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§ 7130.307. Site selection

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. § 7130.307
§ 7130.307. Site selection
(a) Screening report.--The operator-licensee designate shall conduct a study screening the Commonwealth for potentially suitable sites in accordance with the siting regulations adopted pursuant to section 3041and shall prepare a screening report which documents the findings of the study. A municipality or group of municipalities may, through their duly authorized governing body or bodies, request consideration as a potentially suitable site under this section. Such offering municipality or group of municipalities shall be included in the screening study to be conducted by the operator-licensee designate, the screening report required by subsection (b) and the other applicable provisions of this section.
(b) Submission.--The operator-licensee designate shall propose three potentially suitable sites and submit those sites to the Environmental Quality Board for approval. The proposal shall be accompanied by:
(1) the site screening report;
(2) a site justification explaining the reasons for choosing the potentially suitable sites compared to other sites considered; and
(3) a study of the short-term and long-term environmental effects on the potentially suitable sites and affected areas.
(c) Social and economic impact study.--At the same time as the submission of the application for potentially suitable sites required in subsection (b), the operator shall submit to the department a study of the short- and long-term social and economic impacts of a regional facility on the municipalities surrounding the potentially suitable sites. The study shall include, but not be limited to, the impacts on tax revenue, public infrastructure, emergency management capabilities, compatibility with regional and local economic goals, other demographic characteristics, loss of resources and social service demands. The study shall propose each host municipality and affected municipalities.
(d) Evaluation.--The department shall evaluate the proposal and submit conclusions and siting recommendations to the Environmental Quality Board.
(e) Procedure.--The Environmental Quality Board shall hold at least one public information meeting and one public hearing in each of the potentially suitable areas as required in section 302(c),2 evaluate the three proposed potentially suitable sites and determine if they satisfy the applicable siting regulations. If any site does not satisfy the applicable siting regulations, the board shall so inform the operator-licensee designate who shall propose another potentially suitable site and submit another site justification pursuant to subsection (b), and another social and economic impact study pursuant to subsection (c). If a proposed potentially suitable site satisfies the applicable siting regulations, the board shall give preliminary site approval to allow for further site evaluation. The board shall make a determination that the screening process has identified three of the best potential locations in the host state, based on the administrative record before the board. The administrative record shall consist of the screening report, site justification report, the study of short-term and long-term environmental effects on the potentially suitable sites, the conclusions and siting recommendations of the department and the testimony presented at the board's public hearings and comments received during the comment period.
(f) Preliminary approval.--
(1) Upon the preliminary approval of the three sites by the Environmental Quality Board, the operator-licensee designate shall obtain access to those sites for further study. The operator-licensee designate shall have the right to enter provided to a condemnor under section 409 of the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6),3 known as the Eminent Domain Code.
(2) Property owners of any site which has received preliminary approval by the Environmental Quality Board, but which is not selected as the final site, shall have the rights of a condemnee under section 408 of the Eminent Domain Code,4 as are therein granted to condemnees subject to a revocation of condemnation proceedings. When the preliminary site has been rejected by the action of the secretary in issuing a permit for another site, notice of such relinquishment shall be served upon the affected property owners in the same manner as provided for in a declaration of taking under the Eminent Domain Code. The affected property owners shall be reimbursed by the operator-licensee designate for reasonable appraisal, attorney and engineering fees and other costs and expenses actually incurred because of the preliminary approval of the site by the Environmental Quality Board. Such damages shall be assessed by the court, or the court may refer the matter to viewers to ascertain and assess the damages sustained by the affected property owners, whose award shall be subject to appeal as provided in the Eminent Domain Code.
(g) Purchase of site.--Upon receiving a license to operate the regional facility at the site, the operator shall purchase the site and transfer title to all land to the Commonwealth. If the operator-licensee designate is unable to purchase the site, the Commonwealth shall acquire the site by eminent domain and the operator-licensee designate shall reimburse the Commonwealth for all costs of acquisition.
(h) Final approval.--The issuance of a license by the secretary pursuant to section 3085 shall constitute final approval of the site. The Commonwealth shall hold title to the land until at least the end of the institutional control period.
(i) Appeal.--The issuance of the license is appealable to the Environmental Hearing Board pursuant to section 1921-A of the act of April 9, 1929 (P.L. 177, No. 175)6 known as The Administrative Code of 1929. This appeal shall take precedence over other appeals pending before the board and shall be handled in an expedited manner. The decision of the board is appealable to Commonwealth Court. A citizen of this Commonwealth, a host municipality or a host county, who or which makes an appeal on his or its own behalf under this section, shall not be required to post a bond nor shall they be required to pay a fee for filing the appeal.

Credits

1988, Feb. 9, P.L. 31, No. 12, § 307, imd. effective.

Footnotes

35 P.S. § 7130.304.
35 P.S. § 7130.302.
26 P.S. § 1-409 (repealed); see 26 Pa.C.S.A. § 309.
26 P.S. § 1-408 (repealed); see 26 Pa.C.S.A. § 308.
35 P.S. § 7130.308.
71 P.S. § 510-21 (repealed); see 35 P.S. § 7511 et seq.
35 P.S. § 7130.307, PA ST 35 P.S. § 7130.307
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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