commission Fund
1. Establishment. There is established the Radioactive Waste Advisory Commission Fund to be used to carry out the purposes of this chapter.
Money allocated to the commission from this fund must be administered by the Commissioner of Health and Human Services in
accordance with established budgetary procedures and this section. The commissioner may accept state, federal and private
funds to be used as appropriate to carry out the functions of the Advisory Commission on Radioactive Waste as set forth in
section 1453-A.
[1995, c. 333, §5 (amd); 2003, c. 689, Pt. B, §7 (rev).]
2. Allocation. Money in the fund established by this section must be allocated from time to time by the Legislature to the Department of
Health and Human Services to fund advisory and public information activities of the commission. These amounts become available
in accordance with Title 5, chapters 141 to 155.
The commission may receive and expend federal grants and payments for the purpose of carrying out its duties.
[1995, c. 333, §5 (amd); 2003, c. 689, Pt. B, §6 (rev).]
3. Balance carried forward. Any unexpended balance does not lapse, but must be carried forward to the same fund for the next fiscal year and must be
available for the purposes authorized by this chapter.
[1993, c. 664, §17 (new).]
4. Financial reports. The Commissioner of Health and Human Services shall report quarterly to the Advisory Commission on Radioactive Waste and
annually, before February 1st, to the joint standing committee of the Legislature having jurisdiction over natural resource
matters on the expenditures from the Radioactive Waste Advisory Commission Fund for the previous fiscal year and on the budget
for the coming year. Those reports must include line item detail on expenditures, including in-state travel and out-of-state
travel, printing, mailing and hearings, personnel, consultant services, general operating expenses, supplies and overhead
for the commission and transfers of funds under subsection 5.
[1995, c. 333, §5 (amd); 2003, c. 689, Pt. B, §7 (rev).]
5. Transfer of funds. Notwithstanding Title 5, section 1585, funds allocated under this section may be transferred as necessary to accomplish
the purposes of this chapter from the Department of Health and Human Services to other agencies, including the Department
of Environmental Protection, Bureau of Geology and Natural Areas within the Department of Conservation, Maine Land Use Regulation
Commission, Division of Health Engineering and the State Planning Office.
[1999, c. 556, §39 (amd); 2003, c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1454. Radioactive Waste Evaluation Fund (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 1: GENERAL PROVISIONS
§1454. Radioactive Waste Evaluation Fund (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1455. Nuclear facility decommissioning cleanup
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 1: GENERAL PROVISIONS
§1455. Nuclear facility decommissioning cleanup
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Average member of the critical group" means a member of the critical group who is subjected to the most likely exposure
situation based on prudently conservative exposure assumptions and parameter values within the model calculations.
[1999, c. 739, §3 (new).]
B. "Critical group" means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity
for any applicable set of circumstances.
[1999, c. 739, §3 (new).]
C. "Nuclear facility owner" means the owner of a nuclear power plant or decommissioned nuclear power plant in the State.
[1999, c. 739, §3 (new).]
D. "Total effective dose equivalent" has the same meaning as in 10 Code of Federal Regulations, Section 20.1003, as in effect
on January 1, 2000.
[1999, c. 739, §3 (new).]
[1999, c. 739, §3 (new).]
2. Radiation dose standard. The site at which the decommissioning of a nuclear power plant has been completed must meet the following standards, as
determined by the department:
A. The residual radioactivity distinguishable from background radiation results in a total effective dose equivalent to an
average member of the critical group of not more than 10 millirems, or 0.10 millisievert, per year, including that from groundwater
sources of drinking water; and
[1999, c. 739, §3 (new).]
B. The residual radioactivity distinguishable from background radiation in groundwater sources of drinking water results in
a total effective dose equivalent of not more than 4 millirems, or 0.04 millisievert, per year to the average member of the
critical group.
[1999, c. 739, §3 (new).]
A nuclear facility owner shall demonstrate compliance with this subsection using actual measurements and the analytic methodology
approved by the United States Nuclear Regulatory Commission and supplemented by modeling the effects of engineering controls
that have been designed to reduce exposure.
