Nuclear Waste Storage and Disposal

Miss. Code Ann. tit. 57, ch. 49
in effect

Miss. Code Ann. § 57-49-1 Transfer of duties of Mississippi Energy and Transportation Board to Department of Environmental Quality; creation of nuclear waste policy advisory council and nuclear waste technical review committee.

The purposes of this chapter are: To transfer to the Department of Environmental Quality the duties of the Mississippi Energy and Transportation Board with respect to nuclear-related activities within the state. To clarify the manner in which the Department of Environmental Quality shall perform its duty to develop, coordinate and review all nuclear-related activities in the state. In order to assist and advise the Department of Environmental Quality in the implementation of this duty, there is hereby created a nuclear waste policy advisory council and a nuclear waste technical review committee.

Miss. Code Ann. § 57-49-3 Definitions.

Unless the context otherwise requires, the words defined in this section shall have the following meaning when found in this chapter: “Department” and “board” shall mean the Department of Environmental Quality. “Committee” shall mean the nuclear waste technical review committee. “Concurrence” shall mean an incremental process involving an increase in public confidence and the development of a technical, social and political consensus that the nuclear waste management program can be accomplished with minimal risks to public health and safety and with acceptable socioeconomic costs. “Consultation” shall mean the sharing of information on planned nuclear waste programs and activities and the right of others to review, comment and offer recommendations on such activities. “Council” shall mean the nuclear waste policy advisory council. “Federal Department of Energy” shall mean the federal Department of Energy or any successor agency, including contractors or subcontractors thereto, which is assigned responsibility for the long-term or temporary storage or permanent disposal of high-level radioactive waste and transuranic waste. “High-level radioactive waste” shall mean (a) fuel that is withdrawn from a nuclear reactor after irradiation and which is packaged and prepared for storage and/or disposal, or highly radioactive waste resulting from reprocessing irradiated nuclear fuel, including both the liquid waste which is produced directly in reprocessing and any solid material into which the liquid waste is transformed, and which is packaged for storage and/or disposal; or (b) other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation. “Transuranic waste” shall mean waste material containing alpha-emitting radioactive elements having an atomic number greater than ninety-two (92) in concentrations greater than ten (10) nanocuries per gram. “Densely populated area” shall mean any area in which more than five hundred (500) people reside within a five-mile radius of the outer boundary of a proposed site of a permanent repository for the disposal of radioactive waste. “State-chartered public interest group” shall mean any nonprofit organization chartered by the state. No organization shall have a direct financial interest in the outcome of the decisions of the council, or be directly related to state or federal government, nor shall an electric utility corporation or its subsidiaries be included in said term.

Miss. Code Ann. § 57-49-5 General powers and duties of department.

The department shall serve as the initial agency in this state to be contacted by the federal department of energy or any other federal agency on any matter related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. The department shall serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal department of energy or any other federal agency on any matter related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. Notification of proposed plans include notification of proposals to conduct field work, on-site evaluation, on-site testing or any other related studies. The department shall disseminate or arrange with the federal department of energy or other federal agency to disseminate information received under subsection (2) of this section to the council, the committee, appropriate state agencies, appropriate local units of government and interested citizen groups. The department, in accordance with the recommendations and advice of the council and committee, shall respond to contacts made under subsection (1) of this section and information received under subsection (2) of this section if a response is appropriate. The department may consult with the council, the committee, and with appropriate state agencies and local units of government. The council and the committee shall prepare written comments for use by the department in preparing its response. The department, in consultation with the council and the committee, is authorized to promulgate all rules and regulations and to establish all procedures necessary to enable it to discharge its duties and powers under this chapter and to carry out the purposes and objectives of this chapter. This authority shall include, but shall not be limited to, the establishment of procedures regarding the issuance of any permits the department may require for any type of testing to be conducted in connection with evaluating and selecting a site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste.

Miss. Code Ann. § 57-49-7 Composition of nuclear waste policy advisory council; qualifications, appointment, terms of office and compensation of members; officers.

