43.200.200 - Review of potential damage -- Financial assurance. - Washington Statutes

Review of potential damage — Financial assurance.

(1) The director of the department of ecology shall periodically review the potential for bodily injury and property damage arising from the transportation and disposal of commercial low-level radioactive waste under permits issued by the state.

     (2) The director may require permit holders to demonstrate financial assurance in an amount that is adequate to protect the state and its citizens from all claims, suits, losses, damages, or expenses on account of injuries to persons and property damage arising or growing out of the transportation or disposal of commercial low-level radioactive waste. The financial assurance may be in the form of insurance, cash deposits, surety bonds, corporate guarantees, and other acceptable instruments or guarantees determined by the director to be acceptable evidence of financial assurance.

     (3) In making the determination of the appropriate level of financial assurance, the director shall consider:

     (a) The nature and purpose of the activity and its potential for injury and damages to or claims against the state and its citizens;

     (b) The current and cumulative manifested volume and radioactivity of waste being packaged, transported, buried, or otherwise handled;

     (c) The location where the waste is being packaged, transported, buried, or otherwise handled, including the proximity to the general public and geographic features such as geology and hydrology, if relevant; and

     (d) The legal defense cost, if any, that will be paid from the required financial assurance amount.

     (4) The director may establish different levels of required financial assurance for various classes of permit holders.

     (5) The director shall establish by rule the instruments or mechanisms by which a permit applicant or holder may demonstrate financial assurance as required by RCW 43.200.210.

[1998 c 245 § 83; 1992 c 61 § 1; 1990 c 82 § 1; 1986 c 191 § 1.]