CHAPTER  § 34-21B-3.
Southwestern Low-Level Radioactive Waste Disposal compact.
 
The Legislature of the state of South Dakota hereby enacts and ratifies
the agreement set forth in this section and designates this compact as
the "Southwestern Low-Level Radioactive Waste Disposal Compact,"
which is entered into pursuant to the Low-Level Radioactive Waste
Policy Act, 42 U.S.C. §§ 202lb to 2021d, inclusive. This compact shall
become effective in accordance with article 7 of the compact as set forth
in this section. The provisions of the southwestern low-level radioactive waste
disposal compact are as follows:

ARTICLE 1. COMPACT POLICY AND FORMATION 


The party states hereby find and declare all of the following:
    (A) The United States Congress, by enacting the Low-Level
 Radioactive Waste Policy Act, Public Law 96-573, as amended by the
 Low-Level Radioactive Waste Policy Amendments Act of 1985 (42
 U.S.C. §§ 2021b to 2021j, inclusive), has encouraged the use of
 interstate compacts to provide for the establishment and operation of
  facilities for regional management of low-level radioactive waste.
  (B) It is the purpose of this compact to provide the means for such a
 cooperative effort between or among party states to protect the citizens
 of the states and the states' environments.
  (C) It is the policy of party states to this compact to encourage the
   reduction of the volume of low-level radioactive waste requiring
  disposal within the compact region.
 (D) It is the policy of the party states that the protection of the health
  and safety of their citizens and the most ecological and economical
   management of low-level radioactive wastes can be accomplished
  through cooperation of the states by minimizing the amount of handling
 and transportation required to dispose of these wastes and by
 providing facilities that serve the compact design.
 (E) Each party state, if an agreement state pursuant to § 2021 of title 42
of the United States Code, or the nuclear regulatory commission if not
 an agreement state, is responsible for the primary regulation of
 radioactive materials within its jurisdiction.
 

               ARTICLE 2. DEFINITIONS
 As used in this compact, unless the context clearly indicates otherwise,
              the following definitions apply:
 (A) "Commission," means the southwestern low-level radioactive waste
       commission established in article 3 of this compact.
  (B) "Compact region" or "region," means the combined geographical
         area within the boundaries of the party states.
 (C) "Disposal," means the permanent isolation of low-level radioactive
 waste pursuant to requirements established by the nuclear regulatory
 commission and the environmental protection agency under applicable
    laws, or by a party state if that state hosts a disposal facility.
  (D) "Generate," when used in relation to low-level radioactive waste,
         means to produce low-level radioactive waste.
    (E) "Generator," means a person whose activity, excluding the
 management of low-level radioactive waste, results in the production of
               low-level radioactive waste.
(F) "Host county," means a county, or other similar political subdivision
 of a party state, in which a regional disposal facility is located or being
                     developed.
   (G) "Host state," means a party state in which a regional disposal
 facility is located or being developed. The state of California is the host
   state under this compact for the first thirty years from the date the
     California regional disposal facility commences operations.
(H) "Institutional control period," means that period of time in which the
  facility license is transferred to the disposal site owner in compliance
    with the appropriate regulations for long-term observation and
         maintenance following the post-closure period.
 (I) "Low-level radioactive waste," means regulated radioactive material
          that meets all of the following requirements.
 (1) The waste is not high-level radioactive waste, spent nuclear fuel, or
 by-product material (as defined in section 11e(2) of the Atomic Energy
            Act of 1954 (42 U.S.C. § 2014(e) (2)).
       (2) The waste is not uranium mining or mill tailings.
  (3) The waste is not any waste for which the federal government is
 responsible pursuant to subdivision (b) of section 3 of the Low-Level
   Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. §
                     2021c(b)).
 (4) The waste is not an alpha emitting transuranic nuclide with a half-life
   greater than five years and with a concentration greater than one
  hundred nanocuries per gram, or plutonium-241 with a concentration
   greater than three thousand five hundred nanocuries per gram,  or
    curium-242 with a concentration greater than twenty thousand
                 nanocuries per gram.
 (J) "Management," means collection, consolidation, storage, packaging
                    or treatment.
  (K) "Major generator state," means a party state which generates ten
  percent of the total amount of low-level radioactive waste produced
  within the compact region and disposed of at the regional disposal
  facility. If no party state other than California generates at least ten
  percent of the total amount, "major generator state" means the party
  state which is second to California in the amount of waste produced
  within the compact region and disposed of at the regional disposal
                      facility.
   (L) "Operator," means a person who operates a regional disposal
                      facility.
    (M) "Party state," means any state that has become a party in
           accordance with article 7 of this compact.
  (N) "Person," means an individual, corporation, partnership, or other
            legal entity, whether public or private.
 (O) "Postclosure period," means that period of time after completion of
  closure of a disposal facility during which the licensee shall observe,
   monitor, and carry out necessary maintenance and repairs at the
disposal facility to assure that the disposal facility will remain stable and
  will not need ongoing active maintenance. This period ends with the
         beginning of the institutional control period.
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(P) "Regional disposal facility," means a nonfederal low-level
radioactive waste disposal facility established and operated under this
compact.
(Q) "Site closure and stabilization," means the activities of the disposal
facility operator taken at the end of the disposal facility's operating life
to assure the continued protection of the public from any residual
radioactive or other potential hazards present at the disposal facility.
(R) "Transporter," means a person who transports low-level radioactive
waste.
(S) "Uranium mine and mill tailings," means waste resulting from mining
and processing of ores containing uranium.
 

