AN ACT Relating to low-level radioactive waste disposal; amending RCW 70.98.030; and adding new sections to chapter 70.98 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The department may institute a user permit system and issue site use permits consistent with the requirements of WAC 402-19-530 for generators, packagers, or brokers using the Hanford, Washington low-level radioactive waste facility. The department shall adopt regulations consistent with Executive Order 79-09, Washington State Register 79-12-042.

(2) The costs of administering the user permit system shall be borne by the applicants for site use permits.

NEW SECTION. Sec. 2. (1) The secretary shall require a third-party inspection of the low-level radioactive waste shipped to Hanford by out-of-state generators, packagers and brokers. The inspection shall be performed out-of-state, at the site of the generator, packager or broker, prior to its shipment to Hanford: PROVIDED, That nothing in this section shall affect the parties, regulatory practices and contracts previously established under RCW 43.145.010 and the Northwest Interstate Compact On Low Level Radioactive Waste management. The determination of who will perform the inspection shall be made by the secretary on a bid basis. This third party inspection is in addition to any other inspections otherwise required by law.

(2) The costs of the third party inspection shall be borne by the generator, packager, or broker being inspected.

(3) The department shall adopt rules to administer and enforce this section.

Sec. 3. Section 3, chapter 207, Laws of 1961 as last amended by section 9, chapter 19, Laws of 1983 1st ex. sess. and RCW 70.98.030 are each amended to read as follows:

(1) "Broker" means, for the purpose of this chapter, any person, who acts as an agency or intermediary for a generator or packager or another person, but does not include a carrier whose sole function is to transport low-level waste, a generator or packager of low-level waste, or a low-level-radioactive waste disposal site operator.

(2) "Byproduct material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

((~~(2)~~)) (3) "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or subatomic particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.

((~~(3)~~)) (4) (a) "General license" means a license effective pursuant to regulations promulgated by the state radiation control agency, without the filing of an application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing, byproduct, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.

(b) "Specific license" means a license, issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing byproduct, source, special nuclear materials, or other radioactive materials occurring naturally or produced artificially.

(5) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste.

(6) "Packager" is a person, firm, or corporation that packages commercial low-level radioactive waste for disposal at the Hanford, Washington facility.

((~~(4)~~)) (7) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto.

((~~(5)~~)) (8) "Source material" means (a) uranium, thorium, or any other material which is determined by the United States Nuclear Regulatory Commission or its successor pursuant to the provisions of section 61 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 209) to be source material; or (b) ores containing one or more of the foregoing materials, in such concentration as the commission may by regulation determine from time to time.

(9) "Site use permit" means the permit issued before disposal of low-level radioactive waste at a burial site is permitted and is issued in accordance with WAC 402-19-530.

((~~(6)~~)) (10) "Special nuclear material" means (a) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the United States Nuclear Regulatory Commission or its successor, pursuant to the provisions of section 51 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2071), determines to be special nuclear material, but does not include source material; or (b) any material artificially enriched by any of the foregoing, but does not include source material.

((~~(7)~~)) (11) "Registration" means registration with the state department of social and health services by any person possessing a source of ionizing radiation in accordance with rules, regulations and standards adopted by the department of social and health services.

((~~(8)~~)) (12) "Radiation source" means any type of device or substance which is capable of producing or emitting ionizing radiation.

NEW SECTION. Sec. 4. Sections 1 and 2 of this act are are each added to chapter 70.98 RCW.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.