The Nuclear Waste Policy Advisory Council hereby created and hereinafter referred to as the “council” shall exercise the powers and duties and discharge the responsibilities enumerated herein. The council shall consist of the following members, each of whom shall be a qualified elector. Two (2) members shall be appointed by the Speaker of the House of Representatives from among the membership of the House; two (2) members shall be appointed by the Lieutenant Governor from among the membership of the Senate; four (4) members shall be appointed by the Governor or his designee, one (1) of whom shall be a member of the Governor’s staff, one (1) of whom shall be a member of a statewide, chartered, public interest group, one (1) of whom shall be a resident from the various counties, except Perry County, which comprise the Fifth Congressional District of the State of Mississippi as it exists on the date of the passage of this chapter and one (1) of whom shall be from Perry County at large; one (1) member who shall be the Executive Director of the Department of Environmental Quality or his designee; one (1) member who shall be the Attorney General or his staff designee and who shall serve in a nonvoting capacity; one (1) member shall be appointed by the Perry County Board of Supervisors from among the nongovernmental members of the general public legally residing in Perry County; and one (1) member shall be appointed by the Town of Richton Board of Aldermen from among the nongovernmental members of the general public legally residing in the Town of Richton, Perry County, Mississippi; one (1) member shall be appointed by the New Augusta Board of Aldermen from among the nongovernmental members of the general public legally residing in the Town of New Augusta, Perry County, Mississippi; one (1) member shall be appointed by the Beaumont Board of Aldermen from among the nongovernmental members of the general public legally residing in Beaumont, Perry County, Mississippi; and one (1) member shall be appointed by the board of supervisors of each county in the State of Mississippi wherein an operational commercial nuclear facility is located. A chairman and a secretary shall be elected annually from among the membership of the council. The members shall be appointed to serve terms of two (2) years. Vacancies in office shall be filled by appointment in the same manner as the original appointment to the position which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. The members of the council shall receive reimbursement for mileage and actual expenses incurred in the performance of their duties at the rate authorized by Section 25-3-41. Members of the council who are state employees shall be reimbursed for those expenses incurred which are authorized by Section 25-3-41. Provided that funding is available under Section 57-49-39, the members of the council shall receive per diem compensation at the rate authorized by Section 25-3-69 for each day spent in the actual discharge of their duties when attending a meeting of the council.

Miss. Code Ann. § 57-49-9 General duties of nuclear waste policy advisory council.

The responsibilities and duties of the council shall include, but not be limited to, the following: To recommend state nuclear waste policy to the board and advise the board on any matters relating to state nuclear waste policy, including matters to be addressed in memorandums of understanding and other agreements with the federal department of energy. To recommend legislative proposals related to nuclear waste for consideration by the state legislature. To review all data, plans, conclusions and other documents produced by the federal department of energy, which relate to any phase of high-level nuclear waste programs or activities. To hear and evaluate public comment and make recommendations based thereon to the board and the state legislature. To advise the board on socio-economic issues which impact on affected areas as a result of activities proposed or conducted under the authority of this chapter. To critically review and comment on any socio-economic impact statements, studies, or lack of such, and transportation risks and concerns.

Miss. Code Ann. § 57-49-11 Composition of nuclear waste technical review committee; qualifications, appointment, terms of office and compensation of members; officers.

The Nuclear Waste Technical Review Committee hereby created and hereinafter referred to as the “committee” shall exercise the powers and duties and discharge the responsibilities enumerated herein. The committee shall originally consist of eight (8) members, one (1) of whom shall be the Executive Director of the Department of Wildlife, Fisheries and Parks, one (1) of whom shall be Director of the Emergency Management Agency, one (1) of whom shall be the State Health Officer, one (1) of whom shall be the Commissioner of Higher Education, one (1) of whom shall be the Chairman of the Board of Trustees of State Institutions of Higher Learning, one (1) of whom shall be the Executive Director of the Department of Environmental Quality, one (1) of whom shall be the staff member responsible for the Nuclear Waste Program within the Department of Environmental Quality who shall serve as secretary in a nonvoting capacity, and one (1) of whom shall be the Executive Director of the Department of Economic Development. The chairman shall be elected from among the membership of the committee. Committee members shall be permitted to designate substitute or alternate members to act in their stead, should they be unable to assume the responsibility of serving on the committee. The committee, by a majority vote of its membership, may recommend to the chairman that additional appointments should be made to the committee from other state agencies and the chairman shall make such appointments. The members of the committee shall receive reimbursement for mileage and actual expenses incurred in the performance of their duties at the rate authorized by Section 25-3-41. Members of the committee who are state employees shall be reimbursed for those expenses incurred which are authorized by Section 25-3-41. Provided that funding is available under Section 57-49-39, the members of the committee shall receive per diem compensation at the rate authorized by Section 25-3-69 for each day spent in the actual discharge of their duties when attending a meeting of the committee.

