Arizona Laws 30-692. Acquisition of lands, buildings and grounds
A. Any site used for the concentration and storage or disposal of radioactive waste material shall represent a continuing and perpetual responsibility in the interests of the public health, safety and general welfare, and shall ultimately be reposed in the state without regard for the existence or nonexistence of any particular state agency, instrumentality, department, division or officer.
Terms Used In Arizona Laws 30-692
- Department: means the department of health services. See Arizona Laws 30-651
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Operation: means adjustments or procedures by the user required for the equipment to perform its intended functions. See Arizona Laws 30-651
- Property: includes both real and personal property. See Arizona Laws 1-215
- Radiation: means :
(a) Ionizing radiation, including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays. See Arizona Laws 30-651
B. Lands, buildings and grounds that are acquired pursuant to this section as sites for the concentrations and permanent storage or disposal of radioactive waste materials may be acquired in fee simple and dedicated in perpetuity to such purpose. All rights, title and interest in, of and to any radioactive waste materials accepted by the department for permanent storage or disposal at such facilities, on acceptance, shall become the property of the state and shall be administered, controlled, and disposed of, including transfer by sale, lease or loan or otherwise, by the department in the name of this state.
C. The department may acquire by purchase, gift or condemnation under Title 12, Chapter 8, Article 2 or 3 any lands, buildings or grounds where radioactive by-product materials and wastes produced by industrial, medical, agricultural, scientific or other organizations can be concentrated, stored or otherwise disposed of in a manner consistent with the public health and safety.
D. The department may accept, receive, and receipt for monies or lands, buildings and grounds for and in behalf of this state, given by the federal government under any federal law to this state or by any other public or private agency, for the acquisition or operation of any site for the concentration and storage or disposal of radioactive wastes. Such funds received by the department pursuant to this section shall be deposited in the radiation regulatory and perpetual care fund. Such funds or properties shall be used only for the purposes for which they are contributed.
E. The department may lease such properties as it may acquire under this section to a private firm or firms for the purpose of operating sites for the concentration and storage or disposal of radioactive wastes or for any other purpose not contrary to the public interests.
F. The operation of any site acquired for the concentration and storage of radioactive wastes shall be under the direct supervision of the department and shall be in accordance with rules adopted and enforced by the department to protect the public health and safety.
G. The department may enter into such contracts as it may deem necessary for carrying out this section.