TITLE 39

HEALTH AND SAFETY

CHAPTER 30

RADIATION AND NUCLEAR MATERIAL

39-3028.  Disposal of uranium mill tailings. (1) Legislative declaration. The legislature hereby finds and declares that the existence of uranium mill tailings at active and inactive mill operations could pose a potential radiation health hazard. This section is enacted to protect the public health, safety, and welfare by authorizing the department of environmental quality to cooperate with the federal government in providing for the stabilization, disposal, and control of such tailings in a safe and environmentally sound manner.

(2)  Terms defined. For the purposes of this section, the terms "processing site" and "residual radioactive material" shall have the meanings specified in section 101(6) and (7), respectively, of public law 95-604, 42 U.S.C., section 7901, et seq., as from time to time amended.

(3)  Authorization to participate. The department of environmental quality is hereby authorized to participate in federal implementation of the "Uranium Mill Tailings Radiation Control Act of 1978" (P.L. 95-604), and for such purpose the agency may:

(a)  Enter into cooperative agreements with the secretary of energy to perform remedial actions at processing sites designated by the secretary;

(b)  Obtain written consent from the record owner of a designated processing site to perform remedial actions at such site;

(c)  Provide for reimbursement for the actual cost of any remedial action in accordance with the terms of public law 95-604;

(d)  Acquire and dispose of any designated processing site, including any interest in such site, and any site to be used for the permanent disposition and stabilization of residual radioactive materials;

(e)  Participate in the selection and performance of remedial actions.

(4)  Financial participation.

(a)  The legislature accepts in principle the provisions of section 107(a) of public law 95-604 which requires the state to pay ten percent (10%) of the actual cost of any remedial action and administrative costs from nonfederal moneys, reserving, however, the right and authority to limit through yearly appropriations the amount of state moneys committed to such costs.

(b)  The state of Idaho may receive all or a share of the net profits derived from the recovery of minerals from residual radioactive materials at any designated processing site within the state in accordance with the provisions of section 108(b) of public law 95-604.

History:

[39-3028, added 1984, ch. 257, sec. 1, p. 617; am. 2007, ch. 83, sec. 6, p. 226.]