2014 Kentucky Revised Statutes CHAPTER 211 - STATE HEALTH PROGRAMS 211.863 Control of commerce of low-level radioactive waste in and out of Kentucky -- Prohibitions -- Exemption.
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211.863 Control of commerce of low-level radioactive waste in and out of
Kentucky -- Prohibitions -- Exemption.
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Unless otherwise authorized by the commission:
(a) After July 15, 1998, no person shall deposit at a facility in Kentucky any
low-level radioactive waste not generated within the region.
(b) After July 15, 1998, no person shall accept at a facility in Kentucky
low-level radioactive waste not generated within the region.
(c) No person shall deposit at any regional facility in Kentucky any low-level
radioactive waste that is owned or generated by the United States
Department of Energy, owned or generated by the United States Navy as
a result of decommissioning of vessels of the United States Navy, or
owned or generated as the result of any research, development, testing,
or production of any atomic weapon.
(d) No person shall accept at any regional facility in Kentucky any low-level
radioactive waste that is owned or generated by the United States
Department of Energy, owned or generated by the United States Navy as
a result of decommissioning of vessels of the United States Navy, or
owned or generated as the result of any research, development, testing,
or production of any atomic weapon.
(e) No person shall export from the region low-level radioactive waste that is
generated in Kentucky, other than low-level radioactive waste that is
owned or generated by the United States Department of Energy, owned
or generated by the United States Navy as a result of decommissioning of
vessels of the United States Navy, or owned or generated as the result of
any research, development, testing, or production of any atomic weapon.
(f) No person shall dispose of low-level radioactive waste in Kentucky except
at a regional disposal facility.
(g) No person who provides a service by arranging for the collection,
transportation, treatment, storage, or disposal of low-level radioactive
waste from outside the region shall dispose of any low-level radioactive
waste, regardless of origin, at a facility in Kentucky without prior specific
approval by the commission.
No person shall treat or store low-level radioactive waste at a facility other than
a regional facility, if the treatment or storage is prohibited by the commission.
Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8)
shall be the exclusive regulatory responsibility of the states, except that no
person shall import naturally occurring radioactive material (NORM) from
outside the region for disposal in Kentucky, or dispose of such imported
material in Kentucky, if the imports or disposal are inconsistent with polices of
the commission.
Any low-level radioactive waste which is not the responsibility of the
Commonwealth of Kentucky or the Central Midwest Interstate Low-Level
Radioactive Waste Commission pursuant to 42 U.S.C. sec. 2297h-11 shall be
exempt from the provisions of KRS 211.861 to 211.869 and from the provisions
of KRS 211.859.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 46, sec. 3, effective July 15, 1998.
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