             ARTICLE 3. THE COMMISSION
 (A) There is hereby established the southwestern low-level radioactive
                  waste commission.
 (1) The commission shall consist of one voting member from each party
 state to be appointed by the governor, confirmed by the senate of the
 party state, and to serve at the pleasure of the governor of each party
  state, and one voting member from the host county. The appointing
 authority of each party state shall notify the commission in writing of
the identity of the member and of any alternates. An alternate may act in
                 the member's absence.
  (2) The host state shall also appoint that number of additional voting
  members of the commission which is necessary for the host state's
members to compose at least fifty-one percent of the membership on the
 commission. The host state's additional members shall be appointed by
   the host state governor and confirmed by the host state senate.
  If there is more than one host state, only the state in which is located
  the regional disposal facility actively accepting low-level radioactive
 waste pursuant to this compact may appoint these additional members.
 (3) If the host county has not been selected at the time the commission
  is appointed, the governor of the host state shall appoint an interim
 local government member, who shall be an elected representative of a
  local government. After a host county is selected, the interim local
  government member shall resign and the governor shall appoint the
  host county member pursuant to paragraph (4) of this subdivision.
 (4) The governor shall appoint the host county member from a list of at
least seven candidates compiled by the board of supervisors of the host
                      county.
 (5) In recommending and appointing the host county member pursuant
 to paragraph (4) of this subdivision, the board of supervisors and the
 governor shall give first consideration to recommending and appointing
  the member of the board of supervisors in whose district the regional
    disposal facility is located or being developed. If the board of
 supervisors of the host county does not provide a list to the governor
 of at least seven candidates from which to choose, the governor shall
  appoint a resident of the host county as the host county member.
 (6) The host county member is subject to confirmation by the senate of
  that party state and shall serve at the pleasure of the governor of the
                     host state.
 (B) The commission is a legal entity separate and distinct from the party
 states and shall be so liable for its actions. Members of the commission
 shall not be personally liable for actions taken in their official capacity.
  The liabilities of the commission shall not be deemed liabilities of the
                    party states.
 (C) The commission shall conduct its business affairs pursuant to the
  laws of the host state and disputes arising out of commission action
 shall be governed by the laws of the host state. The commission shall
  be located in the capital city of the host state in which the regional
               disposal facility is located.
 (D) The commission's records shall be subject to the host state's public
  records law, and the meetings of the commission shall be open and
    public in accordance with the host state's open meeting law.
 (E) The commission members are public officials of the appointing state
 and shall be subject to the conflict of interest laws, as well as any other
    law, of the appointing state. The commission members shall be
       compensated according to the appointing state's law.
 (F) Each commission member is entitled to one vote. A majority of the
  commission constitutes a quorum. Unless otherwise provided in this
 compact, a majority of the total number of votes on the commission is
        necessary for the commission to take any action.
   (G) The commission has all of the following duties and authority:
 (1) The commission shall do, pursuant to the authority granted by this
  compact, whatever is reasonably necessary to ensure that low-level
   radioactive wastes are safely disposed of and managed within the
                      region.
  (2) The commission shall meet at least once a year and otherwise as
                  business requires.
 (3) The commission shall establish a compact surcharge to be imposed
  upon party state generators. The surcharge shall be based upon the
  cubic feet of low-level radioactive waste and the radioactivity of the
 low-level radioactive waste and shall be collected by the operator of the
                   disposal facility.
The host state shall set, and the commission shall impose, the surcharge
   after congressional approval of the compact. The amount of the
 surcharge shall be sufficient to establish and maintain at a reasonable
          level funds for all of the following purposes:
     (a) The activities of the commission and commission staff.
  (b) At the discretion of the host state, a third-party liability fund to
  provide compensation for injury to persons or property during the
  operational, closure, stabilization, and postclosure and institutional
control periods of the regional disposal facility. This subparagraph does
 not limit the responsibility or liability of the operator, who shall comply