Miss. Code Ann. § 57-49-13 General duties of nuclear waste technical review committee.

The responsibilities and duties of the committee shall include, but not be limited to, the following: To advise the Department of Environmental Quality on all technical matters related to high-level nuclear waste activities within the state. To assist and advise in formulating studies, plans and other implementations of the state nuclear waste program. To assist in the implementation of directives of the state nuclear waste program. To perform a critical review of all data and documents produced by the federal Department of Energy which related to any phase of high-level nuclear waste activities and submit comments on same to the Department of Environmental Quality. To provide technical information to the Attorney General of the State of Mississippi and the State Legislature which will assist their efforts to assure the health, safety, and welfare of the citizens of the State of Mississippi. To perform initial review of all applications for permits to conduct nuclear waste related activities within the state. Such review, to be completed within ninety (90) days, would determine if the application is in compliance with the requirements of this chapter. Upon completion of such review, the committee shall either: File the application with the Department of Environmental Quality for its consideration, and thereafter, the department will deny, grant, or grant with certain conditions, requirements and stipulations a permit to conduct the applied for nuclear waste activities; or Notify the applicant that the requirements of this chapter have not been met or satisfactorily completed and return the application for resubmittal. Such notification to applicants shall include a listing of deficiencies in complying with application procedures. Provided, however, the applicant may reapply by submitting the original application with amendments listing provisions which satisfy previous deficiencies in the application.

Miss. Code Ann. § 57-49-15 Advocacy for citizens before federal agencies.

The board, the council and the committee shall serve as advocates on behalf of the citizens of this state before the federal department of energy and other federal agencies on matters related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste.

Miss. Code Ann. § 57-49-17 Promotion and coordination of educational programs.

The board shall promote and coordinate educational programs which provide information on the nature of high-level radioactive waste and transuranic waste, the long-term or temporary storage and/or permanent disposal of these wastes, the activities of the board, the council and the committee, the activities of the federal Department of Energy and other federal agencies related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste.

Miss. Code Ann. § 57-49-19 Review of applications for funds for program related to nuclear waste storage or disposal; disposition.

The board, in consultation with the council and the committee, shall review any application to the federal department of energy, other federal agency, or contractor thereof, by a state agency, including the state institutions of higher learning, a local unit of government, or a regional planning and development district for funds for any program related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. If the board finds that the application is not consistent with the state’s nuclear waste policy or that the application is not in the best interests of the state, the board, in accordance with the council and the committee, shall forward its findings to the governor, the legislative committees on conservation and water resources in the house of representatives and on public health and welfare in the senate, and the federal agency to which the application for funds is being made. If the board finds that the application of a state agency is not consistent with the state’s nuclear waste policy or that the application of a state agency is not in the best interests of the state, the findings forwarded to the governor shall include a recommendation that the governor take action necessary to safeguard the interests of the state by stipulating certain conditions for the acceptance of the funds.

Miss. Code Ann. § 57-49-21 Monitoring of federal activities related to nuclear waste storage or disposal.

The board, through the council and the committee, shall monitor activity by Congress and the federal government related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste. The board, upon recommendation of the council, may advise the congressional delegation from this state of action which is necessary to protect the interests of the state.

Miss. Code Ann. § 57-49-23 Protection of state’s interest in nuclear waste storage or disposal matters through judicial proceedings.

In appropriate cases, the board upon recommendation of the council shall request the state Attorney General to institute or intervene in judicial proceedings to protect the state’s interests and present the state’s point of view on matters related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste.

Miss. Code Ann. § 57-49-25 Application for permit to conduct site characterization studies.

