Section 7130.306 - Operator-licensee designate selection(a) Proposals.--The secretary shall, through a request-for-proposal process, select an operator-licensee designate. The proposals shall include detailed methods to be used for site screening and selection of potentially suitable sites; an explanation of how the operator plans to meet requirements of this act for public participation, including details of provisions for information to and solicitation of information from the public, the host municipality and the host county; the design of the proposed regional facility; the detailed site specific studies to be conducted to determine the environmental qualifications of the sites; a description of facility operational plans; a description of operator qualifications, including relevant experience, financial history, compliance history and current financial and compliance status of the operator; details of the method of operating the regional facility; a proposed method to determine the impact of the regional facility on the potential host and affected municipalities; a proposal for a minimum host municipality benefits and guarantee package; a proposed fee schedule for disposal based on projected disposal costs and waste classification; and any other criteria the secretary may require.(b) Qualifications.--(1) The department shall develop standards for operator qualifications which shall be reviewed by the Low-Level Waste Public Advisory Committee prior to the start of the request-for-proposal process. The standards shall include, but not be limited to, provisions for consideration of the following: (i) The relevant experience of the operator-licensee applicant.(ii) The financial history of the operator-licensee applicant.(iii) The compliance history of the operator-licensee applicant. In reviewing the applicant's compliance history, the department:(A) shall require the applicant to provide a record of its compliance history with environmental protection statutes of the Commonwealth, other states and of the Federal Government, including, but not limited to, any violations of the provisions of this act, the Appalachian States Low-Level Radioactive Waste Compact Law, the Radiation Protection Act, or any other state or Federal statute relating to environment protection or to the protection of public health, safety and welfare or any rule or regulation, order or any condition of any license issued by the department or any major violations, orders or consent decrees or similar administrative enforcement actions, or civil or criminal litigation involving the requirements above; and(B) may deny the applicant the opportunity for consideration as an operator if he has engaged in unlawful conduct, or if the applicant's partner, associate, officer, parent corporation, subsidiary corporation, contractor or agent has engaged in such unlawful conduct, or has shown a lack of ability or intention to comply with the requirements listed in clause (A), unless the applicant demonstrates to the satisfaction of the secretary that the applicant has the ability and intention to comply with requirements as referred to in clause (A). Evidence of the ability and intention to comply with these requirements shall include, but not be limited to, evidence that:(i) the applicant does not have a pattern of major violations of the environmental requirements referred to in this section;(ii) the applicant does not have a record of continuing violations of the environmental requirements referred to in this section. For the purpose of this subclause, a continuing violation includes, but is not limited to, a violation that is not being abated or removed or a violation where the applicant is not cooperating in good faith with the appropriate state or Federal environmental agency to remedy or abate the violation;(iii) the applicant has complied or is complying with all orders or consent decrees of the department, or similar administrative enforcement actions of another state or of the Federal Government where pollution is being abated or removed; and(iv) the applicant has made or is making full payment of any civil or criminal penalties imposed under the environmental statutes of the Commonwealth, another state or of the Federal Government.(2) In no event shall any person who has committed a criminal violation of any state or Federal environmental statute resulting in a conviction of a first degree misdemeanor or a felony, within ten years prior to the effective date of this act, be given an opportunity to be considered under this act as an operator.(3) If all applicants are found unacceptable by the secretary, the secretary shall recommend to the Governor, that the Governor, with the advice and consent of the General Assembly, shall designate an agency or authority of the Commonwealth to operate the regional facility at the site selected by the secretary in compliance with all regulations of the department.(c) Procedure.--All proposals from potential site operator-licensee designates shall be open for public inspection and comment for at least 90 days prior to the selection of the operator by the secretary. Notice shall, at a minimum, be provided in the Pennsylvania Bulletin and in newspapers of wide general circulation of the availability of the proposals, and the proposals shall be available for public inspection. At least two public meetings shall be held in conjunction with the Low-Level Waste Advisory Committee to discuss the proposals. All written comments received during the comment period will be taken into consideration and become part of the public record.(d) Contract.--The secretary shall enter into a contract with the operator-licensee designate authorizing the operator to complete the site screening process, the selection of three potentially suitable sites, the detailed evaluation of each potentially suitable site, and the license application process, and to operate and close the regional facility only if issued a license from the department under this act. The contract shall include, but not be limited to, any applicable provisions of the proposal. The contract shall contain provisions regarding funding sources to be utilized for the facility, liability agreements, the establishment of a reasonable and adequate fee structure, expenses for events which are beyond the control of the operator-licensee designate and cancellation or modification of the contract if the operator-licensee designate is not complying with the provisions of the contract or is unable or unwilling to properly carry out the site screening and evaluation process.(e) Appeal.--Any affected person may appeal the selection of the operator-licensee to the Environmental Hearing Board based solely on the qualifications in this section of the operator-licensee designate.1988, Feb. 9, P.L. 31, No. 12, § 306, imd. effective.