    with any federal or host state statutes or regulations regarding
                third-party liability claims.
    (c) A local government reimbursement fund, for the purpose of
 reimbursing the local government entity or entities hosting the regional
   disposal facility for any costs or increased burdens on the local
 governmental entity for services, including, but not limited to, general
 fund expenses, the improvement and maintenance of roads and bridges,
fire protection, law enforcement, monitoring by local health officials, and
   emergency preparation and response related to the hosting of the
                regional disposal facility.
   (4) The surcharges imposed by the commission for purposes of
  subparagraphs (b) and (c) of paragraph (3) of this subdivision and
 surcharges pursuant to paragraph (3) of subdivision (E) of article 4 of
 this compact shall be transmitted on a monthly basis to the host state
           for distribution to the proper accounts.
 (5) The commission shall establish a fiscal year which conforms to the
       fiscal years of the party states to the extent possible.
 (6) The commission shall keep an accurate account of all receipts and
disbursements. An annual audit of the books of the commission shall be
 conducted by an independent certified public accountant, and the audit
  report shall be made a part of the annual report of the commission.
  (7) The commission shall prepare and include in the annual report a
   budget showing anticipated receipts and disbursements for the
                 subsequent fiscal year.
   (8) The commission may accept any grants, equipment, supplies,
 materials, or services, conditional or otherwise, from the federal or state
 government. The nature, amount and condition, if any, of any donation,
 grant, or other resources accepted pursuant to this paragraph and the
 identity of the donor or grantor shall be detailed in the annual report of
                   the commission.
    However, the host state shall receive, for the uses specified in
 subparagraph (E) of paragraph (2) of subsection (d) of section 2021e of
 title 42 of the United States Code, any payments paid from the special
 escrow account for which the secretary of energy is trustee pursuant to
 subparagraph (A) of paragraph (2) of subsection (d) of section 2021e of
             title 42 of the United States Code.
 (9) The commission shall submit communications to the governors and
  the presiding officers of the legislatures of the party states regarding
   the activities of the commission, including an annual report to be
 submitted on or before January fifteenth of each year. The commission
 shall include in the annual report a review of, and recommendations for,
  low-level radioactive waste disposal methods which are alternative
 technologies to the shallow land burial of low-level radioactive waste.
  (10) The commission shall assemble and make available to the party
 states, and to the public, information concerning low-level radioactive
      waste management needs, technologies and problems.
  (11) The commission shall keep a current inventory of all generators
within the region, based upon information provided by the party states.
   (12) The commission shall keep a current inventory of all regional
 disposal facilities, including information on the size, capacity, location,
 specific low-level radioactive wastes capable of being managed, and the
      projected useful life and each regional disposal facility.
(13) The commission may establish advisory committees for the purpose
   of advising the commission on the disposal and management of
               low-level radioactive waste.
 (14) The commission may enter into contracts to carry out its duties and
  authority, subject to projected resources. No contract made by the
            commission shall bind a party state.
    (15) The commission shall prepare contingency plans, with the
   cooperation and approval of the host state, for the disposal and
   management of low-level radioactive waste in the event that any
          regional disposal facility should be closed.
 (16) The commission may sue and be sued and, when authorized by a
majority vote of the members, may seek to intervene in an administrative
         or judicial proceeding related to this compact.
    (17) The commission shall be managed by an appropriate staff,
 including an executive director. Notwithstanding any other provision of
    law, the commission may hire or retain, or both, legal counsel.
 (18) The commission may, subject to applicable federal and state laws,
 recommend to the appropriate host state authority suitable land and rail
    transportation routes for low-level radioactive waste carriers.
  (19) The commission may enter into an agreement to import low-level
    radioactive waste into the region only if both of the following
                 requirements are met:
(a) The commission approves the importation agreement by a two-thirds
                vote of the commission.
  (b) The commission and the host state assess the affected regional
  disposal facilities' capability to handle imported low-level radioactive
 wastes and any relevant environmental or economic factors, as defined
       by the host state's appropriate regulatory authorities.

