Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 453-S.F.No. 1258
           An act relating to the environment; requiring an 
          agreement between the state and federal government 
          prior to test drilling of geologic structures for 
          disposal of high level radioactive waste and 
          notification of results; regulating transportation of 
          high level radioactive waste in the state; providing 
          penalties; amending Minnesota Statutes 1982, sections 
          116C.71, subdivision 1, and by adding subdivisions; 
          and 116C.74; proposing new law coded in Minnesota 
          Statutes, chapter 116C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [116C.705] [FINDINGS.] 
    The legislature finds that the disposal and transportation 
of high level radioactive waste is of vital concern to the 
health, safety, and welfare of the people of Minnesota, and to 
the economic and environmental resources of Minnesota.  To 
ensure the health, safety, and welfare of the people, and to 
protect the air, land, water, and other natural resources in the 
state from pollution, impairment, or destruction, it is 
necessary for the state to regulate and control, under the laws 
of the United States, the exploration for high level radioactive 
waste disposal within the state of Minnesota.  It is the intent 
of the legislature to exercise all legal authority for the 
purpose of regulating the disposal and transportation of high 
level radioactive waste.  
    Sec. 2.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 10.  [AREA CHARACTERIZATION PLAN.] "Area 
characterization plan" means the official plan prepared by the 
department of energy for a specific geographic area outlining 
the proposed laboratory or field activities to be undertaken to 
establish the geologic, environmental, social, and economic 
characteristics of the area.  
    Sec. 3.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 11.  [AREA RECOMMENDATION REPORT.] "Area 
recommendation report" means the official report prepared by the 
department of energy identifying specific geographic areas 
within a state for further evaluation as a repository for 
radioactive waste.  
    Sec. 4.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 12.  [BOARD.] "Board" means the Minnesota 
environmental quality board.  
    Sec. 5.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 13.  [CHAIRMAN.] "Chairman" means chairman of the 
board.  
    Sec. 6.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 14.  [CONSULTATION AND COOPERATION AGREEMENT.] 
"Consultation and cooperation agreement" means the formal 
agreement, as defined in the Nuclear Waste Policy Act, United 
States Code, title 42, section 10137(c), between a state and the 
federal government setting forth procedures for information 
exchanges, state consultation, and other matters related to 
repository siting and construction.  
    Sec. 7.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 15.  [DEPARTMENT OF ENERGY.] "Department of energy" 
means the United States department of energy.  
    Sec. 8.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 16.  [DISPOSE, DISPOSAL.] "Dispose" or "disposal" 
means the permanent or temporary placement of high level 
radioactive waste at a site within the state other than a point 
of generation.  
    Sec. 9.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 17.  [HIGH LEVEL RADIOACTIVE WASTE.] "High level 
radioactive waste" means:  
    (1) irradiated reactor fuel;  
    (2) liquid wastes resulting from reprocessing irradiated 
reactor fuel;  
    (3) solids into which the liquid wastes have been converted;
    (4) transuranic wastes, meaning any radioactive waste 
containing alpha emitting transuranic elements that is not 
acceptable for near-surface disposal as defined in the Code of 
Federal Regulations, title 10, section 61.55;  
    (5) any other highly radioactive materials that the nuclear 
regulatory commission or department of energy determines by law 
to require permanent isolation; or 
    (6) any byproduct material as defined in section 11e (2) of 
the Atomic Energy Act of 1954, United States Code, title 42, 
section 2014, as amended.  
    Sec. 10.  Minnesota Statutes 1982, section 116C.71, is 
amended by adding a subdivision to read: 
    Subd. 18.  [POTENTIALLY IMPACTED AREA.] "Potentially 
impacted area" means the area designated or described in a draft 
or final area recommendation report or area characterization 
plan for study or consideration.  
    Sec. 11.  [116C.721] [PUBLIC PARTICIPATION.] 
