Section 38. (a) Upon the issuance of a facility license pursuant to section thirty-one, and annually thereafter, until the facility license is transferred to the board pursuant to section forty-six, the department of public health shall establish a payment to be made by the operator equal to said departments expected annual operating budget for the next fiscal year for its activities with respect to the facility other than those for which reimbursement has been made pursuant to section thirty-six; provided, however, that such payment shall be adjusted by the amount of any operating deficit or surplus, previously incurred by said department with respect to such activities, in accordance with procedures established by regulation of said department. The operator shall make such payment to the commonwealth prior to the commencement of the fiscal year.
(b) The operator shall annually submit to the board a proposed schedule of fees and criteria for acceptance of low-level radioactive waste. Such schedule shall be based on the classification system contained in the management plan adopted pursuant to section twelve, shall be designed so as to promote source minimization, volume minimization and storage for decay by generators, shall establish service charges for waste shipments found not to be in compliance with applicable regulations and conditions of the facility license, and shall establish fees which are adequate to reimburse the operator for all reasonable expenses of facility development and operation; all reasonable community compensation guaranteed to site, neighboring and affected communities in the comprehensive operating contract executed pursuant to section thirty-three; the department of public health’s required annual payment established pursuant to this section; and a reasonable profit from the operation of the facility; and shall establish waste acceptance criteria, consistent with the management plan and adequate to assure proper and efficient operation of the facility; source minimization, volume minimization and storage for decay in compliance with the regulations adopted by said department pursuant to section thirteen; and conservation of facility resources. Such waste acceptance criteria shall specify that no low-level radioactive waste shall be accepted from an electric-power-generating facility if such waste requires management more stringent than the most stringent management required for any low-level radioactive waste which may be accepted at the facility from another generator. The operator’s proposed schedule shall be accompanied by a certified audit of gross operating receipts from fees and surcharges imposed for acceptance of low-level radioactive waste at the facility during the current and prior fiscal years and a verification under oath that all compensation required to be paid by the operator to each site, neighboring and affected community by the comprehensive operating contract has been paid, and that all surcharges collected for the Low-Level Radioactive Waste Trust Fund have been remitted to the state treasurer in accordance with the requirements of the comprehensive operating contract executed pursuant to section thirty-three. All books and records of the operator shall be subject to audit pursuant to section twelve of chapter eleven.
(c) The board, after notice and opportunity for hearing, shall approve, modify or reject the schedule of fees and waste acceptance criteria submitted by the operator and establish annually a schedule of surcharges for the Low-Level Radioactive Waste Trust Fund established in section forty-one. Such fees, criteria and surcharges shall be imposed as conditions of acceptance of all low-level radioactive waste at the facility until a new or revised schedule is approved by the board.