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(20) The commission may, upon petition, allow an individual generator,
a group of generators, or the host state of the compact, to export
low-level radioactive wastes to a low-level radioactive waste disposal
facility located outside the region. The commission may approve the
petition only by a two-thirds vote of the commission. The permission to
export low-level radioactive wastes shall be effective for that period of
time and for the amount of low-level radioactive waste, and subject to
any other term or condition, which may be determined by the
commission.
(21) The commission may approve, only by a two-thirds vote of the
commission, the exportation outside the region of material, which
otherwise meets the criteria of low-level radioactive waste, if the sole
purpose of the exportation is to process the material for recycling.
(22) The commission shall, not later than ten years before the closure of
the initial or subsequent regional disposal facility, prepare a plan for the
establishment of the next regional disposal facility.
 

  ARTICLE 4. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF
                  PARTY STATES
(A) There shall be regional disposal facilities sufficient to dispose of the
      low-level radioactive waste generated within the region.
  (B) Low-level radioactive waste generated within the region shall be
  disposed of at regional disposal facilities and each party state shall
  have access to any regional disposal facility without discrimination.
  (C) (1) Upon the effective date of this compact, the state of California
 shall serve as the host state and shall comply with the requirements of
 subdivision (E) of this article for at least thirty years from the date the
 regional disposal facility begins to accept low-level radioactive waste
for disposal. The extension of the obligation and duration shall be at the
              option of the state of California.
 If the state of California does not extend this obligation, the party state,
 other than the state of California, which is the largest major generator
 state shall then serve as the host state for the second regional disposal
                      facility.
 The obligation of a host state which hosts the second regional disposal
 facility shall also run for thirty years from the date the second regional
             disposal facility begins operations.
    (2) The host state may close its regional disposal facility when
            necessary for public health or safety.
  (D) The party states of this compact cannot be members of another
 regional low-level radioactive waste compact entered into pursuant to
the low-level radioactive waste policy act, as amended by the Low-Level
 Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. §§ 2021b
                  to 2021j, inclusive).
          (E) A host state shall do all of the following:
 (1) Cause a regional disposal facility to be developed on a timely basis.
   (2) Ensure by law, consistent with any applicable federal laws, the
  protection and preservation of public health and safety in the siting,
    design, development, licensing, regulation, operation, closure,
 decommissioning, and long-term care of the regional disposal facilities
                   within the state.
(3) Ensure that charges for disposal of low-level radioactive waste at the
   regional disposal facility are reasonably sufficient to do all of the
                     following:
    (a) Ensure the safe disposal of low-level radioactive waste and
         long-term care of the regional disposal facility.
   (b) Pay for the cost of inspection, enforcement, and surveillance
           activities at the regional disposal facility.
 (c) Assure that charges are assessed without discrimination as to the
                 party state of origin.
  (4) Submit an annual report to the commission on the status of the
