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48-1622. Compact negotiations authorized; site acquisitions; contracts for operation of site.

48-1622

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL

      48-1622.   Compact negotiations authorized; site acquisitions; contractsfor operation of site.(a) The secretary is authorized to enter into negotiationsfor a compact with other states for the establishment and operation of aregional low-level radioactive waste disposal site which, before being putinto effect, shall be ratified by the legislatures of three states andconsented to by the Congress of the United States.

      (b)   The state is authorized to accept or acquire, by gift, transfer orpurchase, from another governmental agency or private person, suitable sitesincluding land and appurtenances for the disposal of low-level radioactivewaste. Sites received by gift or transfer are subject to approval andacceptance by the legislature.

      (c)   Lands and appurtenances which are used for the disposal of low-levelradioactive waste shall be acquired in fee simple absolute and usedexclusively for such purpose, unless or until the secretary determines thatsuch exclusive use is not required to protect the public health, safety,welfare or environment. Before such site is leased for other use, thesecretary shall require and assure that the radioactive waste history ofthe site be recorded in the permanent land records of the site. Allradioactive material accepted by the site operator or by any agent of thesite operator for disposal on a radioactive waste disposal site shallbecome the property of the state.

      (d)   The state is authorized to arrange for the availability of a servicefor disposal of low-level radioactive waste by contract operation of adisposal site acquired pursuant to subsection (b) or already owned by thestate. A contract operator shall be subject to the surety and long-termcare funding provisions of this act and to appropriate licensing by theUnited States nuclear regulatory commission or by the secretary underK.S.A. 48-1607, and amendments thereto.

      (e)   The secretary shall not approve any application for a license toreceive radioactive waste from other persons for disposal on land not ownedby the state or federal government.

      History:   L. 1984, ch. 198, § 15; July 1.

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