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211.896 Conditions for reopening of closed facility.
(1)
(2)
Any nuclear waste disposal facility, licensed and regulated by the Kentucky
Cabinet for Health and Family Services, which is closed either because there is
doubt as to the public safety of the site, the integrity of the site, the economic
feasibility of financing perpetual care and maintenance and decommissioning
of the site, or compliance with cabinet regulations, shall not reopen without:
(a) A finding of fact by the secretary of the Cabinet for Health and Family
Services and the secretary of the Energy and Environment Cabinet that
all reasons for site closure have been addressed and resolved such that
there is no longer any doubt as to the public safety or integrity of the site
or the ability to adequately finance the perpetual care and maintenance
and decommissioning of the site or the compliance of the site with cabinet
regulations; and
(b) A public hearing and the taking of public comment on such findings of
fact; and
(c) Approval of a majority of the members of the House of Representatives
and a majority of the members of the Senate; and
(d) Approval of the Governor.
The Cabinet for Health and Family Services shall be responsible for organizing
the public hearings, which shall be held in the county in which the nuclear
waste disposal facility is located and shall be at a time and place convenient for
public participation. Adequate notification shall be given to the public of the
intention to reopen a nuclear waste disposal site and the cabinet shall make
available to the public the data and information upon which its decision to
recommend approval of reopening of the site is based.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 315, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 99, sec. 389, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 329, effective July 15, 1998. -- Created 1980 Ky.
Acts ch. 17, sec. 3, effective July 15, 1980.
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