(a)  The department may not issue a license to dispose of low-level radioactive waste pursuant to this chapter, or renew a license that has been issued by the department pursuant to this chapter, unless the department determines that the siting, design, operation, and closure of the facility will, at a minimum, comply with the performance requirements and objectives of the Nuclear Regulatory Commission specified in Part 61 of Title 10 of the Code of Federal Regulations.

(b)  The department may not issue a license to dispose of low-level radioactive waste pursuant to this chapter, or renew a license that has been issued by the department pursuant to this chapter, unless the disposal facility is sited, designed, constructed, and operated to do all of the following:

(1)  Consist of multiple, engineered barriers to provide for the retention of the radioactive waste within the engineered barriers to last not less than 500 years, using best available technology.

(2)  Provide visual inspection or remote monitoring to detect potential or actual releases of low-level radioactive waste from the engineered barriers.

(3)  Provide methods to prevent potential releases or remediate actual releases of low-level radioactive waste from the engineered barriers when monitoring detects potential or actual releases.

(4)  Be sited in a location and with soils and hydrology that, if the engineered barriers fail, the natural site characteristics would minimize migration of radioactive materials.

(c)  A facility for the disposal of low-level radioactive waste may not use shallow land burial.

(d)  (1)  The department may issue a license to dispose of low-level radioactive waste pursuant to this chapter only if the department determines there is a preponderance of scientific evidence that there is not a hydrologic pathway whereby the Colorado River or any other agricultural or drinking water source could be contaminated with radioactive waste and harm public health or the environment.

(2)  The proposed Ward Valley low-level radioactive disposal site in San Bernardino County may not serve as the state’s low-level radioactive disposal facility for purposes of Article 5 of the compact.

(3)  The state may not accept ownership or any other property rights to the site of the Ward Valley low-level radioactive waste disposal facility.

(e)  For the purposes of this section, the following terms have the following meanings:

(1)  “Commission” means the United States Nuclear Regulatory Commission.

(2)  “Compact” means the Southwestern Low-Level Radioactive Waste Disposal Compact described in Section 115255.

(3)  “Department” means the Department of Health Services.

(4)  “Low-level radioactive waste” has the same meaning as defined in Article 2 of the compact.

(5)  “Low-level radioactive waste disposal facility,” or “facility” means all contiguous land and structures, other appurtenances, and improvements, on the land used for the disposal of low-level radioactive waste.

(6)  “Shallow land burial” means the disposal of low-level radioactive waste in or within the upper 30 meters of the earth’s surface without the use of additional confinement by engineered barriers. Shallow land burial does not include the disposal of low-level radioactive waste if the disposal facility meets the requirements of subdivisions (b) and (c).

(f)  The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(Added by Stats. 2002, Ch. 513, Sec. 4. Effective January 1, 2003.)