30-692

30-692. Acquisition of lands, buildings and grounds

A. Any site used for the concentration and storage or disposal of radioactive waste material shall represent a continuing and perpetual responsibility in the interests of the public health, safety and general welfare, and shall ultimately be reposed in the state without regard for the existence or nonexistence of any particular state agency, instrumentality, department, division or officer.

B. Lands, buildings and grounds which are acquired pursuant to this section as sites for the concentrations and permanent storage or disposal of radioactive waste materials may be acquired in fee simple and dedicated in perpetuity to such purpose. All rights, title and interest in, of and to any radioactive waste materials accepted by the agency for permanent storage or disposal at such facilities shall upon acceptance become the property of the state and shall be administered, controlled, and disposed of, including transfer by sale, lease, loan or otherwise, by the agency in the name of this state.

C. The agency may acquire by purchase, gift or by condemnation under title 12, chapter 8, article 2 or 3 any lands, buildings or grounds where radioactive by-product materials and wastes produced by industrial, medical, agricultural, scientific or other organizations can be concentrated, stored or otherwise disposed of in a manner consistent with the public health and safety.

D. The agency may accept, receive, and receipt for monies or lands, buildings and grounds for and in behalf of this state, given by the federal government under any federal law to this state or by any other public or private agency, for the acquisition or operation of any site for the concentration and storage or disposal of radioactive wastes. Such funds received by the agency pursuant to this section shall be deposited in the radiation and perpetual care fund. Such funds or properties shall be used only for the purposes for which they are contributed.

E. The agency may lease such properties as it may acquire under the provisions of this section to a private firm or firms for the purpose of operating sites for the concentration and storage or disposal of radioactive wastes or for any other purpose not contrary to the public interests.

F. The operation of any site acquired for the concentration and storage of radioactive wastes shall be under the direct supervision of the agency and shall be in accordance with regulations promulgated and enforced by the agency to protect the public health and safety.

G. The agency may enter into such contracts as it may deem necessary for carrying out the provisions of this section.