NAC459.947. Periodic determination of whether disposal charges are reasonable.

     1. The Division will, at least once every 2 years during the first calendar quarter of each even-numbered year, compare the disposal charges for the burial of waste at all existing commercial waste disposal areas in the United States.

     2. If the disposal charges at the state-owned disposal area do not exceed the average of the disposal charges of the existing commercial waste disposal areas in the United States by more than 10 percent, the Division will:

     (a) Find that the disposal charges for the state-owned disposal site are reasonable; and

     (b) Submit the results of the comparison of disposal charges to the Rocky Mountain Low-Level Radioactive Waste Board for review and approval, as may be required by law.

     3. If the disposal charges at the state-owned disposal area exceed the average of the disposal charges at the existing commercial waste disposal areas in the United States by more than 10 percent, the Division will:

     (a) Conduct a public hearing to receive evidence and testimony concerning the reasonableness of the disposal charges;

     (b) Review the financial records of the operator of the state-owned disposal area concerning the operation of the disposal area and any of its related operations;

     (c) Make a finding concerning the reasonableness of the disposal charges based on the record of the public hearing;

     (d) If the Division finds that the charges are not reasonable, order the operator of the state-owned disposal area to reduce the disposal charges so that they do not exceed by more than 10 percent the average of the disposal charges of the existing commercial waste disposal areas in the United States; and

     (e) Submit a copy of the record of the public hearing, the findings of the Division and any order issued by it to the Rocky Mountain Low-Level Radioactive Waste Board for review and approval.

     (Added to NAC by Bd. of Health, eff. 2-18-88)