    Subdivision 1.  [INFORMATION MEETINGS.] The board shall 
conduct public information meetings within an area designated in 
a draft area recommendation report, final area recommendation 
report, draft area characterization plan, or final area 
characterization plan.  Information meetings shall be held 
within 30 days after the board receives each of the reports.  
    Subd. 2.  [NOTICE.] The board shall notify the public of 
information meetings and the availability of the area 
recommendation reports and the area characterization plans. 
Copies of the reports shall be made available for public review 
and distribution at the board office, the Minnesota geological 
survey office, regional development commission offices in 
regions that include a part of the potentially impacted areas, 
county courthouses in counties that include a part of a 
potentially impacted area, and other appropriate places 
determined by the board to provide public accessibility.  
    Subd. 3.  [TRANSMITTAL OF PUBLIC CONCERNS.] The board shall 
transmit public concerns expressed at public information 
meetings to the department of energy.  
    Sec. 12.  [116C.722] [LEGAL AND TECHNICAL ASSISTANCE TO 
INDIAN TRIBES.] 
     If an Indian tribal council that has jurisdiction over part 
of a potentially impacted area within the state requests legal 
or technical assistance, the board shall provide assistance.  
    Sec. 13.  [116C.723] [DISPOSAL STUDIES.] 
    Unless the state has executed a consultation and 
cooperation agreement, a person may not make a study or test of 
a specific area or site related to disposal including an 
exploratory drilling, a land survey, an aerial mapping, a field 
mapping, a waste suitability study, or other surface or 
subsurface geologic, hydrologic, or environmental testing or 
mapping.  
    Sec. 14.  [116C.724] [CONSULTATION AND COOPERATION 
AGREEMENT.] 
    Subdivision 1.  [REQUIREMENT.] Upon notice from the 
department of energy that Minnesota contains a potentially 
impacted area, the board shall negotiate a consultation and 
cooperation agreement with the federal government.  
    Subd. 2.  [CONDITIONS.] (a) The consultation and 
cooperation agreement shall include but not be limited to the 
conditions specified in this subdivision.  
    (b) A permit shall be required for all geologic and 
hydrologic drilling.  Conditions of obtaining and retaining the 
permit shall require:  
    (1) compliance with state drilling and drill hole 
restoration regulations as an exploratory boring under chapter 
156A;  
    (2) proof that access to the test site has been obtained by 
a negotiated agreement or other legal process;  
    (3) the permittee to pay a fee covering the costs of 
processing and monitoring drilling activities;  
    (4) unrestricted access by the commissioner of health, the 
commissioner of natural resources, the director of the pollution 
control agency, the director of the Minnesota geological survey, 
the county health officer, and their employees and agents to the 
drilling sites to inspect and monitor the drill holes, drilling 
operations, and abandoned sites, and to sample air and water 
that may be affected by drilling; 
    (5) submission of splits or portions of a core sample, 
requested by the commissioner of natural resources or director 
of the Minnesota geological survey, except that the commissioner 
or director may accept certified data on the sample in lieu of a 
sample if certain samples are required in their entirety by the 
permittee; and 
    (6) that a sample submitted may become property of the 
state.  
    (c) A person who conducts geologic, hydrologic, or 
geophysical testing or studies shall provide unrestricted access 
to both raw and interpretive data to the chairman and the 
director of the Minnesota geological survey or their designated 
representatives.  The raw and interpretive data includes core 
samples, well logs, water samples and chemical analyses, survey 
charts and graphs, and predecisional reports.  Studies and data 
shall be made available within 90 days of a formal request by 
the chairman.  
    (d) A person proposing to investigate shall hold at least 
one public meeting before a required permit is issued, and 
during the investigation at least once every six months, within 
the potentially impacted area.  The meetings shall provide the 
public with current information on progress of the 
investigation.  The person investigating shall respond in 
writing to the board about concerns and issues raised at the 
public meetings.  
