29-0303 - Duties of the Commission.

NY Env Cons L § 29-0303 (2019) (N/A)
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(i) accidents during transportation of low-level radioactive waste to such facilities;

(ii) contamination of ground or surface water by leaching and runoff from such facilities; and

(iii) fires or explosions from improper storage or disposal of volatile, combustible, or potentially explosive materials, if any, which may compose a portion of the low-level radioactive waste to be delivered to such facilities; b. the nature of the probable environmental impacts, including the predictable adverse effects on the natural environment and ecology, scenic, historic, agricultural, cultural, and recreational values, water and air quality, and wildlife; c. the potential for avoidance or mitigation of harm from the unanticipated release of low-level radioactive waste or contaminated materials; d. the ability for retrieval or recovery of such waste; e. differences in the density of population in the vicinity of the potential sites; f. the adequacy of routes and means for transportation of low-level radioactive waste to such facilities; g. the nature of the probable impact of such facilities on local governmental units within which such facilities would be located; and h. the comparative economic implications, including those resulting from engineering considerations, of the potential site or sites and disposal methods for such facilities. 8. The commission shall select one site for a permanent disposal facility after consideration of all relevant public health and safety, environmental and economic factors, provided, however, that an additional site may be selected if the commission finds that the use of an additional site presents specific advantages with respect to such factors. To the extent the commission determines that different disposal methods are appropriate for different categories of low-level radioactive waste with differing physical or chemical characteristics, the commission may select more than one disposal method to be utilized at each particular site, specifying the particular disposal methods to be utilized at such site for particular categories of such waste; provided that utilization of the disposal methods selected at the site selected shall be capable of meeting or exceeding applicable requirements of state and federal regulations. The site or sites selected shall be of sufficient capacity to provide for disposal, using the selected disposal methods, of all low-level radioactive waste estimated by the commission to be generated in New York and to require disposal at low-level radioactive waste management facilities for a period of at least thirty years. 9. In performing its duties, the commission shall hold periodic meetings which shall be publicly noticed pursuant to article seven of the public officers law. 10. Whenever the commission makes a decision to:

(i) select, or narrow the range of alternatives it is considering for, disposal methods or sites for permanent disposal facilities,

(ii) establish the plans for pre-characterizing or characterizing, or otherwise gathering site-specific data for, candidate sites for permanent disposal facilities, or

(iii) project the types, quantities, or activity levels of low-level radioactive wastes which might be disposed of at permanent disposal facilities, it shall promptly issue a report or other document which serves as the basis for or otherwise provides its detailed explanation or justification for that decision. Such report or other document shall include information sufficient to permit full independent review and evaluation by the department, the citizen advisory committee and by an independent technical and scientific evaluation panel, established pursuant to subdivision eleven of this section, of the nature, sources, and quality of any specific data relied upon, the nature of assumptions made, and the specific analytical methods, procedures, or techniques employed, including modelling and calculations performed, and any other information and analyses upon which the commission would intend to rely in justifying its decisions to any reviewing body. The report shall be made available to the public upon request. The commission shall simultaneously have published in the state register, and send to any person who has requested to be placed on the commission's mailing list, notice of availability of that report or other document and provide a copy of the report or other document to the governor, the speaker of the assembly, the majority leader of the senate, the minority leader of the assembly, the minority leader of the senate, the citizen advisory committee, and any independent technical and scientific evaluation panel established pursuant to subdivision eleven of this section. 11. Pursuant to contract, the department of health shall arrange to have one or more independent panels of technical and scientific experts review and evaluate the commission's decision and report on its selection of a tentative preferred disposal method and decisions and report on lands excluded from consideration for siting permanent disposal facilities, issued in accordance with subdivisions two and three of this section, and each other decision made and related report issued by the commission pursuant to subdivision four or ten of this section. For each such commission decision and report, the independent technical and scientific evaluation panel or panels shall assess the nature, sources and quality of any specific data the commission relied upon, the nature of assumptions made, and the specific analytical methods, procedures or techniques employed, including modelling and calculations performed, and any other information and analyses relied upon for the commission's decision. The department of health may engage more than one panel to assess a commission decision and report, in order to provide for complete coverage of those matters in the review and evaluation of that decision and report. Upon completion of each such review and evaluation, any independent technical and scientific evaluation panel shall provide a written report containing its findings, conclusions and recommendations to the commission, the citizen advisory committee, the department of health and the department of environmental conservation. 12. Whenever the commission receives written comments or a report from the citizen advisory committee or any independent technical and scientific evaluation panel established pursuant to subdivision eleven of this section, it shall provide a detailed written response, within a reasonable time, addressing the points made in the comments or report. Upon receipt of any such report the commission shall cause it to be made available to the public upon request and submitted to the governor, the majority leader of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly. Notice of such report shall be published by the commission in the state register and sent to any person who has requested to be placed on the commission's mailing list. * NB Commission existence pursuant to § 29-0309