{"data":{"id":"us-ky/krs-211.863","jurisdiction":"us-ky","citation":"KRS 211.863","heading":"Control of commerce  of low-level radioactive waste in and out of","body":"Kentucky  -- Prohibitions -- Exemption -- Regulation of TENORM.\n(1) Unless otherwise authorized by the commission:\n(a) After July 15, 1998, no person shall deposit at a facility in Kentucky any\nlow-level radioactive waste not generated within the region;\n(b) After July 15, 1998, no person shall accept at a facility in Kentucky\nlow-level radioactive waste not generated within the region;\n(c) No  person shall deposit at any regional facility in Kentucky any low-level\nradioactive waste that is owned  or generated by the United States\nDepartment of Energy, owned or generated by the United States Navy as\na  result of decommissioning of vessels of the United States Navy, or\nowned  or generated as the result of any research, development, testing,\nor production of any atomic weapon;\n(d) No  person shall accept at any regional facility in Kentucky any low-level\nradioactive waste that is owned  or generated by the United States\nDepartment of Energy, owned or generated by the United States Navy as\na  result of decommissioning of vessels of the United States Navy, or\nowned  or generated as the result of any research, development, testing,\nor production of any atomic weapon;\n(e) No  person shall export from the region low-level radioactive waste that is\ngenerated in Kentucky, other than low-level radioactive waste that is\nowned  or generated by the United States Department of Energy, owned\nor generated by the United States Navy as a result of decommissioning of\nvessels of the United States Navy, or owned or generated as the result of\nany research, development, testing, or production of any atomic weapon;\n(f) No person shall dispose of low-level radioactive waste in Kentucky except\nat a regional disposal facility; and\n(g) No  person who  provides a service by arranging for the collection,\ntransportation, treatment, storage, or disposal of low-level radioactive\nwaste from outside the region shall dispose of any low-level radioactive\nwaste, regardless of origin, at a facility in Kentucky without prior specific\napproval by the commission.\n(2) No person shall treat or store low-level radioactive waste at a facility other than\na regional facility, if the treatment or storage is prohibited by the commission.\n(3) Technologically enhanced naturally occurring radioactive material (TENORM)\nand  naturally occurring radioactive material (NORM)  as defined in KRS\n211.862 shall be the exclusive regulatory responsibility of the states, except\nthat no person shall import technologically enhanced  naturally occurring\nradioactive material (TENORM)  from outside the region for disposal in\nKentucky, arrange for disposal of, or dispose of such imported material in\nKentucky, if the imports or disposal are inconsistent with polices of the\ncommission.\n(4) Any  low-level radioactive waste  which is not the responsibility of the\nCommonwealth  of Kentucky or the Central Midwest Interstate Low-Level\nRadioactive Waste Commission pursuant to 42 U.S.C. sec. 2297h-11 shall be\nexempt from the provisions of KRS 211.861 to 211.869 and from the provisions\nof KRS 211.859.\n(5) Drill cuttings generated from wells permitted and regulated by the Energy and\nEnvironment Cabinet pursuant to KRS  Chapter 353 that contain naturally\noccurring radioactive materials that have been made more accessible shall not\nbe regulated as TENORM  under this chapter.\n(6) Except as provided in subsection (5) of this section, the cabinet may, by\nexecutive order or administrative regulation, regulate as  TENORM  any\nnaturally occurring radioactive material made  more  accessible by human\nactivity, or naturally occurring radioactive material that has  radionuclide\nconcentrations increased by human  activities above levels encountered in the\nnatural state.","path":["KRS Chapter 211"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46516","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:14Z","sha256":"efca0a45e803eba5aa1e4eea4599abbc3b36c46944ae52aa2ea7725406f405f6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-211.862","next":"us-ky/krs-211.865"},"notice":"GroundRules: Original legal text. Not legal advice."}