KRS 211.892: Legislative finding.

It is the finding of the General Assembly of the Commonwealth of Kentucky that the

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 environm ent

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 rad ioactivity 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 d evelop 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.