T39CH30

Title 39 > T39CH30

Sections (9)

39-3020

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3020. Western Interstate Nuclear Compact. The Western Interstate Nuclear Compact is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows: ARTICLE I. POLICY AND PURPOSE The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the region’s people. ARTICLE II. THE BOARD (a) There is hereby created an agency of the party states to be known as the Western Interstate Nuclear Board (hereinafter called the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation. (b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof. (c) The Board shall have a seal. (d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require. (e) The Executive

39-3021

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3021. Representative on western interstate nuclear board. The member of the western interstate nuclear board representing the state of Idaho shall be appointed by the governor and serve at his pleasure. History: [39-3021, added 1969, ch. 34, sec. 2, p. 61.]

39-3022

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3022. Alternate. The alternate required pursuant to article II(a) of the compact shall be designated by the western interstate nuclear board member representing the state of Idaho, and shall serve at his pleasure in an order specified by him. History: [39-3022, added 1969, ch. 34, sec. 3, p. 61.]

39-3023

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3023. Copies of by-laws to be filed with state officers. Pursuant to article II(j) of the compact, the western interstate nuclear board shall file copies of its by-laws and any amendments thereto with the secretary of state and the executive director of the office of nuclear energy development. History: [39-3023, added 1969, ch. 34, sec. 4, p. 61.]

39-3024

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3024. Persons dispatched to another state. The laws of the state of Idaho and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to article VI of the compact. If the aiding personnel are officers or employees of the state of Idaho or any subdivisions thereof, they shall be entitled to the same workmen’s compensation or other benefits in case of injury or death to which they would have been entitled if injured or killed while engaged in coping with a nuclear incident in their jurisdictions of regular employment. History: [39-3024, added 1969, ch. 34, sec. 5, p. 61.]

39-3025

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3025. Northwest Interstate Compact on Low-level Radioactive Waste Management. The Northwest Interstate Compact on Low-level Radioactive Waste Management is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows: NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT ARTICLE I — Policy and Purpose The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states’ economies will be enhanced while sharing the responsibilities of radioactive low-level waste management. ARTICLE II — Definitions As used in this compact: (1) Facility means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities; (2) Low-level waste means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than ten (10) nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations; (3) Generator means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste; (4) Host state means a state in which a facility is located. ARTICLE III — Regulatory Practices Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requir

39-3026

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3026. Implementation of article III. The state department of environmental quality shall adopt the practices and may impose the fees authorized under article III of the compact, except that the Idaho state police and the public utilities commission shall retain their existing enforcement and inspection authority relating to carriers. The board of environmental quality shall adopt such rules as may be necessary to enable the department of environmental quality to carry out the provisions of this section. History: [39-3026, added 1981, ch. 345, sec. 2, p. 718; am. 2000, ch. 469, sec. 95, p. 1548; am. 2001, ch. 103, sec. 29, p. 273; am. 2007, ch. 83, sec. 5, p. 226.]

39-3027

TITLE 39 HEALTH AND SAFETY CHAPTER 30 RADIATION AND NUCLEAR MATERIAL 39-3027. Law prohibiting use of nuclear energy for generation of electricity prohibited unless submitted to electorate. No law shall be enacted by the State of Idaho to prohibit the use of nuclear energy for the generation of electricity, unless the proposed measure shall have first been submitted to the electorate at the next earliest general election. The results of such submission of the question to the electorate shall be advisory in nature, and shall not prevent the legislature from acting in any manner on the measure. History: [39-3027, added 1982, Init. Measure 3.]

39-3028

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.]