State Codes and Statutes
Statutes > Utah > Title-19 > Chapter-03 > 19-3-30219-3-302. Legislative intent.
(1) (a) The state of Utah enacts this part to prevent the placement of any high-levelnuclear waste or greater than class C radioactive waste in Utah. The state also recognizes thathigh-level nuclear waste or greater than class C radioactive waste may be placed within theexterior boundaries of the state, pursuant to a license from the federal government, or by thefederal government itself, in violation of this state law.
(b) Due to this possibility, the state also enacts provisions in this part to regulatetransportation, transfer, storage, decay in storage, treatment, and disposal of any high-levelnuclear waste and greater than class C radioactive waste in Utah, thereby asserting and protectingthe state's interests in environmental and economic resources consistent with 42 U.S.C.A. 2011 etseq., Atomic Energy Act and 42 U.S.C.A. 10101 et seq., Nuclear Waste Policy Act, should thefederal government decide to authorize any entity to operate, or operate itself, in violation of thisstate law.
(2) Neither the Atomic Energy Act nor the Nuclear Waste Policy Act provides for sitinga large privately owned high-level nuclear waste transfer, storage, decay in storage, or treatmentfacility away from the vicinity of the reactors. The Atomic Energy Act and the Nuclear WastePolicy Act specifically define authorized storage and disposal programs and activities. The stateof Utah in enacting this part is not preempted by federal law, since any proposed facilities thatwould be sited in Utah are not contemplated or authorized by federal law and, in anycircumstance, this part is not contrary to or inconsistent with federal law or Congressional intent.
(3) The state of Utah has environmental and economic interests which do not involvenuclear safety regulation, and which must be considered and complied with in siting a high-levelnuclear waste or greater than class C radioactive waste transfer, storage, decay in storage,treatment, or disposal facility and in transporting these wastes in the state.
(4) An additional primary purpose of this part is to ensure protection of the state fromnonradiological hazards associated with any waste transportation, transfer, storage, decay instorage, treatment, or disposal.
(5) The state recognizes the sovereign rights of Indian tribes within the state of Utah. However, any proposed transfer, storage, decay in storage, treatment, or disposal facility locatedon a reservation which directly affects and impacts state interests by creating off-reservationeffects such as potential or actual degradation of soils and groundwater, potential or actualcontamination of surface water, pollution of the ambient air, emergency planning costs, impactson development, agriculture, and ranching, and increased transportation activity, is subject to statejurisdiction.
(6) There is no tradition of regulation by the Indian tribes in Utah of high-level nuclearwaste or higher than class C radioactive waste. The state does have a long history of regulationof radioactive sources and natural resources and in the transfer, storage, treatment, andtransportation of materials and wastes throughout the state. The state finds that its interests areeven greater when nonmembers of an Indian tribe propose to locate a facility on tribal trust landsprimarily to avoid state regulation and state authorities under federal law.
(7) (a) This part is not intended to modify existing state requirements for obtainingenvironmental approvals, permits, and licenses, including surface and groundwater permits andair quality permits, when the permits are necessary under state and federal law to construct andoperate a high-level nuclear waste or greater than class C radioactive waste transfer, storage,decay in storage, treatment, or disposal facility.
(b) Any source of air pollution proposed to be located within the state, including sourceslocated within the boundaries of an Indian reservation, which will potentially or actually have adirect and significant impact on ambient air within the state, is required to obtain an approvalorder and permit from the state under Section 19-2-108.
(c) Any facility which will potentially or actually have a significant impact on the state'ssurface or groundwater resources is required to obtain a permit under Section 19-5-107 even iflocated within the boundaries of an Indian reservation.
(8) The state finds that the transportation, transfer, storage, decay in storage, treatment,and disposal of high-level nuclear waste and greater than class C radioactive waste within thestate is an ultra-hazardous activity which carries with it the risk that any release of waste mayresult in enormous economic and human injury.
Amended by Chapter 107, 2001 General Session
