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211.865 Cabinet's authority to promulgate administrative regulations.
(1)
(2)
(3)
(4)
The cabinet shall promulgate administrative regulations to administer and
enforce the provisions of KRS 211.861 to 211.869. The administrative
regulations shall be promulgated with the consultation and cooperation of the
commission.
Administrative regulations promulgated by the cabinet shall prohibit the
shipment into or acceptance of low-level radioactive waste in Kentucky if the
shipment or acceptance would result in a violation of any provision of the
compact or KRS 211.863, 211.865, and 211.869.
The cabinet may, by administrative regulation, impose conditions on the
shipment into or acceptance of low-level radioactive waste in Kentucky that the
cabinet determines to be reasonable and necessary to enforce the provisions
of KRS 211.863, 211.865, and 211.869. The conditions may include, but are
not limited to:
(a) Requiring prior notification of any proposed shipment or receipt of
low-level radioactive waste;
(b) Requiring the shipper or recipient to identify the location to which the
low-level radioactive waste will be sent for disposal following treatment or
storage in Kentucky;
(c) Limiting the time that low-level radioactive waste from outside of
Kentucky may be held in Kentucky;
(d) Requiring the shipper or recipient to post bond, or by other mechanisms
assure that radioactive material will not be treated, stored, or disposed of
in Kentucky in violation of any provisions of KRS 211.863, 211.865, and
211.869; and
(e) Requiring that the shipper consent to service of process before shipment
of low-level radioactive waste into Kentucky.
The administrative regulations promulgated by the cabinet may provide for the
granting of exemptions, but only upon a showing by the applicant that the
granting of an exemption would be consistent with the compact.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 46, sec. 4, effective July 15, 1998.
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