Date of Adoption: November 1, 1999.

Purpose: This chapter implements section 5, chapter 2, Laws of 1986, which implements the Federal Low-Level Radioactive Waste Policy Amendments Act of 1985.

Citation of Existing Rules Affected by this Order: Amending chapter 173-325 WAC, Low- level radioactive waste disposal.

Statutory Authority for Adoption: RCW 43.200.180.

Other Authority: RCW 43.200.070.

Adopted under notice filed as WSR 99-17-114 on August 18, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

November 1, 1999

Tom Fitzsimmons

Director

OTS-3284.1

AMENDATORY SECTION(Amending Order 86-14, filed 7/7/86)

WAC 173-325-020
Definitions.

(1) "Site" means the commercial low-level radioactive waste disposal site located near Richland, Washington.

(2) "Low-level radioactive waste" ((is defined in Public Law 99-240)) means radioactive material that:

(a) Is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section 11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(3)(2))); and

(b) The Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste.

(3) "Northwest compact region" means the states of Washington, Oregon, Idaho, Utah, Montana, Alaska, and Hawaii.

(4) "Southeast compact region" means the states of South Carolina, North Carolina, Virginia, Tennessee, Florida, Mississippi, Alabama, and Georgia.

(5) "Rocky Mountain compact region" means the states of Nevada, Colorado, Wyoming, and New Mexico.

(6) "Department" means the department of ecology.

(7) "P.L. 99-240" means the Federal Low-Level Radioactive Waste Policy Amendments Act of 1985, 99 Stat. 1842.

[Statutory Authority: 1986 c 2 § 5.  86-15-008 (Order 86-14), § 173-325-020, filed 7/7/86.]

(1) Any generator or broker shipping waste ((which)) that originated outside the northwest compact region for disposal at the site shall pay to the state of Washington a surcharge as follows:

(a) From March 1, 1986 through December 31, 1987, $10 per cubic foot of waste.

(b) From January 1, 1988 through December 31, 1989, $20 per cubic foot of waste.

(c) From January 1, 1990, through December 31, 1992, $40 per cubic foot of waste.

(2) In addition, the department may impose penalty surcharges up to the maximum extent allowed by P.L. 99-240.

(3) Surcharge payments must be mailed or electronically transferred no later than the day the respective waste shipment leaves the state of origin.  In the lower left hand corner of the check, the valid site use permit number and shipment manifest number must be recorded.  For electronic transfers, the valid site use permit number, and shipment manifest number, followed by the name of the facility (limited to 35 characters) must be transmitted at the time of the transfer.  A copy of the face of the check, or of the receipt for wire transfer must be attached to the shipping manifest when the shipment arrives at the disposal site.

(4) Surcharge payment may be made by a check payable to the state of Washington or by electronic transfer.  Checks should be mailed to:

"LLW SURCHARGE"

Cashier

Fiscal Office

Department of Ecology

((St. Martin's Campus

Mail Stop PV-11))

P.O. Box 5128

Olympia, WA ((98504)) 98509-5128

Electronic transfers (((telegraphic abbreviation RAINIER SEA if needed))) should be directed to:

((Robert S. O'Brien,)) State Treasurer

Concentration Account

((Rainier National Bank

Olympia Branch

Account #0041399260))

Seafirst National Bank

P.O. Box 24678

Seattle, WA 98124

Account #125000024

(5) Prenotification forms (#A-1 and #B-1) are no longer required.

(6) Brokers are required to attach to the shipping manifest a tabulated list of those generators whose waste is being shipped.  The tabulated list must include the following information in the format specified:

(7) Any generator or broker shipping waste ((which)) that was originally generated in the southeast compact region for disposal at the site must attach to the shipping manifest a copy of the letter granting certification to export waste from the southeast compact region.

(8) Any generator or broker shipping waste ((which)) that was originally generated in the Rocky Mountain compact region for disposal at the site must attach to the shipping manifest a copy of the letter granting approval to export waste from the Rocky Mountain compact region.

(9) Violation of any of these requirements may result in revocation of a generator's or broker's Washington State site use permit.  Upon revocation of a site use permit, subsequent reissuance may be conditioned upon agreement to comply with appropriate conditions, such as a condition that surcharge payments be made by certified or cashier's check, and be received in advance, and a condition that the state of Washington be provided specific information at least three days ((prior to)) before the shipment.

[Statutory Authority: 1986 c 2 § 5.  86-15-008 (Order 86-14), § 173-325-030, filed 7/7/86.]

(1) For each waste shipment for which a surcharge is due (as required by WAC 173-325-030 (1)-(2)), arriving at the facility, obtain a copy of the surcharge payment check or receipt of electronic wire transfer before receiving the waste shipment for disposal.

(2) For each waste shipment of a broker arriving at the facility, obtain the written information required by WAC 173-325-030(5) before receiving the waste shipment for disposal.

(3) For each waste shipment that contains waste ((which)) that was originally generated in the southeast compact region arriving at the facility, obtain a copy of the letter granting certification to export waste from the southeast compact region.

(4) For each waste shipment that contains waste ((which)) that was originally generated in the Rocky Mountain compact region arriving at the facility, obtain a copy of the letter granting approval to export waste from the Rocky Mountain compact region.

(5) Provide to the Washington state department of ecology information on each waste shipment received for disposal at the facility, as requested by the department.

[Statutory Authority: 1986 c 2 § 5.  86-15-008 (Order 86-14), § 173-325-040, filed 7/7/86.]

This chapter shall take effect April 21, 1986, (1) except the requirements in WAC 173-325-030 (1)-(2), which took effect March 1, 1986, and (2) WAC 173-325-040(3), which takes effect immediately.

[Statutory Authority: 1986 c 2 § 5.  86-15-008 (Order 86-14), § 173-325-050, filed 7/7/86.]

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