2006 Code of Virginia § 10.1-1432 - Further powers of Board

10.1-1432. Further powers of Board.

The Board shall have the power, subject to the approval of the Governor:

1. To acquire by purchase, exercise the right of eminent domain as providedin Chapter 2 ( 25.1-200 et seq.) of Title 25.1 grant, gift, devise orotherwise, the fee simple title to or any acceptable lesser interest in anylands, selected in the discretion of the Board as constituting necessary,desirable or acceptable sites for low-level radioactive waste management,including lands adjacent to a project site as in the discretion of the Boardmay be necessary or suitable for restricted areas. In all instances landsthat are to be designated as radioactive waste material sites shall beacquired in fee simple absolute and dedicated in perpetuity to such purpose;

2. To convey or lease, for such term as in the discretion of the Board may bein the public interest, any lands so acquired, either for a fair andreasonable consideration or solely or partly as an inducement to theestablishment or location in the Commonwealth of any scientific ortechnological facility, project, satellite project or nuclear storage area;but subject to such restraints as may be deemed proper to bring about areversion of title or termination of any lease if the grantee or lesseeceases to use the premises or facilities in the conduct of business oractivities consistent with the purposes of this article. However, radioactivewaste material sites may be leased but may not otherwise be disposed ofexcept to another department, agency or institution of the Commonwealth or tothe United States;

3. To assume responsibility for perpetual custody and maintenance ofradioactive waste held for custodial purposes at any publicly or privatelyoperated facility located within the Commonwealth if the parties operatingsuch facilities abandon their responsibility and whenever the federalgovernment or any of its agencies has not assumed the responsibility. In suchevent, the Board may collect fees from private or public parties holdingradioactive waste for perpetual custodial purposes in order to finance suchperpetual custody and maintenance as the Board may undertake. The fees shallbe sufficient in each individual case to defray the estimated cost of theBoard's custodial management activities for that individual case. All suchfees, when received by the Board, shall be credited to a special fund of theDepartment, shall be used exclusively for maintenance costs or for otherwisesatisfying custodial and maintenance obligations; and

4. To enter into an agreement with the federal government or any of itsauthorized agencies to assume perpetual maintenance of lands donated, leased,or purchased from the federal government or any of its authorized agenciesand used as custodial sites for radioactive waste.

(1986, c. 492, 10-285; 1988, c. 891; 2003, c. 940.)