HARRY HUGHES, Governor                               2717

THIS SUBTITLE TO AN APPLICANT WHO DOES NOT DEMONSTRATE TO
THE DEPARTMENT THAT THERE IS STORAGE OR DISPOSAL CAPACITY
AVAILABLE IN OR OUT OF THIS STATE FOR ANY LOW-LEVEL NUCLEAR
WASTE WHICH THE APPLICANT MAY GENERATE.

(2) THIS SUBSECTION DOES NOT APPLY:

(I)  IF AN INTERSTATE COMPACT OR EXECUTIVE
AGREEMENT FOR THE DISPOSAL OF LOW-LEVEL NUCLEAR WASTE OF
WHICH THIS STATE IS A MEMBER IS IN EFFECT;

(II)  TO LICENSES ISSUED FACILITIES THAT
GENERATED LOW-LEVEL NUCLEAR WASTE BEFORE JANUARY 1, 1986;

(III)  TO RENEWAL OF A LICENSE ORIGINALLY
ISSUED BEFORE JANUARY 1, 1986; OR

(IV)  TO ANY HOSPITAL OR MEDICAL, MEDICAL,
OR EDUCATIONAL FACILITY IN THIS STATE;

(IV) (V) IF THE DEPARTMENT DETERMINES,
UNDER STANDARDS ADOPTED BY REGULATION, THAT:

1.  THAT HALF-LIVES OR SPECIFIC
ACTIVITY OF THE LOW-LEVEL NUCLEAR WASTE IS, OR WITHIN A
PERIOD NOT IN EXCESS OF 3 6 MONTHS WILL BE, AT SUCH A LEVEL
THAT THE WASTE DOES NOT REQUIRE SPECIAL HANDLING OR
SUBSURFACE DISPOSAL OR STORAGE; AND"

2.  THE LOW-LEVEL NUCLEAR WASTE CAN
BE SAFELY DISPOSED OF IN THE SAME MANNER AS OTHER HAZARDOUS
SUBSTANCES OR HANDLED AS CONVENTIONAL WASTE; OR

(IV) (V) (VI) IF THE DEPARTMENT ADOPTS A
RULE CERTIFYING THE EXISTENCE OF THE CONDITIONS SPECIFIED IN
SUBSECTION (B) OF THIS SECTION.; OR

(VII) IF THE GOVERNOR FINDS THAT THERE IS
A SUBSTANTIAL LIKELIHOOD THAT THE ABSENCE OF A STORAGE OR
DISPOSAL SITE FOR LOW-LEVEL NUCLEAR WASTES IN OR OUT OF THIS
STATE WILL CAUSE A CESSATION WITHIN THIS STATE OF POWER
GENERATION, MEDICAL TREATMENTS OR DIAGNOSIS, SCIENTIFIC
RESEARCH, OR OTHER ACTIVITY RELYING UPON NUCLEAR SOURCES, OR
PRESENTING A SERIOUS THREAT TO THE PUBLIC SAFETY OR HEALTH.
AN EXECUTIVE ORDER ISSUED UNDER THIS SECTION SHALL BE
SUBMITTED TO THE GENERAL ASSEMBLY AND SHALL BECOME EFFECTIVE
30 DAYS AFTER THE DATE OF SUBMISSION UNLESS SPECIFICALLY
DISAPPROVED BY A RESOLUTION CONCURRED IN BY A MAJORITY VOTE
OF THE MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY,
DURING A REGULAR OR SPECIAL SESSION.

(B) THE DEPARTMENT MAY ADOPT A RULE CERTIFYING THAT A
DEMONSTRATED TECHNOLOGY OR MEANS FOR THE PERMANENT DISPOSAL
OF LOW-LEVEL NUCLEAR WASTE:

(1) HAS BEEN DEVELOPED;