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211.865 Cabinet's authority to promulgate administrative regulations.

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Page 1 of 1 211.865 Cabinet's authority to promulgate administrative regulations. (1) The cabinet shall promulgate administrative regulations to administer and enforce the provisions of KRS 211.861 to 211.869. The administrative regulations shall be <br>promulgated with the consultation and cooperation of the commission. (2) Administrative regulations promulgated by the cabinet shall prohibit the shipment into or acceptance of low-level radioactive waste in Kentucky if the shipment or <br>acceptance would result in a violation of any provision of the compact or KRS <br>211.863, 211.865, and 211.869. (3) The cabinet may, by administrative regulation, impose conditions on the shipment into or acceptance of low-level radioactive waste in Kentucky that the cabinet <br>determines to be reasonable and necessary to enforce the provisions of KRS <br>211.863, 211.865, and 211.869. The conditions may include, but are not limited to: <br>(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 <br>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 <br>Kentucky in violation of any provisions of KRS 211.863, 211.865, and <br>211.869; and (e) Requiring that the shipper consent to service of process before shipment of low-level radioactive waste into Kentucky. (4) 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 <br>of an exemption would be consistent with the compact. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 46, sec. 4, effective July 15, 1998.