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§ 7130.315. Fees, rates and surcharges

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 39C. Low-Level Radioactive Waste Disposal Act (Refs & Annos)
Chapter 3. Low-Level Waste Disposal
35 P.S. § 7130.315
§ 7130.315. Fees, rates and surcharges
(a) Establishment by department.--The department shall establish reasonable fees for licensing of the operator-licensee designate and permitting of generators, brokers and carriers. In setting the fees, the department shall consider disposal costs and classification of the waste.
(b) Approval of rates charged by operators.--The department shall require that all proposed rates charged by the operator for the disposal of low-level waste in the regional facility be submitted to the department prior to their implementation. The department shall determine if the rates are consistent with the fee structure established in the contract entered into under section 306(d)1 and may require the operator to modify the proposed rates if the department determines that they are not consistent with the fee structure established in the contract entered into under section 306(d). The rates shall be based on actual disposal cost and waste classification. Rates shall be adequate to assure protection of public health and safety and the environment, the retirement of facility debt plus an adequate return on capital invested and future site closure, and stabilization and decommissioning expenses.
(c) Surcharges.--
(1) The department shall assess surcharges on low-level radioactive waste disposed of at the regional facility as follows:
(i) A surcharge imposed adequate to return to the General Fund over a five-year period any appropriations expended by the department from the General Fund from July 1, 1987, to the date the regional facility begins operation, and shall expire when the General Fund is fully reimbursed.
(ii) A continuing surcharge imposed to be adequate to support the Commonwealth's expenses related to this act and the compact, including, but not limited to, the surveillance of packages, inspection, decontamination, decommissioning and postclosure maintenance of the regional facility, recordkeeping systems and such other activities as the department finds necessary to ensure the safe operation of the regional facility.
(iii) A surcharge imposed to be adequate to fund the Long-Term Care Account as provided in section 313.2
(iv) A surcharge that shall be adequate to fund the Regional Facility Protection Fund to a level of not less than $100,000,000, indexed to increase with cost-of-living adjustments, upon the date of termination of the operator's license.
(2) These surcharges and fees shall be reviewed annually by the department to determine if they are adequate and revised accordingly. The method shall be determined by regulation.
(3) These surcharges shall be collected by the operator at no cost to the Commonwealth and shall be transmitted to the department no less frequently than monthly.
(d) Host and affected municipality benefits.--The department shall review and approve all surcharges for host and affected municipality benefits as provided in section 318.3

Credits

1988, Feb. 9, P.L. 31, No. 12, § 315, imd. effective.

Footnotes

35 P.S. § 7130.306.
35 P.S. § 7130.313.
35 P.S. § 7130.318.
35 P.S. § 7130.315, PA ST 35 P.S. § 7130.315
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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