Title 19 Environmental Quality Code
Chapter 3 Radiation Control Act
Section 302 Legislative intent.
19-3-302. Legislative intent.
(1) (a) The state of Utah enacts this part to prevent the placement of any high-level
nuclear waste or greater than class C radioactive waste in Utah. The state also recognizes that
high-level nuclear waste or greater than class C radioactive waste may be placed within the
exterior boundaries of the state, pursuant to a license from the federal government, or by the
federal government itself, in violation of this state law.
(b) Due to this possibility, the state also enacts provisions in this part to regulate
transportation, transfer, storage, decay in storage, treatment, and disposal of any high-level
nuclear waste and greater than class C radioactive waste in Utah, thereby asserting and protecting
the state's interests in environmental and economic resources consistent with 42 U.S.C.A. 2011 et
seq., Atomic Energy Act and 42 U.S.C.A. 10101 et seq., Nuclear Waste Policy Act, should the
federal government decide to authorize any entity to operate, or operate itself, in violation of this
state law.
(2) Neither the Atomic Energy Act nor the Nuclear Waste Policy Act provides for siting
a large privately owned high-level nuclear waste transfer, storage, decay in storage, or treatment
facility away from the vicinity of the reactors. The Atomic Energy Act and the Nuclear Waste
Policy Act specifically define authorized storage and disposal programs and activities. The state
of Utah in enacting this part is not preempted by federal law, since any proposed facilities that
would be sited in Utah are not contemplated or authorized by federal law and, in any
circumstance, 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 involve
nuclear safety regulation, and which must be considered and complied with in siting a high-level
nuclear 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 from
nonradiological hazards associated with any waste transportation, transfer, storage, decay in
storage, 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 located
on a reservation which directly affects and impacts state interests by creating off-reservation
effects such as potential or actual degradation of soils and groundwater, potential or actual
contamination of surface water, pollution of the ambient air, emergency planning costs, impacts
on development, agriculture, and ranching, and increased transportation activity, is subject to state
jurisdiction.
(6) There is no tradition of regulation by the Indian tribes in Utah of high-level nuclear
waste or higher than class C radioactive waste. The state does have a long history of regulation
of radioactive sources and natural resources and in the transfer, storage, treatment, and
transportation of materials and wastes throughout the state. The state finds that its interests are
even greater when nonmembers of an Indian tribe propose to locate a facility on tribal trust lands
primarily to avoid state regulation and state authorities under federal law.
(7) (a) This part is not intended to modify existing state requirements for obtaining
environmental approvals, permits, and licenses, including surface and groundwater permits and
air quality permits, when the permits are necessary under state and federal law to construct and
operate 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 sources
located within the boundaries of an Indian reservation, which will potentially or actually have a
direct and significant impact on ambient air within the state, is required to obtain an approval
order 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's
surface or groundwater resources is required to obtain a permit under Section 19-5-107 even if
located 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 the
state is an ultra-hazardous activity which carries with it the risk that any release of waste may
result in enormous economic and human injury.
Amended by Chapter 107, 2001 General Session
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