Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-7 - Rendering a decision

Current through July 10, 2024
(a)
Requirements for written decision
.
(1) Within one year of receiving an
			 application, the council shall render its decision upon the record by an
			 affirmative vote of not less than seven council members either granting or
			 denying the application as filed, or granting it upon such terms, limitations,
			 or conditions as the council may deem appropriate. The one year limit may be
			 extended 180 days by agreement of the council and the applicant.
(2) The council shall include with its
			 decision an opinion stating the reasons for its decision. The decision shall
			 include a statement describing the items of negotiation between the applicant
			 and local project review committee which the council has accepted and
			 incorporated into any approval and those negotiated items it has rejected and
			 the reasons therefore.
(3) The
			 council shall include with its decision copies of the reports on negotiations
			 filed by the applicant and the local project review committee, and the record
			 of any council meeting held with the applicant and committee.
(4) The council shall include with its
			 decision the proportion of the quarterly assessment of the gross receipts that
			 shall be paid by the operator of the facility to the municipality in which the
			 facility is located and to the neighboring municipality most affected by the
			 facility.
(5) The council shall
			 include with its decision a pre-site selection property appraisal of fair
			 market value of all property within a two-mile radius of the
			 facility.
(6) The council shall
			 require that the applicant meet the financial responsibility requirements set
			 forth in Section 22a-163
l
of the Connecticut General Statutes,
			 and in these regulations including submission of a surety bond or other
			 security acceptable to the council in a form and an amount fixed by the council
			 sufficient to pay for the costs of closure and stabilization and postclosure
			 observation and maintenance as specified in regulations adopted by the
			 commissioner of the State Department of Environmental Protection. A trust fund
			 shall be established to be financed by yearly payments by the low-level
			 radioactive waste facility operator. The amount paid into the fund shall be
			 fixed by the council so that at the time of closure the fund shall be
			 sufficient to pay the costs of closure and stabilization and postclosure
			 observation and maintenance. The surety bond or other security may be reduced
			 each year by the amount paid into the trust fund. A trust fund shall be
			 established to pay the costs of monitoring and maintenance during the
			 institutional control period as specified in regulations adopted by the
			 commissioner of the State Department of Environmental Protection. The trust
			 fund is to be financed by yearly payments by the low-level radioactive waste
			 facility operator. The amount paid into the fund yearly shall be fixed by the
			 council so that at the start of the institutional control period the fund shall
			 be sufficient to pay the costs of monitoring and maintenance of the facility
			 during the institutional control period. In case of a proposed land disposal
			 facility, the applicant shall further provide a fund or other security for
			 liability for damage during the institutional control period. The amount of the
			 fund or other security and the manner of financing such fund shall be
			 determined by the council based on the type of facility, the location of the
			 facility, and the kind of waste processed by such facility, so that at the
			 beginning of the institutional control period, the fund or security shall be
			 sufficient to cover the anticipated liability for damages. In the case of a
			 proposed treatment or storage facility, the council may require a trust fund or
			 other security for postclosure liability for damages.