Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article V - Radiological Health
Chapter 237 - REBUTTABLE PRESUMPTION OF LIABILITY OF THE OPERATOR OF THE REGIONAL LOW-LEVEL WASTE FACILITY
Subchapter A - GENERAL PROVISIONS
Section 237.1 - Scope

(a) This chapter addresses the rebuttable presumption of liability of the operator of a regional low-level radioactive waste disposal facility for all damages and radioactive contamination within 3 miles of the regional facility boundary. This chapter establishes terms, conditions and criteria for the implementation of section 319 of the act (35 P. S. § 7130.319).

(b) The presumption of liability of the regional facility operator applies only to civil and administrative proceedings initiated under the act to the extent the actions provide for recovery for damages, the abatement of radioactive contamination or the replacement of a contaminated water supply. The presumption of liability may be invoked by the Department, county and municipal officials and by private citizens instituting the legal actions under the act.

(c) The regional facility operator may not engage in an activity, operation or process prohibited by the act.