[Rev. 11/22/2013 3:21:41 PM--2013]

HAZARDOUS MATERIALS

DISPOSAL SITES FOR RADIOACTIVE MATERIALS ACT

Chapter 374, Statutes of Nevada 1961

AN ACT authorizing the Director of the State Department of Conservation and Natural Resources to acquire certain lands from the Federal Government and other owners and the Director of Human Resources to arrange for their use for the purpose of disposing of radioactive materials; providing limitations; providing for perpetual care and maintenance upon closure of the burial site; and providing other matters properly relating thereto.

(Ch. 374, Stats. 1961 p. 756; ACh. 43, Stats. 1977 p. 113)

[Approved: April 7, 1961]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

Section 1.  Acquisition of land.  The Director of the State Department of Conservation and Natural Resources may, with the approval of the Governor, acquire by purchase or by exchange of state lands on behalf of the State of Nevada from the Federal Government and any other person or entity which may have an interest therein title to all or any part of the lands described in section 2 of this act for the purposes provided in section 4 of this act on such terms as may be provided by federal law or regulation or by the contract of sale between the parties.

(Ch. 374, Stats. 1961 p. 756)

Sec. 2.  Description of land to be acquired.  Such lands are located in Nye County, State of Nevada, and are particularly described as follows:

Township 13 South, Ranges 46 and 47 East, and Township 14 South, Range 47 East, M.D.B. & M.

(Ch. 374, Stats. 1961 p. 757)

Sec. 3.  Relinquishment of right to purchase land.  The Director of the State Department of Conservation and Natural Resources may, on behalf of the State of Nevada, relinquish all rights, powers and privileges it may have to purchase any portion of such lands from the Federal Government. Any such relinquishment shall be subject to the approval of the Governor, shall provide that no claims or rights to such lands may be asserted at any time, and shall be forwarded to the Secretary of the Interior.

(Ch. 374, Stats. 1961 p. 757)

Sec. 4.  Agreements to provide areas for disposal of low-level radioactive waste or chemical and other hazardous waste; term of certain agreements; certain land closed to public; regulations of State Board of Health.

1.  The Director of the Department of Human Resources may enter into agreements relating to any of the lands described in section 2 of this act for the purpose of providing areas to dispose of low-level radioactive waste materials by burial, and for related purposes.

2.  No such agreement may extend for more than 99 years.

3.  The Director of the Department of Human Resources may set off any of the lands described in section 2 of this act to be used by the Director of the State Department of Conservation and Natural Resources for the disposal of chemical and other hazardous waste materials.

4.  The Director of the State Department of Conservation and Natural Resources may enter into agreements relating to any of the lands set off pursuant to subsection 3 for the purpose of providing areas to dispose of chemical and other hazardous waste materials by burial, and for related purposes.

5.  All lands used as provided in subsection 1 shall be closed to the public, in a manner which the Director of the Department of Human Resources shall prescribe, during the term of the lease or agreement and thereafter until all danger to public health arising from such use no longer exists.

6.  Regulations adopted by the State Board of Health for the control of disposal sites immediately become part of each agreement entered into pursuant to subsection 1.

(Ch. 374, Stats. 1961 p. 757; ACh. 43, Stats. 1977 p. 112; Ch. 116, Stats. 1981 p. 236; Ch. 457, Stats. 1981 p. 889)

Sec. 5.  Radioactive Materials Disposal Fund.

1.  There is hereby created in the State Treasury a continuing fund designated the Radioactive Materials Disposal Fund.

2.  All moneys received by the Director of the Department of Human Resources as a result of leases or agreements entered into pursuant to the provisions of this act or of fees, interest or civil penalties arising from waste disposal shall be deposited in the Radioactive Materials Disposal Fund until the amount remaining in the fund is, in the opinion of the Director and the Governor, sufficient to accomplish the purposes of this act. All moneys received in excess of that amount shall be deposited in the general fund in the State Treasury.

3.  Moneys in the Radioactive Materials Disposal Fund shall be used to pay the purchase price, as determined by appraisal, of the lands described in section 2 of this act, and for any other expenses necessarily incurred by the Director of the Department of Human Resources in carrying out the provisions of this act, including administrative and regulatory expenses in amounts authorized by the Legislature and the costs of providing protection at the termination of any lease or agreement which is necessary in the interests of public health and welfare.

4.  At the request of the Director of the Department of Human Resources, the State Board of Finance may invest any amount of money in the Radioactive Materials Disposal Fund in excess of $5,000 in short-term obligations. Upon the advice of the Director that it is necessary or advisable to convert all or a part of the obligations into cash the State Board of Finance shall effect the conversion to the extent necessary, and the moneys shall be redeposited in the Radioactive Materials Disposal Fund.

(Ch. 374, Stats. 1961 p. 757; ACh. 443, Stats. 1963 p. 1192; Ch. 43, Stats. 1977 p. 112)

Sec. 6.  Effective date.  This act shall become effective upon passage and approval.

(Ch. 374, Stats. 1961 p. 757)