In order to determine compliance with this subsection, the department may require appropriate testing and analysis, including,
but not limited to, analysis of the effectiveness and integrity of engineering controls.
[1999, c. 739, §3 (new).]
3. Cumulative risk assessment. The department shall evaluate the cumulative risk posed by radiological and chemical contaminants that will remain at the
site at which the decommissioning of a nuclear power plant is occurring or has been completed. In undertaking its evaluation,
the department shall consider any proposed institutional and engineering controls.
[1999, c. 739, §3 (new).]
4. Compliance with applicable law; assessment of compliance. A nuclear facility owner must obtain and be in compliance with all licenses, permits and approvals required under this Title,
including, but not limited to, those required under chapter 3, article 6 and chapter 13 for the site at which the decommissioning
of a nuclear power plant is occurring or has been completed. In addition to its existing authority to require monitoring
wells and other measures for nonradiological environmental issues under chapters 3, 13, 13-B and other applicable laws, the
department may require radiological monitoring, use of monitoring wells, use of liners, soil sampling and other measures at
the site to allow the department to assess and ensure compliance with applicable requirements of this Title, including, but
not limited to, subsection 2, and the terms of any licenses and permits issued pursuant to this Title with respect to the
site.
[1999, c. 739, §3 (new).]
5. Provision of information. As part of any permit application by a nuclear facility owner or site investigation by the department pursuant to this Title,
the nuclear facility owner shall provide to the department information necessary for the department to establish compliance
with the provisions of this section or other applicable laws.
[1999, c. 739, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1461-A. Disapproval of high-level radioactive waste repository
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE
§1461-A. Disapproval of high-level radioactive waste repository
1. Disapproval. The State has received notice that the United States Department of Energy, in accordance with the United States Nuclear Waste
Policy Act of 1982, Public Law 97-425, is considering 2 sites within the State of Maine as potentially acceptable sites for
location of a high-level radioactive waste repository and has considered at least 3 other sites within Maine for this purpose.
The Legislature finds:
A. That, based on all available technical information, the geology at these sites is not suitable for a high-level radioactive
waste repository;
[1985, c. 802, § 7 (new).]
B. That exploration for, construction or operation of such a repository at these sites is contrary to the economic well-being
of the people of this State; and
[1985, c. 802, § 7 (new).]
C. That the location of such a repository at these sites is contrary to the safety and health of the people of the State of
Maine and would substantially interfere with the power and ability of the State to govern its citizens and provide for their
health, safety and welfare.
[1985, c. 802, § 7 (new).]
For each of these reasons, the State of Maine expressly disapproves the further exploration for, construction or operation
of a high-level radioactive waste repository at any of these sites.
[1985, c. 802, §7 (new).]
2. Review by State. If the Federal Government, or any person acting under its direction, in spite of the State's disapproval as provided in subsection
1, proceeds with further efforts to investigate the siting, construction or operation of a high-level radioactive waste repository
within the State of Maine, the provisions of sections 1463 to 1466 apply to the extent necessary to allow the State to monitor,
review and regulate such activities in order to minimize the adverse effects on the health, safety and economic well-being
of the people of this State arising from these activities.
[1985, c. 802, § 7 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1461. Intent (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE
§1461. Intent (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1462. Limitation (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE
§1462. Limitation (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1463. Area studies
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE
§1463. Area studies
1. Plan. Prior to initiation of area studies by the Federal Government or any person acting under its authority, the commissioner,
in consultation with the State Geologist, shall submit a plan for these studies to the Legislature for approval, including
any federal plan for conduct of those studies and a plan for state oversight, review and verification of area studies. The
State plan shall include procedures for the establishment of a state review group to monitor and review the conduct of area
studies and report their findings to the Governor and the Legislature. This review group shall include representatives of
the scientific community, the Legislature and the general public. The review group may be established and may conduct its
activities before other elements of the plan are approved.
