Title 31, Chapter 13, Section 7
( 31-13-7)
(a) No person shall construct or operate a site or other facility
for the concentration, storage, or burial of radioactive waste
without first securing a permit for such construction or operation
from the director of the Environmental Protection Division of the
Department of Natural Resources. The director, under the conditions
he prescribes, may require the submission of such plans,
specifications, and other information as he deems relevant in
connection with the issuance of such permit. The director may issue
a permit for the construction or operation of such a site or other
facility upon a determination that the construction or operation
would be consistent with the purposes and stated policy of this
chapter. Any permit which may be issued by the director shall
specify the conditions under which the site or facility shall be
operated. The director, in specifying such conditions, shall have
the power and authority to require a permittee to establish and
maintain records; to make reports; to install, maintain, and use
monitoring equipment or methods including, but not limited to,
biological monitoring methods or emission and ambient monitoring
devices; to sample any emission or discharge in accordance with such
methods, at such locations, at such intervals, and in such manner as
the director shall prescribe; and to provide such other information
as he may reasonably require. Any permit issued shall be subject to
periodic review; and the director may revoke or modify any permit if
the holder fails to comply with any conditions thereof. The director
is authorized to adopt, modify, repeal, and promulgate, after due
notice and public hearing held in accordance with and established
pursuant to Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act," rules and regulations not inconsistent with this
Code section, for purposes of administering this Code section. (b) The director may require the posting of a bond by the proposed
permittee or operator, payable to the state, as a condition of any
permit, in order to assure the availability of funds to the state in
the event of abandonment, insolvency, or other inability of a
permittee to meet the requirements of the Environmental Protection
Division of the Department of Natural Resources for the safe
collection and disposition of sources of ionizing radiation in the
event of an accident, discontinuance of operation, or any
circumstance which results in a potential radiation hazard at a site
or facility for the concentration, storage, or burial of radioactive
waste, which site is occupied by the permittee or was formerly under
its possession, ownership, or control. The Environmental Protection
Division of the Department of Natural Resources is authorized to
establish, by rule or regulation, the bonding requirements of
permittees by range of monetary amounts. In establishing such
requirements, the director of the Environmental Protection Division
shall give due consideration to the probable extent of
contamination, the amount of possible property damage, the costs of
removal and disposal of sources of radiation used by the permittee,
and the costs of reclamation of the property in the event of
abandonment, insolvency, or other inability of the permittee to
perform such services to the satisfaction of the director. The
director shall have authority upon finding that conditions under
this Code section have not been met or when he determines that an
imminent hazard to the public health and welfare exists to require
forfeiture of bond and use the money therefrom to take any action
deemed necessary to protect the public health and welfare. A
permittee who abandons a site or facility without taking the
required actions to meet the requirements of the director of the
Environmental Protection Division of the Department of Natural
Resources shall be guilty of a misdemeanor. Any bonding or financial
protection requirements established by the director pursuant to this
Code section shall not apply to the state, or any agency of the
state, or to the storage of spent fuel possessed under 10 CFR Part
50 or Part 70, which fuel was generated at an electric generating
utilization facility and which is stored at such utilization
facility in facilities licensed under 10 CFR Part 50 or at another
such in-state utilization facility in facilities licensed under 10
CFR Part 50. |