New York Consolidated Laws, Environmental Conservation Law - ENV § 29-0703. Closure and post-closure plans

1. Any permits for such facilities for the management of low-level radioactive waste issued by the department shall require owners and operators of facilities for the permanent disposal of low-level radioactive waste to submit to the department for its approval plans for the closure and post-closure monitoring and maintenance of their facilities.  The department may promulgate rules and regulations concerning the contents of such plans.  Such plans shall be approved prior to the effective date of the facilities' operating permit.

2. Together with the submission of a plan for closure and post-closure monitoring and maintenance, the owner or operator of such facilities for the permanent disposal of low-level radioactive waste shall submit to the department for approval a written estimate of the costs associated with closure at the estimated point in the facilities' operating life when the extent and manner of their operation would make closure the most expensive, as indicated by the closure plan.

3. The owner or operator shall prepare new closure and post-closure monitoring and maintenance cost estimates whenever a change in the closure and post-closure monitoring and maintenance requirements affects the cost of the closure or post-closure care.

4. One year after the approval of the cost estimates as set forth in subdivision two of this section, and annually thereafter until closure of the facilities, the operator's closure and post-closure monitoring and maintenance estimates shall be adjusted to account for inflation.

5. All estimates made pursuant to this section and revision thereto shall be subject to the review and approval of the department.

6. The methods and instruments of financial assurances for permitted facilities for permanent disposal of low-level radioactive waste shall be periodically reviewed by the department to determine whether they are adequate in light of changed circumstances to insure proper closure and post-closure monitoring and maintenance of such facilities.