[1985, c. 802, §9 (amd).]
2. Exploration. No person may explore geological formations within this State for the purpose of investigating whether the site may be suitable
for a high-level radioactive waste repository without the permission of the Legislature. The State Geologist shall advise
the Legislature whether the proposed activity is consistent with the plan required by subsection 1 and with rules promulgated
by the United States Department of Energy, the United States Nuclear Regulatory Commission and the United States Environmental
Protection Agency relevant to siting a high-level radioactive waste repository and the United States Nuclear Waste Policy
Act of 1982, Public Law 97-425.
[1985, c. 802, § 9 (amd).]
3. Public hearings. No plan for area studies may be approved unless it contains provision for public hearings in the State within 12 months
after commencement of the studies to receive comments on:
A. The technical feasibility of the proposed waste management technology;
[1983, c. 381, § 9 (new).]
B. The environmental impact of a waste repository in the area of study;
[1983, c. 381, § 9 (new).]
C. The social impact of a waste repository in the area of study;
[1983, c. 381, § 9 (new).]
D. The economic impact of a waste repository in the area of study;
[1983, c. 381, § 9 (new).]
E. Whether the proposed facility will be subject to section 413, waste discharge licenses; section 483, site location of development;
section 590, air emission licensing; section 1304, licenses for waste facilities; and any other laws administered by the department
or the Maine Land Use Regulation Commission that may be applicable;
[1985, c. 802, § 9 (amd).]
F. Conformance of the plan with the federal guidelines cited in subsection 2;
[1985, c. 802, § 9 (amd).]
G. A reasonable comparative evaluation of the suitability of sites in the study area compared with sites in other areas; and
[1985, c. 802, § 9 (amd).]
H. Such other matters as the commissioner deems appropriate.
[1985, c. 802, § 9 (new).]
[1985, c. 802, § 9 (amd).]
4. Approval of plan required. Except for oversight monitoring and public information activities, no agent of the State may participate in area studies
unless the Legislature has approved a plan for these studies.
No person may conduct borings or excavations relating to area studies, unless the Legislature has approved a plan for the
studies, including those borings or excavations.
[1985, c. 802, § 9 (amd).]
5. Reports. The commissioner shall keep the Governor and the Legislature fully and currently informed about the conduct of any area
studies and, within 90 days of completion of those studies, shall review the findings and report them, together with the commissioner's
comments to the Governor and the Legislature.
[1985, c. 802, § 9 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1464. Site characterization and selection
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE
§1464. Site characterization and selection
1. Limitation. Except for oversight, monitoring and public information activities, no agent of the State may participate in site characterization
or selection studies, until the Legislature finds that all of the matters in section 1463, subsection 3, have been adequately
addressed and has approved a plan for the studies and the Federal Government agrees that the site characterization or selection
process includes:
A. Compliance with the United States National Environmental Policy Act of 1969, Public Law 91-190, including preparation of
a specific environmental impact statement; and
[1983, c. 381, § 9 (new).]
B. Compliance with all applicable state and local laws.
[1983, c. 381, § 9 (new).]
[1985, c. 802, § 9 (amd).]
2. Legislative findings.
[1985, c. 802, § 9 (rp).]
2-A. Limitations on excavation activities. No person may excavate any exploratory shaft for site characterization, selection or construction, unless the Legislature
has approved that activity.
[1985, c. 802, §9 (new).]
3. Reports. The commissioner shall keep the Governor and the Legislature fully and currently informed about the conduct of any site
characterization and, within 90 days of completion of that effort, shall review the findings and report them, together with
the commissioner's comments to the Governor and the Legislature.
[1985, c. 802, § 9 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1465. Notice of disapproval (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE
§1465. Notice of disapproval (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1466. Other facilities
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE
§1466. Other facilities
Except for on-site storage of spent fuel from a nuclear power plant, any facility for storage or processing of high-level
radioactive waste which is not a repository covered by section 1461, subsection 1, is subject to the requirements in this
section. Except for storage in existing licensed capacity, on-site storage of spent fuel from a nuclear power plant shall
be subject to subsections 1 and 2.
