211.892 Legislative finding.
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original concept of shallow-land nuclear burial sites has not been met in Kentucky in that
measurable amounts of radioactivity have been released to the surrounding environment
from an existing nuclear waste facility. The mechanism for providing for the financing of
perpetual care and maintenance of such a site has proven to be inadequate and also did
not take into consideration early closing of the site. The detection of radioactivity in a
new unused trench on such site provided unequivocal evidence that migration of
radioactive liquids can and did occur in a subsurface manner. Current knowledge of the
complex geologic and hydrologic features of such site is insufficient to develop a model
capable of predicting future behavior of the site. It is the intent of the General Assembly
that because of these problems, the existing site should remain closed unless solutions are
found which will assure site safety and integrity and remedy all of the aforesaid problems.
It is at this time in the best interest of the public health and safety of the citizens of the
Commonwealth that the state maintain ownership and, thus, ultimate decision-making
authority over nuclear waste sites located within its borders. Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 17, sec. 1, effective July 15, 1980.