(1) The director of the department of ecology may 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) 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.
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