agreements. (a) The Agency shall promulgate rules and regulations establishing standards applicable to the selection of a contractor or contractors for the design, development, construction, and operation of a low-level radioactive waste disposal facility away from the point of generation necessary to protect human health and the environment. The regulations shall establish, but need not be limited to, the following: (1) The number of contractors to design, develop, and operate a low-level radioactive waste disposal facility; (2) Requirements and standards relating to the financial integrity of the firm; (3) Requirements and standards relating to the experience and performance history of the firm in the design, development, construction and operation of low-level radioactive waste disposal facilities; and (4) Requirements and standards for the qualifications of the employees of the firm. The Agency shall hold at least one public hearing before promulgating the regulations. (b) The Agency may enter into one or more operating agreements with a qualified operator of the regional disposal facility, which agreement may contain such provisions with respect to the construction, operation, closure, and post-closure maintenance of the regional disposal facility by the operator as the Agency shall determine, including, without limitation, (i) provisions leasing, or providing for the lease of, the site to the operator and authorizing the operator to construct, own and operate the facility and to transfer the facility to the Agency following closure and any additional years of post-closure maintenance that the Agency shall determine; (ii) provisions granting exclusive rights to the operator with respect to the disposal of low-level radioactive waste in this State during the term of the operating agreement; (iii) provisions authorizing the operator to impose fees upon all persons using the facility as provided in this Act and providing for the Agency to audit the charges of the operator under the operating agreement; and (iv) provisions relating to the obligations of the operator and the Agency in the event of any closure of the facility or any termination of the operating agreement. operate a low-level radioactive waste disposal facility; financial integrity of the firm; experience and performance history of the firm in the design, development, construction and operation of low-level radioactive waste disposal facilities; and of the employees of the firm.
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