Kansas Statutes 48-1622. Compact negotiations authorized; site acquisitions; contracts for operation of site
(a) The secretary is authorized to enter into negotiations for a compact with other states for the establishment and operation of a regional low-level radioactive waste disposal site which, before being put into effect, shall be ratified by the legislatures of three states and consented to by the Congress of the United States.
(b) The state is authorized to accept or acquire, by gift, transfer or purchase, from another governmental agency or private person, suitable sites including land and appurtenances for the disposal of low-level radioactive waste. Sites received by gift or transfer are subject to approval and acceptance by the legislature.
Terms Used In Kansas Statutes 48-1622
- Contract: A legal written agreement that becomes binding when signed.
- Disposal of low-level radioactive waste: means the isolation of such waste from the biosphere. See Kansas Statutes 48-1603
- 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.
- Low-level radioactive waste: means radioactive waste not classified as:
(1) NORM waste or TENORM waste at concentrations and from sources established in rules and regulations adopted by the secretary on or before July 1, 2016;
(2) high-level radioactive waste;
(3) transuranic waste;
(4) spent nuclear fuel; or
(5) by-product material as defined in subsection (a)(2). See Kansas Statutes 48-1603
- Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, or any other state or political subdivision or agency thereof, and any legal successor, representative, agency, or agency of the foregoing, other than the United States nuclear regulatory commission, or any successor thereto, and other than federal government agencies licensed by the United States nuclear regulatory commission, or any successor thereto. See Kansas Statutes 48-1603
- Property: includes personal and real property. See Kansas Statutes 77-201
- Radioactive material: means any material, solid, liquid or gas, which emits ionizing radiation spontaneously. See Kansas Statutes 48-1603
- Secretary: means the secretary of the Kansas department of health and environment. See Kansas Statutes 48-1603
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(c) Lands and appurtenances which are used for the disposal of low-level radioactive waste shall be acquired in fee simple absolute and used exclusively for such purpose, unless or until the secretary determines that such exclusive use is not required to protect the public health, safety, welfare or environment. Before such site is leased for other use, the secretary shall require and assure that the radioactive waste history of the site be recorded in the permanent land records of the site. All radioactive material accepted by the site operator or by any agent of the site operator for disposal on a radioactive waste disposal site shall become the property of the state.
(d) The state is authorized to arrange for the availability of a service for disposal of low-level radioactive waste by contract operation of a disposal site acquired pursuant to subsection (b) or already owned by the state. A contract operator shall be subject to the surety and long-term care funding provisions of this act and to appropriate licensing by the United States nuclear regulatory commission or by the secretary under Kan. Stat. Ann. § 48-1607, and amendments thereto.
(e) The secretary shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or federal government.