[1985, c. 802, § 11 (amd).]
1. Notification. Any person planning to construct a facility covered by this section shall notify the commissioner. The board shall, by
rule, specify the form, content and timing of that notice.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §271 (amd).]
2. Commissioner review. Upon receipt of notice under subsection 1, the commissioner shall review the proposed facility as closely as possible in
accordance with section 1463 and report its findings and recommendations within 90 days to the Governor and the Legislature.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §271 (amd).]
3. Legislative approval of facilities required. No high-level radioactive waste disposal or storage facility covered by this section may be constructed or operated in the
State, unless the Legislature has expressly approved the construction or operation of that facility. This approval does not
replace any other license or permit that may be required by law or rule.
[1983, c. 381, § 9 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1471. Purpose
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1471. Purpose
In accordance with the United States Low-level Radioactive Waste Policy Act of 1980, Public Law 96-573, as amended by the
United States Low-level Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240, the State accepts its responsibility
for providing for the capacity for the disposal of low-level radioactive waste generated within this State that consists of
or contains Class A, B or C radioactive waste, as defined by the Code of Federal Regulations, Title 10, Section 61.55, as
in effect on January 26, 1983, except for waste owned or generated by the United States Department of Energy or waste owned
or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy or waste owned
or generated as a result of any research, development, testing or production of any atomic weapon. It is the purpose of this
subchapter to establish a program for the safe management of low-level radioactive waste, and to provide capacity for its
disposal either within this State or in regional facilities.
[1985, c. 705, § 1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1472. Reporting
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1472. Reporting
Each low-level radioactive waste generator shall annually report, by March 31st, the volume, radioactivity and other physical
and chemical characteristics of low-level waste generated and of low-level waste shipped to commercial disposal facilities,
and the volume, radioactivity and other pertinent characteristics of low-level radioactive waste stored on-site. This report
shall be submitted to the commissioner and to the Commissioner of Health and Human Services, and shall include information
on the specific radioactive materials handled.
[1985, c. 705, §2 (amd); 2003, c. 689, Pt. B, §7 (rev).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1473. Geological characterization
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1473. Geological characterization
The State Geologist shall advise the Governor and the Legislature on the suitability of areas of the State for low-level waste
disposal. In determining suitability, the State Geologist shall consider final rules for facility siting under 10 Code of
Federal Regulations, Part 61, and other rules, as appropriate.
[1983, c. 381, §9 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1474. Regional compacts
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1474. Regional compacts
1. Negotiation. The Governor may negotiate on behalf of the State compacts or other agreements, with other states and the Federal Government
with respect to the siting, licensing, operation and use of low-level radioactive waste disposal facilities.
[1985, c. 705, § 3 (new).]
2. Ratification. Except for an agreement with the Southeast Compact Commission for acceptance through June 30, 1994 of low-level radioactive
waste generated by and on the premises of any facility of the United States Navy in Kittery, Maine, any compact or agreement
with any other state or states or the Federal Government for low-level waste disposal must be ratified by legislative act
and, in accordance with subchapter IV, by the voters of the State.
[1993, c. 541, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1476. Low-level Waste Siting Commission (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1476. Low-level Waste Siting Commission (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1477. Low-level Waste Siting Fund (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1477. Low-level Waste Siting Fund (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1478-A. Hearings; orders; construction suspended (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1478-A. Hearings; orders; construction suspended (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1478. Departmental review of low-level radioactive waste facilities (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1478. Departmental review of low-level radioactive waste facilities (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1479. Legislative approval of facilities required
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1479. Legislative approval of facilities required
A low-level radioactive waste disposal or storage facility may not be established in the State, unless the Legislature has,
by Private and Special Act, approved the establishment of that facility. The Legislature shall act expeditiously after a
decision by the United States Nuclear Regulatory Commission to approve a facility, but may not act until after the conclusion
of any judicial review of the decision and any resulting administrative proceedings.