    regional disposal facility including projections of the facility's
               anticipated future capacity.
    (5) The host state and the operator shall notify the commission
  immediately upon the occurrence of any event which could cause a
 possible temporary or permanent closure of a regional disposal facility.
  (F) Each party state is subject to the following duties and authority:
   (1) To the extent authorized by federal law, each party state shall
 develop and enforce procedures requiring low-level radioactive waste
  shipments originating within its borders and destined for a regional
    disposal facility to conform to packaging and transportation
 requirements and regulations. These procedures shall include, but are
         not limited to, all of the following requirements:
    (a) Periodic inspections of packaging and shipping practices.
 (b) Periodic inspections of low-level radioactive waste containers while
              in the custody of transporters.
   (c) Appropriate enforcement actions with respect to violations.
 (2) A party state may impose a surcharge on the low-level radioactive
   waste generators within the state to pay for activities required by
             paragraph (1) of this subdivision.
 (3) To the extent authorized by federal law, each party state shall, after
 receiving notification from a host state that a person in a party state has
   violated packaging, shipping, or transportation requirements or
 regulations, take appropriate actions to ensure that these violations do
 not continue. Appropriate actions may include, but are not limited to,
   requiring that a bond be posted by the violator to pay the cost of
    repackaging at the regional disposal facility and prohibit future
          shipments to the regional disposal facility.
 (4) Each party state shall maintain a registry of all generators within the
 state that may have low-level radioactive waste to be disposed of at a
  regional disposal facility, including, but not limited to, the amount of
 low-level radioactive waste and the class of low-level radioactive waste
               generated by each generator.
  (5) Each party state shall encourage generators within its borders to
 minimize the volume of low-level radioactive waste requiring disposal.
 (6) Each party state may rely on the good faith performance of the other
 party states to perform those acts which are required by this compact to
  provide regional disposal facilities, including the use of the regional
     disposal facilities in a manner consistent with this compact.
  (7) Each party state shall provide the commission with any data and
   information necessary for the implementation of the commission's
 responsibilities, including taking those actions necessary to obtain this
                  data or information.
  (8) Each party state shall agree that only low-level radioactive waste
 generated within the jurisdiction of the party states shall be disposed of
 in the regional disposal facility, except as provided in paragraph (19) of
          subdivision (G) of article 3 of this compact.
 (9) Each party state shall agree that if there is any injury to persons or
 property resulting from the operation of a regional disposal facility, the
  damages resulting from the injury may be paid from the third-party
    liability fund pursuant to subparagraph (b) of paragraph (3) of
 subdivision (G) of article 3 of this compact, only to the extent that the
 damages exceed the limits of liability insurance carried by the operator.
 No party state, by joining this compact, assumes any liability resulting
 from the siting, operation, maintenance, long-term care, or other activity
 relating to a regional facility, and no party state shall be liable for any
 harm or damage resulting from a regional facility not located within the
                      state.
 

