Section 7130.102 - Legislative findingsThe General Assembly hereby determines, declares and finds that low-level radioactive wastes are generated within this Commonwealth; that these wastes must be isolated for the full hazardous life of the wastes in order to protect the public health and safety; that the Low-Level Radioactive Waste Policy Amendments Act of 1985 requires each state to be responsible for providing for the availability of capacity for disposal of low-level wastes generated within its borders; that shallow land burial is prohibited under the terms of the Appalachian States Low-Level Radioactive Waste Compact; that the illegal disposal of low-level radioactive waste poses severe risks to the health and safety of the public and the protection of the environment; that low-level radioactive waste disposal carried out in an environmentally sound manner to protect the health and safety of the public is in the public interest; and acknowledging that the Department of Environmental Resources shall be the Commonwealth agency with these responsibilities. It is the purpose of this act to:
(1) Implement Pennsylvania's duties and responsibilities arising under the Appalachian States Low-Level Radioactive Waste Compact.(2) Establish and maintain, to the extent allowable under Federal law, a comprehensive and pervasive low-level waste disposal management, licensing and regulatory program in the Department of Environmental Resources for which all costs shall be borne by the low-level waste generators, brokers, carriers and the regional facility operator regulated by this act.(3) To the extent allowed under Federal law, require the minimization of the amount of low-level waste generated and the reduction of the volume and toxicity of low-level waste requiring disposal.(4) Protect the public health, safety and welfare, and the environment from the short- and long-term dangers of low-level waste and its transportation, management and disposal.(5) Establish an open public process to locate a regional facility in the Commonwealth, to determine the operator and disposal technology and to license the regional disposal facility.(6) Provide for benefits and guarantees for communities affected by the establishment, operation and presence of a low-level radioactive waste disposal facility.(7) Assure the participation of the public and of elected and appointed officials at all levels of government in the decisionmaking process, create a Public Advisory Committee and assist in public education efforts related to low-level waste disposal.(8) Prohibit shallow land burial of low-level radioactive waste; except that the department shall develop standards by regulation for the onsite handling and disposal of naturally occurring radioactive materials, ores and their waste products.(9) Provide a comprehensive and effective strategy for the siting of commercial low-level waste compactors and other waste management facilities, and to ensure the proper transportation, disposal and storage of low-level radioactive waste.(10) Assure that the low-level radioactive waste facility will be above grade of the land, unless other designs provide significant improvement in recoverability, monitoring, public health and environmental protection.(11) Prohibit the commercial incineration of radioactive wastes.(12) Assure that waste disposed of at the regional facility does not include radioactive waste originating outside the Appalachian Compact states except as otherwise provided in this act.(13) Provide that no low-level radioactive waste shall be disposed of at any disposal facility not licensed to accept low-level radioactive waste or at any municipal landfill or commercial incinerator.1988, Feb. 9, P.L. 31, No. 12, § 102, imd. effective.