2122

LAWS OF MARYLAND

Ch. 240

SUBTITLE FOR A LOW-LEVEL NUCLEAR WASTE FACILITY PERMIT; AND

(2) (I) THE LOW-LEVEL NUCLEAR WASTE FACILITY
PERMIT CONFORMS TO ANY INTERSTATE LOW-LEVEL NUCLEAR WASTE
DISPOSAL COMPACT OF WHICH THIS STATE IS A MEMBER;

(II)  THE GOVERNOR ISSUES AN EXECUTIVE
ORDER UNDER § 7-234 OF THIS SUBTITLE; OR

(III)  THE DEPARTMENT DETERMINES UNDER
STANDARDS SET BY ITS RULES OR REGULATIONS THAT:

1.  THE HALF-LIFE OR SPECIFIC
ACTIVITY OF THE LOW-LEVEL NUCLEAR WASTE IS SUCH THAT WITHIN
A PERIOD OF NOT MORE THAN 6 MONTHS, THE LOW-LEVEL NUCLEAR
WASTE WILL NOT REQUIRE SPECIAL HANDLING, SPECIAL SUBSURFACE
DISPOSAL, OR SUBSURFACE SPECIAL STORAGE; AND

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

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, 689C(b) and NR § 8-1413.4(a) and (b).

The attention of the General Assembly is directed.
to an ambiguity in item (2)(iii) 1. of this
section and in § 8-402 of this article. It is
not clear what point in time the 6 months is
measured from. The Department advises including
the phrase "from the generation of the low-level
nuclear waste".

7-234. EXECUTIVE ORDER.

(A)  POWER OF GOVERNOR.

THE GOVERNOR MAY ISSUE AN EXECUTIVE ORDER THAT ALLOWS
THE DEPARTMENT TO ISSUE A LOW-LEVEL NUCLEAR WASTE FACILITY
PERMIT IF THE GOVERNOR FINDS THAT THERE IS A SUBSTANTIAL
LIKELIHOOD THAT THE ABSENCE OF A LOW-LEVEL NUCLEAR WASTE
FACILITY, INSIDE OR OUTSIDE THIS STATE, WILL:

(1)  CAUSE A CESSATION IN THIS STATE OF POWER
GENERATION, MEDICAL TREATMENTS, MEDICAL DIAGNOSIS,
SCIENTIFIC RESEARCH, OR OTHER ACTIVITY THAT RELIES ON
NUCLEAR SOURCES; OR

(2)  OTHERWISE PRESENT A SERIOUS THREAT TO PUBLIC
SAFETY OR HEALTH.

(B)  SUBMISSION TO GENERAL ASSEMBLY.

THE GOVERNOR SHALL SUBMIT EACH EXECUTIVE ORDER ISSUED