[1995, c. 642, §17 (amd).]
div>
Approval under this section does not replace any other license required by law and is in addition to the voter approval required
by section 1493.
[1995, c. 642, §17 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1480-A. Joint hearings; intervention
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1480-A. Joint hearings; intervention
The Department of Health and Human Services or the State Planning Office may intervene in any federal licensing proceeding
to carry out the purpose of this chapter.
[1995, c. 642, §19 (amd); 2003, c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1480. Applicability of regulations (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE
§1480. Applicability of regulations (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1481. State low-level radioactive waste disposal facility (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3-A: LOW-LEVEL RADIOACTIVE WASTE DISPOSAL (HEADING: PL 1987, c. 402, Pt. A, @206 (new))
§1481. State low-level radioactive waste disposal facility (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1482. Requirements to be met by any low-level radioactive waste disposal facility
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3-A: LOW-LEVEL RADIOACTIVE WASTE DISPOSAL (HEADING: PL 1987, c. 402, Pt. A, @206 (new))
§1482. Requirements to be met by any low-level radioactive waste disposal facility
1. State ownership and control. Any low-level radioactive waste disposal facility developed in the State shall be owned and controlled by the State, but
the State may contract for services as necessary.
[1985, c. 705, §5 (new).]
1-A. State ownership; exception. Notwithstanding subsection 1, if a low-level radioactive waste disposal facility is developed at the site of a decommissioned
nuclear power plant in the course of or as a result of the decommissioning process, the State is not required to own the facility.
[1999, c. 739, §4 (new).]
2. Protection of public health and safety. Any low-level radioactive waste disposal facility developed in the State shall employ the safest available technology. In
order to cope with the humid climate, high water table, cold winters and other geological characteristics of the State, improved
engineered disposal methods in addition to geological barriers shall be used rather than conventional shallow land burial.
[1985, c. 705, §5 (new).]
3. Financing. Any low-level radioactive waste disposal facility developed in the State shall be financed by funds collected prior to their
expenditure from the generators of that waste within the State. This includes funds for planning, licensing, siting, construction,
operation, closure, long-term monitoring and any other necessary functions.
[1985, c. 705, §5 (new).]
4. Licensing. A low-level radioactive waste disposal facility developed in the State must be licensed by the United States Nuclear Regulatory
Commission. The facility must be approved by the Legislature in accordance with section 1479 and approved by the voters in
accordance with section 1493.
[1995, c. 642, §20 (amd).]
5. Facility near existing nuclear power plant.
[1999, c. 174, §5 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1483. Regulation of disposal or storage of low-level radioactive waste classified by the Nuclear Regulatory Commission as below
regulatory concern
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 3-A: LOW-LEVEL RADIOACTIVE WASTE DISPOSAL (HEADING: PL 1987, c. 402, Pt. A, @206 (new))
§1483. Regulation of disposal or storage of low-level radioactive waste classified by the Nuclear Regulatory Commission as below
regulatory concern
To the extent permitted under federal law, no low-level radioactive waste generated through the production of nuclear power
that the United States Nuclear Regulatory Commission classified as low-level radioactive waste as of January 1, 1989, but
which may be classified as below regulatory concern after that date, may be stored or disposed of in this State at other than
a low-level radioactive waste storage or disposal facility licensed by the Nuclear Regulatory Commission, except as permitted
under federal law as of January 1, 1989. Unless required under federal law, the State does not assume responsibility or ownership
over these wastes by retaining jurisdiction over their storage and disposal.
[1989, c. 461, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1491. Title
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 4: WASTE DISPOSAL
§1491. Title
This subchapter shall be known and may be cited as "An Act to Require Voter Approval of the Disposal of Low-level Radioactive
Waste."
[1985, IB, c. 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1492. Purpose
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 4: WASTE DISPOSAL
§1492. Purpose
The purpose of this Act is to require approval by the voters of Maine as a precondition for the construction or operation
within the State of Maine of any low-level radioactive waste disposal or storage facility and to require approval by the voters
of Maine as a precondition for the participation by the State of Maine in any compact or agreement with any other state or
states or the Federal Government concerning low-level radioactive waste disposal or storage.
