Section 7130.301 - Powers and duties of the Department of Environmental ResourcesThe department shall have the power and its duty shall be to:
(1) Develop and implement a comprehensive program for the regulation of the generation, storage, handling, transportation, processing, minimization, separation, management and disposal of low-level radioactive waste to the extent allowable under Federal law or State law, whichever is more stringent.(2) Implement a regulatory, inspection, enforcement and monitoring program consistent with the terms of an agreement between the United States Nuclear Regulatory Commission and the Commonwealth, as provided for in section 201 of the Radiation Protection Act, and this act.(3) Enter into a contract with an operator-licensee designate to screen the State to locate potentially suitable sites, to study the sites in detail and to submit a license application to operate the regional facility.(4) License a regional facility operator in accordance with section 308 and regulations promulgated hereunder.(5) Issue permits to generators, brokers and carriers of low-level waste for access to the regional facility in accordance with provisions of this act and with specific regulations promulgated under this act.(6) Receive title to the land for use as a regional facility from the licensee for eventual transfer to the custodial agency or acquire land by eminent domain in the manner provided in the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6), known as the Eminent Domain Code, if the operator-licensee designate cannot acquire the property prior to submitting an application to the department for a license.(7) Use Commonwealth property for the regional facility where such use is consistent with uses authorized under State law.(8) Provide for the licensing and regulation of a custodial agency for the long-term care and monitoring of the regional facility for the duration of the institutional control period in accordance with regulations established by the Environmental Quality Board.(9) Provide for the emergency care and monitoring of the regional facility, which may include the appointment of an interim operator if the department determines that: (i) the licensee has failed to comply with the terms and conditions of the contract or is in violation of this act, regulation or license conditions, permits or order issued under this act, or the Radiation Protection Act, and a threat exists to the health or safety of the public or the environment; or(ii) the licensee is in repeated or continuing violation of this act, regulations or the terms and conditions of any license, permit or order issued under this act, or the Radiation Protection Act.(10) Implement policies, including fee schedules and other incentives, to the extent authorized by the Appalachian Compact and State and Federal law to reduce the volume and toxicity of low-level radioactive waste.(11) Promulgate regulations establishing a low-level radioactive waste classification system which shall take into consideration curie concentration, toxicity, hazardous life and prior treatment of wastes.(12) Promulgate regulations establishing standards for the hazardous life of low-level waste which shall be at least as restrictive as Federal standards.(13) Provide for emergency response capability in cooperation with the Pennsylvania Emergency Management Agency.(14) Do any and all other acts not inconsistent with the provisions of this act which are necessary and proper for the effective implementation and enforcement of this act and the Radiation Protection Act.1988, Feb. 9, P.L. 31, No. 12, § 301, imd. effective.