34-21C-1      Definition of terms.
34-21C-2      Regulation of radioactive materials below regulatory concern.
34-21C-3      Applications unaffected.

34-21C-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Facility approved by the state," 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 materials. Such approval shall include certification by the appropriate state agencies that the facility complies with all applicable state and federal laws and regulations pertaining to radioactive and hazardous materials and wastes, air and water pollution control, and any other environmental and fiscal responsibility laws and regulations; and

(2)    "Radioactive materials," any radioactive waste or other radioactive materials resulting from activities of the United States government, including the Nuclear Regulatory Commission, its contractors and licensees, or agreement states, their contractors and licensees, which required regulatory control or a specific license or both as of January 1, 1989, regardless of whether the waste or material has been exempted from regulatory control after that date. Radioactive materials do not include naturally-occurring radionuclides, uranium mill tailings, high-level radioactive waste, or consumer products.

Source: SL 1993, ch 248, § 1.

34-21C-2. Regulation of radioactive materials below regulatory concern.

Notwithstanding any declaration by the United States government that certain radioactive materials, wastes, sites, and practices may be exempt from regulatory control or below regulatory concern, no radioactive materials may be recycled, stored, incinerated, treated, used, or released for unrestricted use, or disposed of in this state except at a facility approved by the Board of Minerals and Environment expressly for the recycling, storage, incineration, treatment, use, or disposal respectively of radioactive materials.

Source: SL 1993, ch 248, § 2.

34-21C-3. Applications unaffected.

The provisions of this chapter do not apply to radioactive materials used in the provision of diagnostic and therapeutic services to humans, biomedical research radioactive materials used in South Dakota higher education institutions for instructional and research activities that are licensed by the United States Nuclear Regulatory Commission.

Source: SL 1993, ch 248, § 4.