ORS tit. 36A, ch. 459, LIMITATION ON DISPOSAL OF CERTAIN RADIOACTIVE MATERIALS, TEMPORARY PROVISIONS RELATING to FEDERAL DEREGULATION OF CERTAIN RADIOACTIVE MATERIALS ARE COMPILED AS NOTES PRECEDING ORS 459.376
ORS tit. 36A, ch. 459, LIMITATION ON DISPOSAL OF CERTAIN RADIOACTIVE MATERIALS, TEMPORARY PROVISIONS RELATING to FEDERAL DEREGULATION OF CERTAIN RADIOACTIVE MATERIALS ARE COMPILED AS NOTES PRECEDING ORS 459.376
Sections 12 to 16 and 18, chapter 653, Oregon Laws 1991, provide:
Sec. 12. (1) The Legislative Assembly finds and declares:
(a) It is the policy of this state to minimize the release to the environment of radioactive material resulting from human activities;
(b) The United States Congress, the United States Nuclear Regulatory Commission, the United States Department of Energy and the United States Environmental Protection Agency have adopted measures intended to make possible federal deregulation of certain radioactive material;
(c) Deregulation would result in virtually unrestricted disposal or release of this radioactive material into land disposal sites, incinerators, transportation systems, waterways, sewage systems, recycling centers, consumer products or other parts of the environment;
(d) Such dissemination of radioactive material in the environment would represent an unnecessary increased risk to the health, safety and welfare of the citizens of this state and the environment;
(e) Such risk would necessitate the implementation of a costly and widespread radiation monitoring system to enable this state to insure that citizens are not exposed to radiation from deregulated radioactive material; and
(f) Such monitoring and verification of the absence of unacceptable risks resulting from federal deregulation will be more costly to this state than the current regulatory regime.
(2) Therefore, the State of Oregon hereby declares that radioactive material shall continue to be subject to regulatory control by this state. It is the purpose of sections 12 to 15 of this Act to guarantee that all radioactive material that was subject to regulation by this state, the United States Nuclear Regulatory Commission, the United States Department of Energy, the United States Environmental Protection Agency or any other state or federal agency as of January 1, 1989, shall remain subject to regulation by this state and shall be stored and disposed of only in licensed or approved radioactive waste storage or disposal facilities. [1991 c.653 §12]
Sec. 13. As used in sections 12 to 14, chapter 653, Oregon Laws 1991:
(1) "Facility approved by the Oregon Health Authority" means a facility for which there is a license, permit, letter of agreement or other means by which the state officially accepts the treatment, storage, recycling, incineration or disposal method for radioactive material.
(2) "Radioactive material" means any radioactive waste or other radioactive material resulting from activities of the federal government, the United States Nuclear Regulatory Commission or its licensees or licensees of a state that has entered into an agreement under 42 U.S.C. 2021 and that satisfies the definition of low-level radioactive waste in the federal Low-Level Radioactive Waste Policy Act, 42 U.S.C. 2021b(9)(a), as of January 1, 1989. "Radioactive material" does not include naturally occurring radionuclides, uranium mill tailings or high-level radioactive waste. [1991 c.653 §13; 2001 c. 900, § 233; 2009 c. 595, § 1152]
Sec. 14. Notwithstanding any declaration by the federal government that certain radioactive material may be exempt from regulatory control or below regulatory concern, no radioactive material may be recycled, incinerated or disposed of in Oregon except at a facility approved by the Oregon Health Authority specifically for the recycling, incineration or disposal of radioactive material. [1991 c.653 §14; 2001 c. 900, § 234; 2009 c. 595, § 1153]
Sec. 15. (1) No land disposal site in this state shall knowingly accept solid waste from another state that contains radioactive material. For purposes of this section, solid waste shall be presumed not to contain radioactive material if:
(a) The solid waste is from a state that is a party to the Northwest Interstate Compact on Low-Level Radioactive Waste Management set forth in ORS 469.930; or
(b) The solid waste is from a state that has a policy opposing exemption of radioactive material from regulation that is similar to the policy carried out by sections 12 to 15 of this 1991 Act.
(2) As used in this section, "radioactive material" has the meaning given in section 13 of this 1991 Act. [1991 c.653 §15]
Sec. 16. Section 15 of this Act is added to and made a part of ORS 459.005 to 459.105. [1991 c.653 §16]
Sec. 18. Sections 12 to 16 of this Act and the amendments to ORS 469.992 by section 17 of this Act do not become operative until the federal government or a state that has entered into an agreement under 42 U.S.C. 2021 exempts from regulation or changes the regulatory status of any radioactive material that is subject to regulation on January 1, 1989. [1991 c.653 §18]