Disposal Fees, Waste Acceptance Criteria and Surcharges

(1) Upon the issuance of a facility license pursuant to M.G.L. c. 111H, § 31, and annually thereafter, until the facility license is transferred to the Board pursuant to M.G.L. c. 111H, § 46, the facility operator shall pay to the Commonwealth, prior to the commencement of the fiscal year, an amount determined by DPH pursuant to M.G.L. c. 111H, § 38(a). (2) The operator shall annually submit to the Board, for approval in accordance with 345 CMR 1.63, a proposed schedule of fees and criteria for acceptance of LLRW. The operator's proposed schedule of fees shall be accompanied by: (a) a certified audit of gross operating receipts from fees and surcharges imposed for acceptance of LLRW at the facility during the current and prior fiscal years; and (b) a verification under oath that: 1. all compensation required to be paid by the operator to each site, neighboring and affected community by the comprehensive operating contract has been paid; and 2. all surcharges collected for the Low-Level Radioactive Waste Trust Fund have been remitted to the state treasurer in accordance with the requirements of the comprehensive operating contract executed pursuant to M.G.L. c. 111H, § 33. (3) Schedule of Fees. The schedule of fees shall: (a) be based on the classification system set forth in 345 CMR 1.11 through 1.13; (b) be designed so asto promote source minimization, volume minimization, and storage for decay by generators; (c) establish service charges for waste shipments found not to be in compliance with applicable regulations and conditions of the facility license; (d) be adequate to reimburse the operator for: 1. all reasonable expenses of facility development and operation, including the costs of premature facility closure and decommissioning; 12/27/96 345 CMR - 16 1.63: continued 2. all reasonable community compensation guaranteed to site, neighboring, and affected communities in the comprehensive operating contract executed pursuant to M.G.L. c. 111H, § 33; 3. DPH's required annual payment established pursuant to 345 CMR 1.63; and 4. a reasonable profit from the operation of the facility. (4) Waste Acceptance Criteria: (a) The waste acceptance criteria shall: 1. be consistent with the Management Plan and based on the classification system set forth in 345 CMR 1.11 through 1.13; 2. be adequate to ensure proper and efficient operation of the facility; 3. be designed so as to ensure source minimization, volume minimization and storage for decay by generators in compliance with 105 CMR 120.890; 4. be designed to conserve facility resources; and 5. specify that no LLRW shall be accepted fromanelectric-power-generatingfacilityifsuch waste requires management more stringent than the most stringent management required for any LLRW which may be accepted at the facility from another generator. (b) In reviewing the waste acceptance criteria for a disposal facility, the Board shall evaluate 1. waste form; 2. stability; and 3. requirements for pre-treatment to enhance the ability of the facility to: a. dispose of the waste so as to keep radiation exposures as low as reasonably achievable; and b. be operated in a manner most protective of the public health, safety, and environment. 4. the adequacy of requirements to ensure source minimization, volume minimization, and storage for decay by generators in compliance with 105 CMR 120.890. (5) All books and records of the operator shall be subject to audit pursuant to M.G.L. c. 11, § 12. (6) The Board, after notice and opportunity for hearing, shall: (a) approve, modify or reject the schedule of fees and waste acceptance criteria submitted by the operator; and (b) establish annually a schedule of surcharges for the Low-Level Radioactive Waste Trust Fund established in M.G.L. c. 111H, § 41. Such surcharges shall be adequate to ensure that the contingent liability and institutional control accounts withinthe Low-Level Radioactive Waste Trust Fund will contain enough funds to: 1. properly maintain the facility throughout the institutional control period; and 2. provide for compensation for injuries to persons, land or property. (7) The fees, criteria and surcharges approved or established by the Board pursuant to 345 CMR 1.63 shall be imposed as conditions of acceptance of all LLRW at the facility until new or revised fees, criteria, or surcharges are approved by the Board.