    (e) Before a person engages in negotiations regarding 
property interests in land or water, or permitting activities, 
the person shall notify the chairman in writing.  Copies of 
terms and agreements shall also be provided to the chairman.  
    Sec. 15.  [116C.731] [TRANSPORTATION OF HIGH LEVEL 
RADIOACTIVE WASTE.] 
    Subdivision 1.  [NOTIFICATION.] Before a shipment of high 
level radioactive waste is transported in the state, the shipper 
shall notify the commissioner of public safety.  The notice 
shall include the route, date, and time of the shipment in 
addition to information required under Code of Federal 
Regulations, title 10, sections 71.5a and 73.37(f).  
     Subd. 2.  [HIGHWAY ROUTE DETERMINATION.] Pursuant to Code 
of Federal Regulations, title 49, part 177, the commissioner may 
require preferred routes, dates, or times for transporting high 
level radioactive waste if the commissioner determines, in 
accordance with United States Department of Transportation 
"Guidelines for Selecting Preferred Highway Routes for Large 
Quantity Shipments of Radioactive Materials," that alternatives 
are safer than those proposed.  On an annual basis the 
commissioner shall review federally approved highway routes for 
transporting high level radioactive waste in the state and 
select new state-designated routes in accordance with Code of 
Federal Regulations, title 49, part 177, if safety 
considerations indicate the alternate routes would be 
preferable.  The state does not incur any liability by requiring 
the alternate routes, dates, or times to be used.  
    Subd. 3.  [TRANSPORTATION FEE.] A person who intends to 
transport high level radioactive waste shall submit a 
transportation fee to the commissioner of public safety in the 
amount of $1,000 for each vehicle carrying high level 
radioactive waste in each shipment with the information required 
in subdivision 1.  The fees shall be deposited by the 
commissioner into the general fund.  
    Subd. 4.  [EMERGENCY RESPONSE PLAN.] The commissioner of 
public safety shall consult with the commissioners of health and 
transportation, the director of the pollution control agency, 
and representatives of the federal nuclear regulatory 
commission, the federal emergency management agency, and the 
United States department of transportation and before December 
1, 1984, shall prepare a plan for emergency response to a high 
level radioactive waste transportation accident, including plans 
for evacuation and cleanup.  The commissioner of public safety 
shall report by January 1 of each year to the legislature on the 
status of the plan and the ability of the state to respond 
adequately to an accident.  
    Subd. 5.  [APPLICABILITY.] This section does not apply to 
radioactive materials shipped by or for the United States 
government for military, national security, or national defense 
purposes.  This section does not require disclosure of defense 
information or restricted data as defined in the Atomic Energy 
Act of 1954, United States Code, title 42, section 2014, as 
amended.  
    Sec. 16.  Minnesota Statutes 1982, section 116C.74, is 
amended to read: 
    116C.74 [PENALTIES.] 
    Subdivision 1.  [PENALTIES.] Any person who violates 
section 116C.72 or who causes radioactive wastes to be shipped 
in violation of section 116C.73 shall be guilty of a gross 
misdemeanor and subject to a fine of not more than $10,000 or a 
sentence of imprisonment of not more than one year, or both. 
    Subd. 2.  [VIOLATIONS; PENALTIES.] (a) A person who 
violates section 13, 14, or 15 is:  
    (1) guilty of a misdemeanor and is subject to a fine of not 
more than $10,000; and 
    (2) subject to a civil penalty of not more than $10,000 for 
each day of violation, payable to the state, and may be ordered 
by the court to pay to the state an additional sum as 
compensation for cleanup and for pollution, destruction, or 
impairment of the environment, including but not limited to 
contamination of water supplies or water aquifers.  
    (b) A violation of section 13, 14, or 15 may be enjoined as 
provided by law in an action in the name of the state brought by 
the attorney general.  
    (c) This subdivision does not limit other remedies 
otherwise available to either the state or private parties for 
violations of section 13, 14, or 15.  
    Sec. 17.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 24, 1984