§ 30-20-119 — Disposal of low-level radioactive waste

(1) No person shall
dispose of low-level radioactive waste generated through the production of nuclear
power or nuclear weapons, or any tools and equipment contaminated with slight
amounts of radioactivity at power plants, hospitals, or research laboratories, that
the United States nuclear regulatory commission or department of energy
classified as low-level radioactive waste as of July 3, 1990, but which may be
classified as below regulatory concern after that date, at any solid wastes disposal
site and facility without the express written permission of the appropriate
governmental entity which has the authority to grant a certificate of designation for
such solid wastes disposal site and facility pursuant to section 30-20-102. This
prohibition does not apply to products and materials specifically exempted by the
United States nuclear regulatory commission prior to July 3, 1990; however, all
other federal, state, and local regulations governing any other toxic or hazardous
property of these products and materials shall still apply.

(2) The appropriate governmental entity described in subsection (1) of this
section shall require a technical review by the department of the low-level
radioactive waste proposed to be disposed when permission is requested pursuant
to subsection (1) of this section, and the department shall make a written
recommendation to the governmental entity as to whether such waste should be
accepted. The appropriate governmental entity shall charge a fee established
pursuant to section 30-20-109 (1)(d) to the applicant for such technical review and
transmit such fee to the department.

Legislative History

Source: L. 91: Entire section added, p. 953, � 1, effective July 1.