An application for a permit to conduct site characterization studies which shall be filed pursuant to this chapter shall contain the following information and materials: A description of the proposed activities, including maps, present and proposed development, and geological, seismic, ecological, hydrological, biological, aesthetic, social, demographic and related data as appropriate; A statement of the ownership and other financial interests in the facility; An estimate of the costs of the proposed activities, if any, and the source of the funds therefor; A statement of the need for the proposed activities, including the sources, type, and composition of the nuclear waste proposed to be received for storage at the facility; A plan for decontamination and decommissioning of the facility and the possibility of restoration of the site to unrestricted use, including the costs thereof and the source of the funds therefor; An assessment of the environmental impacts of the proposed action, including the preparation of a formal environment assessment, such assessment to include at a minimum: An evaluation by the secretary of the United States Department of Energy of the suitability of such site for site characterization pursuant to guidelines promulgated pursuant to Section 112(a) of P.L. 97-425; An evaluation of the short-term and long-term environmental effects and proposed mitigation measures proposed to minimize those effects; An evaluation of any adverse environmental effects which could not be avoided during the site characterization activities; An evaluation by the secretary as to whether such candidate site is suitable for development as a repository under each such guideline that does not require site characterization as a prerequisite for application of such guideline; An evaluation by the secretary of the effects of the site characterization activities at such candidate site on the public health and safety and the environment; A reasonable comparative evaluation by the secretary of such candidate site with other sites and locations that have been considered; A description of the decision process by which such candidate site was recommended; and An assessment of the regional and local impacts of locating the proposed repository at such candidate site. An assessment of the safety and adequacy of in-state transportation access to the site for construction and maintenance purposes; A disposal plan and assured funding mechanism for the nuclear waste proposed to be stored at the facility, including the costs of such disposal and the source of the funds therefor; and A complete survey by the applicant of its expertise and experience in all other fields of study in relation to high-level radioactive waste disposal, to include the general conclusions and technical results and findings of those activities.

Miss. Code Ann. § 57-49-27 Requirement of written agreement between state and federal department of energy prior to initiation of nuclear waste site characterization activities; briefing by federal officials; report by state officials.

Prior to the initiation of nuclear waste site characterization activities, the board shall require that a written agreement between the federal department of energy and the state shall be concluded in accordance with the provisions of Sections 57-49-29 through 57-49-33. At the completion of site characterization, including area characterization, and prior to the initiation of any subsequent phase of investigation, the federal department of energy shall prepare and administer an oral briefing for the board, the council, the committee, interested members of the state legislature and the governor’s office, collectively, in which a synopsis of the previously completed study phase is detailed. The briefing shall include, at a minimum, the significant findings of the study, including those findings which could possibly compromise the site(s) from being developed into a repository for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. Any noted deficiencies in the data base, interpretation thereof, conclusions thereto or recommendations therefrom, cited in writing by the technical community of the state or recorded in public hearings in the state, shall be addressed in the briefing. The methods by which those deficiencies were resolved or are to be addressed shall be identified by the department of energy during the briefing. The council and the committee shall determine the adequacy of resolution of the noted deficiencies and shall prepare a written report of their findings to the board. If the findings of the council and the committee and the recommendation of the board indicate inadequate identification of deficiencies and/or inadequate resolution of same, the board may recommend a conflict resolution procedure outlined in the agreement be initiated.

Miss. Code Ann. § 57-49-29 Negotiation with federal Department of Energy of agreements related to nuclear waste storage characterizations; hearings and approval of agreements.

The board shall serve as the agency in this state to negotiate written nuclear waste site characterization agreements and modifications and/or technical revisions to these agreements, with the federal Department of Energy on any matter related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. The board shall serve as the agency in this state to negotiate such written agreements and modifications and/or technical revisions to these agreements, with any federal agency other than the federal Department of Energy on any matter related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. The board shall consult with the council and the committee during the negotiation of any agreement or modification and/or technical revisions to an agreement executed under subsections (1) or (2) of this section. The council and the committee shall prepare such written comments on any agreement or draft agreement being negotiated by the board as is appropriate and needed. The board in concert with the council shall hold at least one (1) public hearing within the county or counties wherein the site is located on any proposed agreement or modification and/or technical revision to an agreement negotiated under subsection (1) or (2) of this section. The board shall issue thirty (30) days’ notice of the day and location of hearings conducted under this subsection. The board shall prepare a written summary of testimony presented at hearings conducted under this subsection and shall consider the need for modifications or technical revisions to the negotiated agreement as a result of the hearing(s). No agreement or modification and/or technical revision to an agreement negotiated under subsection (1) or (2) may take effect unless it is approved by a majority of the members of the board.

