Sec. 1. 38 MRSA c. 13-D is enacted to read:

CHAPTER 13-D

NUCLEAR POWER PLANT DECOMMISSIONING WASTE

§1391.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Closed nuclear power plant.__"Closed nuclear power plant" means a nuclear fission thermal power plant that has ceased to generate electricity and is permanently retired from active service.

2.__Decommissioning materials.__"Decommissioning materials" means any materials, whether solid or fluid, removed from a closed nuclear power plant, other than licensed discharges from the plant.

3.__Dispose of.__"Dispose of" means to deposit or attempt to deposit in the land or waters of this State.

§1392.__Prohibition

A person may not dispose of decommissioning materials without a permit issued by the department pursuant to this chapter.

§1393.__Permit; fee; rules

An application for a permit to dispose of decommissioning materials must be on a form designated by the department.__The application must specify the materials that the applicant seeks to dispose of and the location where the applicant proposes to dispose of these materials.__When an application for a permit under this section is received by the department, the department shall notify the municipality in which the proposed disposal site is located.__A permit may not be issued for the disposal of decommissioning materials if the department determines that the materials pose a threat to the public health, safety or welfare.

The department may adopt rules implementing this section that establish standards consistent with this section for the issuance of permits and that establish a fee for the processing of permit applications.__Any fee established by rule must be sufficient to recover all costs of administering, monitoring compliance with and enforcing the provisions of this chapter.