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Chapter 173-44 WAC

Last Update: 8/30/83

FEES—RADIOACTIVE WASTE MANAGEMENT FACILITIES

WAC Sections

HTMLPDF173-44-010Purpose and scope.
HTMLPDF173-44-020Authority.
HTMLPDF173-44-030Definitions.
HTMLPDF173-44-040Perpetual care and maintenance fee.
HTMLPDF173-44-050PCM fee—Method of payment.
HTMLPDF173-44-060PCM fee—Disposition.
HTMLPDF173-44-070Severability.


PDF173-44-010

Purpose and scope.

The proper perpetual care and maintenance of radioactive waste management facilities is required to protect the public health, safety, and welfare. This chapter establishes the fees charged by the Washington state department of ecology for financing the necessary perpetual care and maintenance of radioactive waste management facilities. Promulgation of this regulation is further intended to satisfy the state's financial responsibilities to the United States government pursuant to the perpetual care agreement executed July 29, 1965.
[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-010, filed 8/30/83. Formerly WAC 173-16-010.]



PDF173-44-020

Authority.

This chapter is promulgated by the state department of ecology pursuant to authority granted in RCW 43.21F.045 and chapter 19, Laws of 1983 1st ex. sess.
[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-020, filed 8/30/83. Formerly WAC 173-16-020.]



PDF173-44-030

Definitions.

(1) "Facility" means any site, location, structure, or property used or to be used for the storage, disposal, or burial of radioactive materials or waste, which lies within the one hundred acre tract described in the perpetual care agreement between the state of Washington and the United States government executed July 29, 1965.
(2) "Department" means the Washington state department of ecology.
(3) "Perpetual care and maintenance" means the activities necessary to stabilize and secure a closed facility during the perpetual care period, including but not limited to: Trench stabilization; upkeep of erosion control measures, fences, and warning signs; and sampling of monitor wells.
(4) "Sublessee" means a party to a sublease with the state of Washington for a portion of the one thousand acres of land, as described in the state's lease with the United States government executed September 10, 1964, lying within the Hanford Reservation.
[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-030, filed 8/30/83. Formerly WAC 173-16-030.]



PDF173-44-040

Perpetual care and maintenance fee.

(1) Any sublessee of the state who stores, disposes, or buries radioactive materials or waste at a facility shall pay a perpetual care and maintenance fee.
(2) The perpetual care and maintenance fee shall be one dollar seventy-five cents per cubic foot of radioactive material or waste buried or permanently stored at a facility.
[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-040, filed 8/30/83. Formerly WAC 173-16-040.]



PDF173-44-050

PCM fee—Method of payment.

(1) The perpetual care and maintenance fee shall be due on a quarterly basis for the quarters ending January 15, April 15, July 15, and October 15. All perpetual care and maintenance fee payments shall be paid within forty-five days after the due date.
(2) Perpetual care and maintenance payments shall be by check, draft, or money order payable to the Washington state department of ecology.
[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-050, filed 8/30/83. Formerly WAC 173-16-050.]



PDF173-44-060

PCM fee—Disposition.

(1) Upon receipt of perpetual care and maintenance fee payments, the department shall transmit such payments to the state treasurer for deposit in the perpetual maintenance account authorized by chapter 19, Laws of 1983 1st ex. sess.
(2) Moneys in the perpetual maintenance account shall be invested by the state investment board in the same manner as other state moneys. Any interest accruing as a result of investment shall accrue to the perpetual maintenance account.
(3) The department shall maintain a segregated account of perpetual care and maintenance fee payments which are deposited in the perpetual maintenance account.
(4) The department, in consultation with the state radiation control agency, shall periodically evaluate the perpetual care and maintenance fee to determine whether it will provide adequate financing to assure perpetual care and maintenance of a closed facility. Any adjustments to the fees shall be made by rule adopted pursuant to chapter 34.04 RCW.
[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-060, filed 8/30/83. Formerly WAC 173-16-060.]



PDF173-44-070

Severability.

If any portion of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.
[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-070, filed 8/30/83. Formerly WAC 173-16-070.]