345 CMR 3.41 - Execution of Comprehensive Operating Contract

(1) Upon issuance of a facility license, the Board, after consultation with the Community Supervisory Committee of each site community, and the operator shall negotiate a comprehensive operating contract. Such contract shall, at a minimum:

(a) set forth, consistent with the management plan, the rights and responsibilities of each party with respect to the facility.

(b) specify that site, affected and neighboring communities are third party beneficiaries.

(c) specify the terms on which the superior site is to be leased to the operator.

(d) set forth design and performance specifications for the facility.

(e) establish the right of the Board to supervise all aspects of the development, operation, closure and post-closure observation and maintenance of the facility.

(f) set the conditions that must be satisfied prior to transfer of the facility license to the Board.

(g) provide that the Board may modify or terminate the contract if it determines that a change in the ownership or control, or in the directors or officers of the operator, or a change in any of its major subcontractors may adversely affect the safe development, operation, closure or post-closure observation and maintenance of the facility.

(h) provide that the operator shall abide by all covenants proposed to be made to each site, neighboring and affected community in the operator's proposal or in any written statements subsequently submitted.

(i) provide that the Board shall abide by any additional covenants undertaken for the benefit of site, neighboring or affected communities which it deems necessary and appropriate.

(j) provide that the operator shall annually pay to each site community, during the period commencing with the issuance of a facility license and ending with the transfer of such license to the Board, a sum equal to the amount due to such community in real property taxes.

(k) provide that:

1. the operator shall annually pay to the site community during the period of the facility's operation, a sum equal to 4% of the annual gross operating receipts of the facility.

a. except during the first year of the facility's operation, if the facility accepts less than 100,000 cubic feet of waste in any calendar year, the sum to be paid to the site communities pursuant to 345 CMR 3.41 shall not be less than $240,000.

b. except during the first year of the facility's operation, if the facility accepts 100,000 cubic feet or more, but less than 200,000 cubic feet of waste in any calendar year, the sum to be paid to the site communities pursuant to 345 CMR 3.41 shall not be less than $320,000.

c. except during the first year of the facility's operation, if the facility accepts 200,000 cubic feet or more of waste in any calendar year, the sum to be paid to the site communities pursuant to 345 CMR 3.41 shall not be less than $400,000.

d. during the first calendar year of the facility's operation, the minimum sum to be paid to the site communities shall be prorated in accordance with a schedule set forth in the comprehensive operating contract.

2. in addition to any other amounts to be paid, the operator shall pay $150,000 per year, pro rata, to the site community during the period commencing with the opening of the facility and ending five years after the issuance of a facility license.

3. if a facility is located in more than one community, any community compensation to be provided for site communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community's population residing within three miles of the outermost boundaries of the facility bears to the total population of site communities within such areas.

(l) provide that:

1. the operator shall annually pay to neighboring communities during the period of the facility's operation, a sum equal to 1% of the annual gross operating receipts of the facility.

a. except during the first year of the facility's operation, if the facility accepts less than 100,000 cubic feet of waste in any calendar year, the sum to be paid to neighboring communities pursuant to 345 CMR 3.41 shall not be less than $60,000.

b. except during the first year of the facility's operation, if the facility accepts 100,000 cubic feet or more, but less than 200,000 cubic feet of waste in any calendar year, the sum to be paid to neighboring communities pursuant to 345 CMR 3.41 shall not be less than $80,000.

c. except during the first year of the facility's operation, if the facility accepts 200,000 cubic feet or more of waste in any calendar year, the sum to be paid to neighboring communities pursuant to 345 CMR 3.41 shall not be less than $100,000.

d. during the first calendar year of the facility's operation, the minimum sum to be paid to neighboring communities shall be prorated in accordance with a schedule set forth in the comprehensive operating contract.

2. the community compensation to be provided for neighboring communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community's population residing within three miles of the outermost boundaries of the facility bears to the total population of such communities within such

area. If the facility has no neighboring communities, such community compensation shall be divided among the site communities in accordance with the formula established in 345 CMR 3.41.

(m) provide that the operator shall collect a surcharge, established by the Board, for the

Low-Level Radioactive Waste Trust Fund, and within 30 days remit the amounts collected, together with any interest accrued thereon, to the State Treasurer.

(2) The Board and the operator shall execute such contract upon the availability of funds necessary to ensure that the Board can satisfy the community compensation responsibilities thereunder.

Notes

345 CMR 3.41