[1985, IB, c. 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1493. Low-level radioactive waste disposal referendum
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 4: WASTE DISPOSAL
§1493. Low-level radioactive waste disposal referendum
A low-level radioactive waste disposal or storage facility may not be constructed or operated in the State unless the construction
or operation is approved by a majority of the voters voting on the construction or operation in a statewide election. The
election must be held in the manner prescribed by law for holding a statewide election and in accordance with the procedures
set forth in Title 35-A, section 4302. The voters must be asked to vote on the acceptance or rejection of construction or
operation by voting on the following question:
p align="center">"Do you approve (insert construction or operation) of a low-level radioactive waste (insert disposal or storage) facility
as proposed for (insert location)?"
[1995, c. 642, §21 (amd).]div>
This question must be submitted to the legal voters of the State at the next following statewide election after a decision
by the United States Nuclear Regulatory Commission to approve a low-level radioactive waste facility. The construction or
operation of the facility may not commence prior to the election.
[1995, c. 642, §21 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1494. Low-level radioactive waste compact referendum
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 4: WASTE DISPOSAL
§1494. Low-level radioactive waste compact referendum
The State of Maine may not enter into any compact or agreement with any other state or states or with the Federal Government
concerning the disposal or storage of low-level radioactive waste either within or without the State unless the compact or
agreement has been approved by a majority of the voters voting on the compact or agreement in a statewide election. The election
must be held in the manner prescribed by law for holding a statewide election and in accordance with the procedures under
Title 35-A, section 4302. The voters shall vote on the acceptance or rejection of the compact or agreement by voting on the
following question:
p align="center">"Do you approve of the (insert compact or agreement) to be made with (insert name of state or states or "the Federal Government")
for the (insert disposal or storage) of the State's low-level radioactive waste at a proposed facility in (insert name of
state or other location)?"
[1993, c. 400, §1 (amd).]div>
This question must be submitted to the legal voters of the State at the next following statewide election after any such compact
or agreement is recommended by the Governor pursuant to section 1474 or any other provision of law.
[1993, c. 400, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1495. Limiting provisions
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 4: WASTE DISPOSAL
§1495. Limiting provisions
The provisions of this Act shall not apply:
[1985, IB, c. 1 (new).]
1. Power plant waste facilities having all licenses, permits, approvals, etc., for construction and operation. To any nuclear power plant or facility for the disposal or storage of low-level radioactive wastes if, prior to May 1, 1984,
such power plant or waste facility has obtained all federal, state and local licenses, permits, certificates, variances and
other approvals necessary for the construction and operation thereof; or
[1985, IB, c. 1 (new).]
2. Facilities used to store or dispose of wastes generated through medical or bioresearch applications. To any facility solely for the disposal or storage of low-level radioactive wastes generated within the State of Maine through
medical or bioresearch applications.
[1985, IB, c. 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1496. Nullifying previous compacts or agreements
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 4: WASTE DISPOSAL
§1496. Nullifying previous compacts or agreements
Any compact, agreement or contract into which the State of Maine has entered with any individual, corporation or partnership
or with any other state or states or the Federal Government between May 1, 1984, and the effective date of this Act concerning
the disposal or storage of low-level radioactive wastes shall be null and void.
[1985, IB, c. 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §1497. Applicability of regulations
Title 38: WATERS AND NAVIGATION
Chapter 14-A: NUCLEAR WASTE ACTIVITY
Subchapter 4: WASTE DISPOSAL
§1497. Applicability of regulations
Nothing in this Act may be construed to exempt any proposed nuclear power plant, any facility for the disposal or storage
of low-level radioactive waste or any compact or agreement or contract subject to the provisions of this Act from meeting
any licensing, permit, certification, variance or other approval requirement of the State of Maine or political subdivisions
thereof.
[1985, IB, c. 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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