Miss. Code Ann. § 57-49-31 Negotiation with federal Department of Energy of agreements relating to different stages for evaluating and selecting site for nuclear waste storage or disposal; contents of agreements.

The board shall negotiate separate agreements with the federal Department of Energy concerning different stages of the process of evaluating and selecting a site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. The board shall negotiate a separate agreement with the federal Department of Energy for the final states of the selection of any site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. Any agreement negotiated by the board with the federal Department of Energy under Section 57-49-29 shall include, but not be limited to: A specification of those procedures: By which the state may study, determine, comment on, and make recommendations with regard to the possible public health and safety, environmental, social, and economic impacts of any such facility for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste; By which the secretary of energy shall consider and respond to comments and recommendations made by the state, including the period in which the secretary shall so respond; By which the secretary of energy and the state may review and/or modify the agreement periodically; By which the state is to submit an impact report and request for impact assistance; By which the secretary of energy shall assist the state and the units of general local government in the vicinity of the site under consideration for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste, in resolving the offsite concerns of the state and units of general local government, including, but not limited to, questions of state liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of high-level radioactive waste and spent nuclear fuel through the state, conduct of baseline health studies of inhabitants in neighboring communities near the site and reasonable periodic monitoring thereafter, and monitoring of said site upon any decommissioning and decontamination; By which the secretary of energy shall consult and cooperate with the state on a regular, ongoing basis and provide for an orderly process and timely schedule for state review and evaluation, including identification in the agreement of key events, milestones, and decision points in the activities of the secretary of energy at the potential site; By which the secretary of energy shall notify the state prior to the transportation of any high-level radioactive waste and spent nuclear fuel into or through the state; By which the state may conduct reasonable independent monitoring and testing of activities on the site, except that such monitoring and testing shall not unreasonably interfere with or delay onsite activities; For sharing, in accordance with applicable law, of all technical and licensing information, the utilization of available expertise, the facilitating of permit procedures, joint project review, and the formulation of joint surveillance and monitoring arrangements to carry out applicable federal and state laws; For public notification of the procedures specified under the preceding subparagraphs; and For resolving objections of the state at any state of the planning, siting and development of any facility for the long-term or temporary storage or permanent disposal of high-level radioactive waste or transuranic waste within the state. The criteria that the federal Department of Energy shall use in evaluating the suitability of any site in the state for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste; A requirement that the federal Department of Energy shall comply with all federal laws, state laws and local ordinances and shall respect state sovereignty consistent with the United States Constitution and the Tenth Amendment, regardless of the ownership of the land on which the activity takes place; A requirement that the federal Department of Energy and any of its contractors or subcontractors shall provide the board with all reports and documents the board requests and any other relevant reports and documents in a timely manner and in accordance with any applicable law, regulation or rule. The requirement shall specify that the federal Department of Energy may not charge a fee for searching for or for supplying reports and documents requested by the board. The requirement shall specify that the federal Department of Energy shall provide the board with all reports and documents the board requests and any other relevant reports and documents from contractors and subcontractors after the reports and documents are submitted to the federal Department of Energy regardless of whether the reports and documents have received the final approval of the department of energy; A requirement that, upon request by the board, the federal Department of Energy shall provide the data, methods and underlying assumptions used in the preparation of reports and documents in accordance with any applicable law, regulation or rule; A requirement that the federal Department of Energy shall notify the board of any grants related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste from the federal Department of Energy to any person in this state; A requirement that the federal Department of Energy shall notify the board in a timely manner of any proposed field work, on-site evaluation, on-site testing or similar activities it or any contractor or subcontractor intends to conduct and a requirement that the federal Department of Energy shall allow the board to monitor these activities by any appropriate means; A requirement that the federal Department of Energy shall provide the board in a timely manner with a copy of any requests for proposals and final contracts issued by the federal Department of Energy relating to the evaluation, selection or construction of a site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste in this state; A provision that the federal Department of Energy shall agree to provide funds to be used to provide educational programs as set forth in Section 117 of P.L. 97-425, and to review the activities of the federal Department of Energy and its contractors and subcontractors which relate to assessing the suitability of the site(s) for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste; A requirement that the federal Department of Energy and the board shall identify impacts associated with studies related to the characterization of an area or site(s) for its potential as a repository or the impacts associated with the development of a site as a repository for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste and that the federal Department of Energy will provide a mechanism to mitigate those impacts; A requirement that if the federal Department of Energy selects a site in the state for construction of a repository for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste, the federal Department of Energy shall prepare, prior to submission of an application to license or construct the repository, a repository plan which shall include descriptions of the federal Department of Energy’s plans for construction of the repository, transportation of wastes to the repository, operation of the repository, closing of the repository and monitoring the repository after closure; A requirement that the location of any site for the long-term or temporary storage and/or permanent disposal of high-level radioactive or transuranic waste shall not be in a highly populated area. Any agreement negotiated by the board with the federal Department of Energy under Section 57-49-29 shall include a provision which acknowledges the authority of the Governor or the Legislature to object to the selection of a site within this state for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste. Any agreement negotiated by the board with the federal Department of Energy shall be in compliance with the requirements or standards prescribed in this section.

