KRS 211.863: Control of commerce of low-level radioactive waste in and out of

Kentucky -- Prohibitions -- Exemption -- Regulation of TENORM.

(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 of Energy, owned or generated by the United States Navy as

a result of decommissioning of vessels of the United States Navy, or

owned or generated as the result of any research, development, testing,

or production of any 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 of Energy, owned or generated by the United States Navy as

a result of decommissioning of vessels of the United States Navy, or

owned or generated as the result of any research, development, testing,

or production of any 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 generated by the United States Department of Energy, owned

or generated by the United States Navy as a result of decommissioning of

vessels of the United States Navy, or owned or generated as the result of

any research, 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; and

(g) No person who provides a service by arranging for the collection,

transportation, treatment, storage, or disposal of low-level radioactive

waste from outside the region shall dispose of any low-level radioactive

waste, regardless of origin, at a facility in Kentucky without prior specific

approval 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) Technologically enhanced naturally occurring radioactive material (TENORM)

and naturally occurring radioactive material (NORM) as defined in KRS

211.862 shall be the exclusive regulatory responsibility of the states, except

that no person shall import technologically enhanced naturally occurring

radioactive material (TENORM) from outside the region for disposal in

Kentucky, arrange for disposal of, or dispose of such imported material in

Kentucky, 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

Radioactive Waste Commission pursuant to 42 U.S.C. sec. 2297h-11 shall be

exempt from the provisions of KRS 211.861 to 211.869 and from the provisions

of KRS 211.859.

(5) Drill cuttings generated from wells permitted and regulated by the Energy and

Environment Cabinet pursuant to KRS Chapter 353 that contain naturally

occurring radioactive materials that have been made more accessible shall not

be regulated as TENORM under this chapter.

(6) Except as provided in subsection (5) of this section, the cabinet may, by

executive order or administrative regulation, regulate as TENORM any

naturally occurring radioactive material made more accessible by human

activity, or naturally occurring radioactive material that has radionuclide

concentrations increased by human activities above levels encountered in the

natural state.