Audeen W. Fentiman
P. Andrew Karam
Ronald B. Meyers
In June 1995, Ohio's General Assembly enacted legislation enabling Ohio to site, construct, and operate a low-level radioactive waste disposal facility. Part of this legislation called for establishing the Ohio Low-Level Radioactive Waste Facility Development Authority to supervise all aspects of the facility's location, design, construction, operation, and long-term care. This fact sheet provides information on authorities, in general, and then discusses the Ohio Low-Level Radioactive Waste Facility Development Authority's composition, responsibilities, interactions with the public, and funding.
Authorities are semi-independent organizations established and regulated by governments. Authorities have the power to sign contracts, borrow money, purchase real estate, and so forth. An authority usually consists of a Board of Directors and a staff. The Board of Directors sets policy and makes all major decisions. The staff conducts the day-to-day operations and carries out the Board's policies. Governments have established authorities for a number of purposes. The Ohio Water Development Authority and the Ohio Air Quality Development Authority are two examples of authorities already operating in Ohio. Authorities in other states dealing with low-level radioactive waste include the North Carolina Low-Level Radioactive Waste Management Authority, the Texas Low-Level Radioactive Waste Disposal Authority, and the Michigan Low-Level Radioactive Waste Authority.
According to Ohio statute, the Ohio Low-Level Radioactive Waste Facility Development Authority will be governed initially by a 12-member Board of Directors. Four members of the Board are appointed by the Governor, four by the Speaker of the House, and four by the President of the Senate. The Governor, Speaker of the House, and President of the Senate need not discuss or agree on the appointments. Two additional Board members will be appointed, one each by the Senate and the House, after a host community for the facility has been identified. These new Board members must reside in the host community. Board members must have certain qualifications as specified in Substitute Senate Bill 19 and summarized in Table 1. They will initially be appointed for terms of three, six, or nine years. As the initial terms expire, new or reappointed Board members will have nine-year terms. Board members may be reappointed for only one term. The Board of Directors will select a chairperson, vice-chair, and secretary-treasurer annually.
Membership on the Board is not intended to be a full-time job, but Board members will be compensated for their time. The Chair will receive $15,000 per year while other Board members will receive $10,000. Since many of the Board members have other jobs, the Board is authorized to hire an Executive Director and staff to oversee the day-to-day operations of the Authority. However, all major decisions will be made by the Board of Directors.
The primary responsibility of the Ohio Low-Level Radioactive Waste Facility Development Authority is to ensure that all phases of the low-level radioactive waste disposal site selection, facility construction, operation, and post-closure monitoring are conducted in accordance with state and federal laws and in keeping with the timetable mandated in Ohio statute. Specific duties include selecting a facility developer/operator, approving the site selection process, choosing a site, purchasing the site, approving the facility design, overseeing operation of the facility, and monitoring the site after it is closed.
Table 1. Board Members' Professions or Affiliations
| Appointed by Governor |
|---|
|
| Appointed by Speaker of House |
|
| Appointed by President of Senate |
|
Most of the Board's decisions require agreement by a simple majority of the Board members present. However, some decisions will require a "super majority," meaning that at least three-fifths of the Board members present must agree. The decisions that require a super majority are:
The Board must conduct public meetings, hold public hearings, receive written public comments, and make information on its activities available to the public.
The Board of Directors is required to meet at least four times each year and at any time a meeting is called by the Chair or by a majority of Board members. Each meeting must have at least seven Board members present (eight when the site is selected) to vote on any issue. All meetings are open to the public, and all voting is done in public. Some meetings will be held in Columbus while others will be held in other parts of the state. Information on time and location of the meetings is available from the Authority's offices in Columbus.
The Board is required to hold public hearings prior to taking some of its most important actions. These include implementation of a statewide public information and involvement program, implementation of the statewide screening process to locate potentially suitable sites, approval of potentially suitable sites for characterization, selection of a site, approval of facility design, and establishment of an intervenor funding program.
Public hearings will be held in communities located near potential disposal sites which are being characterized. Hearings conducted before potential sites are identified, or on general topics, will be held in Columbus. These hearings will be advertised by the Executive Director at least thirty days before they are held. The advertisements must appear in at least twelve city newspapers throughout Ohio. At the hearings, anyone may give either written or oral comments to the Board. In addition, anyone may submit written comments to the Board through the Authority's office. The Board shall use information obtained at each hearing to assist it in making decisions. More information on public hearings is presented i? RER-70, "How Can the Public Participate in Decisions by Ohio's Low-Level Radioactive Waste Facility Development Authority?"
Public document rooms must be established in Columbus and in each community in which a site is undergoing characterization. These rooms will contain minutes from past Board meetings and all contractor and Board documents related to the screening, siting, design, construction, operation, institutional control, and long-term care of the facility. The Board may choose to make some documents available at other locations such as public libraries.
Until the disposal facility is operating, the Authority's funding will be provided by the Midwest Compact, which obtains its revenues from the generators of low-level radioactive waste. When the site begins operation, user fees will be set to provide sufficient revenue to cover all costs, including long-term care. Ohio statute prohibits any monies from the General Revenue Fund (which comes from taxes) from being used at any time to pay for Ohio's low-level radioactive waste facility or for the Authority.
If you would like to read more about the Ohio Low-Level Radioactive Waste Facility Development Authority, some of the references listed below may be helpful.
Ohio Revised Code, Sections 3747.05, 3747.06, 3747.07, and 3747.08
General Henry M. Robert, Robert's Rules of Order, Gramercy Books, New York, 1978.
Other fact sheets in this series:
RER-70, "How Can the Public Participate in Decisions by Ohio's Low-Level Radioactive Waste Facility Development Authority?"
Dr. Audeen W. Fentiman is an Associate Professor in Nuclear Engineering at The Ohio State University. P. Andrew Karam is a Certified Health Physicist and a Graduate Research Associate in Geology. Ronald B. Meyers is a Graduate Research Associate, Ohio State University Extension.
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status.
Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, Keith L. Smith, Director, Ohio State University Extension.
TDD # 1 (800) 589-8292 (Ohio only) or (614) 292-1868