2010 New York Code
ENV - Environmental Conservation
Article 29 - LOW-LEVEL RADIOACTIVE WASTE FACILITIES
Title 7 - (29-0701 - 29-0703) FINANCIAL ASSURANCE
29-0703 - Closure and post-closure plans.

§ 29-0703. Closure and post-closure plans.
    1.  Any  permits  for  such facilities for the management of low-level
  radioactive waste issued by the  department  shall  require  owners  and
  operators   of  facilities  for  the  permanent  disposal  of  low-level
  radioactive waste to submit to the department for its approval plans for
  the  closure  and  post-closure  monitoring  and  maintenance  of  their
  facilities.   The   department  may  promulgate  rules  and  regulations
  concerning the contents of such plans.  Such  plans  shall  be  approved
  prior to the effective date of the facilities' operating permit.
    2. Together with the submission of a plan for closure and post-closure
  monitoring and maintenance, the owner or operator of such facilities for
  the  permanent  disposal  of low-level radioactive waste shall submit to
  the department for approval a written estimate of the  costs  associated
  with  closure  at  the estimated point in the facilities' operating life
  when the extent and manner of their operation  would  make  closure  the
  most expensive, as indicated by the closure plan.
    3.  The  owner  or operator shall prepare new closure and post-closure
  monitoring and maintenance cost  estimates  whenever  a  change  in  the
  closure and post-closure monitoring and maintenance requirements affects
  the cost of the closure or post-closure care.
    4.  One  year after the approval of the cost estimates as set forth in
  subdivision two of this section, and annually thereafter  until  closure
  of  the  facilities,  the operator's closure and post-closure monitoring
  and maintenance estimates shall be adjusted to account for inflation.
    5. All estimates made pursuant to this section  and  revision  thereto
  shall be subject to the review and approval of the department.
    6.  The  methods and instruments of financial assurances for permitted
  facilities for permanent disposal of low-level radioactive  waste  shall
  be periodically reviewed by the department to determine whether they are
  adequate  in light of changed circumstances to insure proper closure and
  post-closure monitoring and maintenance of such facilities.

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