70.105E.080 - Exemptions: Naval reactor disposal at Hanford -- Low-level waste compact.

Exemptions: Naval reactor disposal at Hanford — Low-level waste compact.

(1) Intent. The state of Washington has previously permitted, and committed to assist in the national need for, disposal of sealed nuclear reactor vessels and compartments from submarines and other vessels of the United States navy; and to operate a regional disposal site for low-level waste with no hazardous waste pursuant to an interstate compact. The United States navy reactor vessels or compartments are sealed in a manner estimated to prevent release of hazardous or radioactive wastes for hundreds of years, exceeding the performance of a liner system while disposal trenches are operating. Therefore, the state of Washington accepts the burden and risks of continued disposal of retired United States navy reactor vessels and low-level waste pursuant to the compact, recognizing that this disposal will cause future impacts to the soil, environment, and groundwater.

     (2) Nothing in chapter 1, Laws of 2005 shall affect existing permits for, or in any manner prohibit, the storage or disposal of sealed nuclear reactor vessels or compartments from retired United States navy submarines or surface ships at the existing disposal facility at Hanford, or affect existing permits for the operation of any facility by the federal government at which United States navy reactors are decommissioned or refueled.

     (3) Obligations of the state pursuant to the Northwest interstate compact on low-level radioactive waste management and agreements made by the compact shall not be interfered with or affected by any provision of chapter 1, Laws of 2005. If hazardous or mixed wastes have been disposed or released at any facility operated pursuant to the compact, the relevant provisions of this chapter apply.

[2005 c 1 § 8 (Initiative Measure No. 297, approved November 2, 2004).]

Notes: Reviser's note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al., U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).