Miss. Code Ann. § 57-49-33 Agreements and summaries of local hearings to be submitted to Governor.

The board shall submit any written agreement or modification or technical revision to an agreement negotiated under Section 57-49-29, and approved by the board and approved by the federal Department of Energy or other federal agency, to the governor, through the council. The board shall submit with the agreement, modification or technical revision a written summary of the hearings held under Section 57-49-29.

Miss. Code Ann. § 57-49-35 Review of adequacy of federal Department of Energy site selection and plan; recommendations by board; decision by governor.

If the federal Department of Energy selects a site in the state for construction of a repository for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste, the board shall review the adequacy of the selected site and of the site plan prepared by the federal Department of Energy pursuant to Section 57-49-31(2)(k). The review shall include a full scientific review of the adequacy of the selected site and the site plan. The board shall solicit written comments on the selected site and the site plan from the council and the committee. The board may utilize recognized experts in conducting its scientific review. The board shall conduct at least one (1) public hearing in the affected county on the site plan and shall make available to the public arguments and evidence for and against the site plan. The board shall provide ten (10) days’ notice of the date and location(s) of the public hearing(s). The board shall solicit comments from appropriate state agencies, local units of government, and interested citizen groups on the adequacy of the selected site and the site plan. The board shall make these comments available to the public. After completing this review, the board shall submit a recommendation, complete with supporting reasons for the recommendation, to the speaker of the house of representatives, the lieutenant governor and the Governor on the issue of whether the state should accept the site and site plan selected by the federal Department of Energy. The Governor and/or members of the Legislature, after review of the recommendation and findings of the board, may confer with the board, council, committee, representatives of state agencies, institutions of higher learning and/or representatives of the affected county or locality. The Governor shall thereafter determine the advisability of such facility at the proposed site. If the Governor’s decision, after such consultations, is not favorable to the establishment of the nuclear waste disposal site, he shall notify the Legislature of that decision and either the Governor or the Legislature shall prepare and transmit to the speaker of the United States House of Representatives and the president pro tempore of the United States Senate a notice of disapproval of the site recommendation. The notice of disapproval shall contain a statement of those reasons for objection to the site recommendation. All such disposal or storage shall be made in strict adherence to guidelines established by the federal government, the division of radiological health of the state Board of Health, the Mississippi Emergency Management Agency and the provisions of this section.

Miss. Code Ann. § 57-49-37 Implementation of agreements, modifications and technical revisions.

The board, in consultation with the committee and council, shall implement all agreements, modifications and technical revisions approved pursuant to this chapter. In doing so, the board may solicit the views of appropriate state agencies, local units of government, and interested citizen groups.

Miss. Code Ann. § 57-49-39 Funding of expenses.

The board shall attempt to finance all of its expenses from monies received from the federal Department of Energy and other federal agencies and from gifts and grants received from other persons. Expenses of the council and committee members to attend meetings shall be reimbursed by the board from these funds at the rates set forth in Sections 57-49-7 and 57-49-11.

Miss. Code Ann. § 57-49-41 Assistance from other state agencies.

The board shall rely on the expertise of staff in other state agencies to assist the board in its duties whenever possible and these other state agencies shall assist the board as much as possible in fulfilling its duties.

Miss. Code Ann. § 57-49-43 Construction of chapter.

Nothing in this chapter shall be interpreted by the federal government or the federal Department of Energy as an expression by the people of this state to accept the establishment of a site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste.

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