New York Consolidated Laws, Environmental Conservation Law - ENV § 29-0701. Financial requirements for low-level radioactive waste disposal facilities

1. Within eighteen months after the effective date of this section,  1 the commissioner shall promulgate regulations applicable to facilities for the permanent disposal of low-level radioactive waste which identify financial requirements to be included as conditions in permits for facilities for the management of low-level radioactive waste.  Such conditions shall provide for the remediation of failures during operation and after facility closure, for facility closure, and for pre-closure and post-closure facility monitoring and maintenance.  Such regulations shall:

2. Any owner or operator of such a facility for the management of low-level radioactive waste may request a modification of any of the financial requirements established pursuant to subdivision one of this section.  A modification may be granted in the discretion of the department if such financial requirements are found to be unnecessary or inappropriate, consistent with the public interest and the purposes of this section and supported by written findings setting forth the reasons for the modification.  Such a modification request shall be considered a request for modification of the permit for the facility.  In no case shall a modification granted pursuant to this subdivision eliminate or reduce the minimum requirements established in subdivision four of this section.

3. In addition to the financial requirements established pursuant to subdivision one of this section, any permits for such facilities for the management of low-level radioactive waste issued by the department may, if it is determined that adequate protection of the public so requires, include conditions related to any or all of the following, including responsibility for the costs thereof:

4. Any permits for such facilities for the management of low-level radioactive waste issued by the department shall require the owner or operator to provide, at a minimum, one of the methods or instruments of financial assurance provided for in paragraph b of subdivision one of this section.  Such methods or instruments shall be designed to insure proper facility closure, based on the estimates approved pursuant to section 29-0703 of this title, and coverage of personal injury and property damage to third parties caused by the operation of such facility.  Such methods or instruments shall from time to time be reviewed and updated, pursuant to regulations promulgated by the department, to insure their continued adequacy for the purposes of this section.