Michigan Compiled Laws
Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226)
Section 333.26205 - Duties of Authority Generally.

Sec. 5.
(1) In addition to the duties provided in this act and in part 137, subject to other applicable requirements of law, the duties of the authority include all of the following:
(a) Select the host site.
(b) Submit an application to the department for a construction and operating license for the disposal site that meets the requirements of part 137.
(c) Acquire, purchase, hold, lease, or manage real property, easements, and rights-of-way to implement this act.
(d) Make available and negotiate on behalf of the state monetary and nonmonetary incentives and benefits for the state, the host site community, the county in which the host site community is located, and the municipalities that have a common border with the host site community.
(e) Make available to local monitoring committees sufficient funding to enable the local monitoring committees to fulfill their responsibilities under section 14.
(f) Establish just and reasonable waste disposal fees and surcharges subject to the requirements of section 19.
(g) Negotiate and arbitrate with the local monitoring committee for the host site as provided in section 16.
(h) Establish and implement a disposal shipment registration system.
(i) Make a continuous study and investigation of the disposal site in order to ascertain and provide remedies for any defects in the disposal site through institutional control.
(j) If this state does not enter a compact, refuse to accept waste that is not generated in this state.
(k) If this state does enter into a compact, refuse to accept waste generated in any state that is not a member of the compact in which this state is a member. In addition, the authority shall refuse to accept waste for disposal in the disposal site from any member of the compact who does either of the following:
(i) Is delinquent in paying dues or fees payable under the compact.
(ii) Fails to establish or maintain a permitting and regulatory system, including penalties and remedies, that equals or exceeds the laws and rules of this state as they apply to generators, carriers, processors, and collectors of waste.
(l) Inspect the construction of the disposal site until construction is completed on a weekly basis and submit to the department the results of the inspection and the date on which the inspection occurred.
(m) Hold public hearings every other month during the process for selecting a site for the disposal site and every 6 months after the site for the disposal site is selected through the period of institutional control.
(n) Assist generators in sharing policies to facilitate waste minimization and volume reduction, including, but not limited to, switching from long-lived radioactive materials to short-lived radioactive materials, switching to nonradioactive materials and processes, waste stream screening and separation, and curtailment of waste producing operations.
(2) In addition to the duties provided in this act and in part 137 and the rules promulgated under part 137, the authority shall do all of the following or enter into contracts to assure that all of the following are accomplished:
(a) Site characterization.
(b) Performance assessment.
(c) Development of siting criteria.
(d) Disposal site monitoring.
(e) Disposal site design, construction, engineering, and inspection.
(f) Selection of disposal technology.
(g) Prepare an application for a construction and operating license for the disposal site.
(h) Disposal site operation.
(i) Site closure and stabilization.
(j) Postclosure observation and maintenance.
(k) Institutional control.
History: 1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 434, Imd. Eff. Jan. 6, 1995

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226)

Section 333.26201 - Short Title.

Section 333.26202 - Definitions.

Section 333.26203 - Low-Level Radioactive Waste Authority; Creation; Autonomous Entity; Commissioner as Head of Authority; Appointment, Qualifications, and Term of Commissioner; Vacancy; Salary; Exemption From Civil Service; Employment of Personnel.

Section 333.26204 - Powers of Authority Generally.

Section 333.26205 - Duties of Authority Generally.

Section 333.26206 - Application for Construction and Operating License; Agreements or Contracts With Person to Perform Responsibility of Authority; Notice; Public Comment; Forwarding Copy of Contract.

Section 333.26207 - Establishment of Process Permitting Municipality to Volunteer as Host Site; Minimum Requirement; Notice; Powers and Duties of Authority; Construction of Section.

Section 333.26208 - Siting Criteria Advisory Committee; Establishment; Independent Entity; Appointment, Qualifications, and Terms of Members; Powers of Committee; Vacancy; Quorum; Action by Committee; Staff and Services; Assistance to Committee; Meet...

Section 333.26209 - Final Siting Criteria; Establishment; Review and Consideration of Proposed Siting Criteria; Draft Version; Public Hearing.

Section 333.26210 - Final Siting Criteria; Establishment; Minimum Requirement.

Section 333.26211 - Designation of 3 Qualified Candidate Sites; Exclusion of Certain Sites; Preference to Be Given Certain Sites; Waiver of Criteria; Notice; Public Hearing.

Section 333.26212 - Site Characterization; Comprehensive Baseline Environmental Monitoring Program; Data; Access to Candidate Site.

Section 333.26213 - Review Board; Establishment; Purpose; Public Hearings; Recommendations; Appointment and Qualifications of Members; Chairperson; Quorum; Meetings; Notice; Reimbursement for Expenses.

Section 333.26214 - Local Monitoring Committee; Establishment; Purpose; Powers and Duties; Disbandment; Duration.

Section 333.26215 - Preliminary Designation of Host Site; Transmittal and Availability of Information; Rejection of Site; Terms of Agreement; Design and Construction of Disposal Site; “Legislative Working Day” Defined.

Section 333.26216 - Negotiations; Final Report; Final Summary; Appointment of Arbitration Committee; Arbitration and Resolution of Issues; Written Final Agreement; Copies; Meetings of Arbitration Committee; Cessation of Arbitration; Decision by Chair...

Section 333.26217 - International Low-Level Radioactive Waste Research and Education Institute; Establishment; Agreements; Independent Entity; Board of Governors; Appointment, Qualifications, and Terms of Governors; Powers and Duties of Institute; Va...

Section 333.26218 - Report and Recommendations; Preparation and Submission.

Section 333.26218a - Report by Generator; Contents; Preparation and Presentation of Summary.

Section 333.26219 - Establishment of Fee System for Disposal Site; Assurance of Sufficient Funding; Creation of Remedial Action Fund, Long-Term Liability Fund, Long-Term Care Fund, and Tax Contingency Fund; Administration; Disposition of Income and E...

Section 333.26219a - Michigan as Host State; Agreement to Include Provision Providing Penalty for Default.

Section 333.26220 - Low-Level Radioactive Waste Management Fund; Creation; Administration; Appropriations; Expenditures; Sources of Revenue; Exemption of Assets From Taxation; Preservation and Use of Assets.

Section 333.26220a - Bonds.

Section 333.26221 - Repealed. 1994, Act 434, Imd. Eff. Jan. 6, 1995.

Section 333.26222 - Noncompliance.

Section 333.26223 - Annual Report.

Section 333.26224 - Assistance From Other Department or Agencies; Reimbursement for Costs.

Section 333.26225 - Annual Appropriation.

Section 333.26226 - Conditional Effective Date.