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§ 7131.305. Default

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 39D. Low-Level Radioactive Waste Disposal Regional Facility Act (Refs & Annos)
Chapter 3. Regional Facility Siting Fund
35 P.S. § 7131.305
§ 7131.305. Default
Currentness
(a) Default.--For the purposes of this act, a default shall be deemed to be a material failure to timely make available for waste deposition a functioning regional facility conforming in all material respects to applicable law. In addition to any other such circumstance or set of circumstances, any of the following shall be deemed to be a default:
(1) Termination of the contract to be entered into by the department on or about May 1, 1990, with a regional facility operator, prior to submittal to the department or the appropriate Federal agency of a license application for such a facility.
(2) Failure by the regional facility operator to commence physical construction of a regional facility by January 1, 1996, at a site having final approval of the Secretary of Environmental Resources.
(3) Failure by the department to move forward to site approval and to operate a site where there has been a default by the regional facility operator.
(b) Declaration of default.--The Appalachian States Compact Commission may declare a default when a majority of both mandatory and voluntary fund contributors request such, setting forth in a written declaration the circumstances constituting the default.
(c) Special rights and remedies.--
(1) Upon the declaration of default, the rights and remedies specified in this subsection shall be available to fund contributors, and duties specified by this subsection shall be imposed on the department.
(2) Each fund contributor shall, within 60 days of declaration of default, be refunded a pro rata amount of unexpended contributions, including actual interest earned thereon, remaining in the fund in the proportion that each contributor's contributions to the date bears to the total contributions of all contributors to that date. Contributions in transit or received by the department on or after that date shall not be deposited in the fund, but shall be returned to the sender.
(3) The department shall refund to fund contributors all moneys, including the portion thereof attributable to actual interest earned thereon, previously released to the facility operator to the extent that the department has or will receive any or all of such moneys as a result of the default. From time to time, upon recovery of reasonable amounts of such moneys, the department shall refund these moneys to each fund contributor in the same pro rata proportion stated in paragraph (2).
(d) Remedies preserved.--Nothing in this section shall be in any way construed to limit the rights and remedies available to a fund contributor at law or equity. In no event shall the department or the Commonwealth be liable for unrecovered expended portions of the fund.

Credits

1990, July 11, P.L. 436, No. 107, § 305, imd. effective.
35 P.S. § 7131.305, PA ST 35 P.S. § 7131.305
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document