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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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Page 1 of 2 211.863 Control of commerce of low-level radioactive waste in and out of Kentucky -- Prohibitions -- Exemption. (1) 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 <br>of Energy, owned or generated by the United States Navy as a result of <br>decommissioning of vessels of the United States Navy, or owned or generated <br>as the result of any research, development, testing, or production of any <br>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 <br>of Energy, owned or generated by the United States Navy as a result of <br>decommissioning of vessels of the United States Navy, or owned or generated <br>as the result of any research, development, testing, or production of any <br>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 <br>generated by the United States Department of Energy, owned or generated by <br>the United States Navy as a result of decommissioning of vessels of the <br>United States Navy, or owned or generated as the result of any research, <br>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 <br>from outside the region shall dispose of any low-level radioactive waste, <br>regardless of origin, at a facility in Kentucky without prior specific approval <br>by the commission. (2) 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. (3) 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 <br>shall import naturally occurring radioactive material (NORM) from outside the <br>region for disposal in Kentucky, or dispose of such imported material in Kentucky, <br>if the imports or disposal are inconsistent with polices of the commission. (4) Any low-level radioactive waste which is not the responsibility of the Commonwealth of Kentucky or the Central Midwest Interstate Low-Level <br>Radioactive Waste Commission pursuant to 42 U.S.C. sec. 2297h-11 shall be Page 2 of 2 exempt from the provisions of KRS 211.861 to 211.869 and from the provisions of <br>KRS 211.859. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 46, sec. 3, effective July 15, 1998.