      ARTICLE 5. APPROVAL OF REGIONAL FACILITIES
   A regional disposal facility shall be approved by the host state in
 accordance with its laws. This compact does not confer any authority
 on the commission regarding the siting, design, development, licensure,
  or other regulation, or the operation, closure, decommissioning, or
  long-term care of, any regional disposal facility within a party state.
 

       ARTICLE 6.  PROHIBITED ACTS AND PENALTIES
 (A) No person shall dispose of low-level radioactive waste within the
  region unless the disposal is at a regional disposal facility, except as
  otherwise provided in paragraphs (20) and (21) of subdivision (G) of
                article 3 of this compact.
  (B) No person shall dispose of or manage any low-level radioactive
  waste within the region unless the low-level radioactive waste was
 generated within the region, except as provided in paragraphs (19), (20),
      and (21) of subdivision (G) of article 3 of this compact.
  (C) Violations of this section shall be reported to the appropriate law
      enforcement agency within the party state's jurisdiction.
 (D) Violations of this section may result in prohibiting the violator from
disposing of low-level radioactive waste in the regional disposal facility,
       as determined by the commission or the host state.
 

 ARTICLE 7. ELIGIBILITY, ENTRY INTO EFFECT, CONGRESSIONAL
          CONSENT, WITHDRAWAL, EXCLUSION
 (A) The states of Arizona, North Dakota, South Dakota, and California
 are eligible to become parties to this compact. Any other state may be
 made eligible by a majority vote of the commission and ratification by
    the legislatures of all of the party states by statute, and upon
  compliance with those terms and conditions for eligibility which the
  host state may establish. The host state may establish all terms and
 conditions for the entry of any state, other than the states named in this
          subparagraph, as a member of this compact.
  (B) Upon compliance with the other provisions of this compact, an
 eligible state may become a party state by legislative enactment of this
compact or by executive order of the governor of the state adopting this
 compact. A state becoming a party state by executive order shall cease
 to be a party state upon adjournment of the first general session of its
 legislature convened after the executive order is issued, unless before
       the adjournment the legislature enacts this compact.
  (C) A party state, other than the host state, may withdraw from the
    compact by repealing the enactment of this compact, but this
 withdrawal shall not become effective until two years after the effective
   date of the repealing legislation. If a party state which is a major
 generator of low-level radioactive waste voluntarily withdraws from the
     compact pursuant to this subdivision, that state shall make
   arrangements for the disposal of the other party states' low-level
  radioactive waste for a time period equal the period of time it was a
                member of this compact.
 If the host state withdraws from the compact, the withdrawal shall not
 become effective until five years after the effective date of the repealing
                     legislation.

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(D) A party state may be excluded from this compact by a two-thirds
vote of the commission members, acting in a meeting, if the state to be
excluded has failed to carry out any obligations required by compact.
(E) This compact shall take effect upon the enactment by statute by the
legislature of the state of California and at least one other eligible state
and upon the consent of congress and shall remain in effect until
otherwise provided by federal law. This compact is subject to review by
congress and the withdrawal of the consent of congress every five
years after its effective date, pursuant to federal law.
 

       ARTICLE 8. CONSTRUCTION AND SEVERABILITY
 (A) The provisions of this compact shall be broadly construed to carry
 out the purposes of the compact, but the sovereign powers of a party
          state shall not be infringed unnecessarily.
  (B) This compact does not affect any judicial proceeding pending on
             the effective date of this compact.
  (C) If any provision of this compact or the application thereof to any
 person or circumstances is held invalid, that invalidity shall not affect
  other provisions or applications of the compact which can be given
 effect without the invalid provision or application, and to this end the
           provisions of this compact are severable.
   (D) Nothing in this compact diminishes or otherwise impairs the
    jurisdiction, authority, or discretion of either of the following:
 (1) The nuclear regulatory commission pursuant to the Atomic Energy
 Act of 1954, as amended to January 1, 1989 (42 U.S.C. § 2011 et seq.).
 (2) An agreement state under section 274 of the Atomic Energy Act of
      1954, as amended to January 1, 1989 (42 U.S.C. § 2021).
 (E) Nothing in this compact confers any new authority on the states or
           commission to do any of the following:
  (1) Regulate the packaging or transportation of low-level radioactive
   waste in a manner inconsistent with the regulations of the nuclear
     regulatory commission or the United States department of
                   transportation.
   (2) Regulate health, safety, or environmental hazards from source,
           by-product, or special nuclear material.
 (3) Inspect the activities of licensees of the agreement states or of the
              nuclear regulatory commission.
 

Source:  SL 1989, ch 295, § 2.

                ——————————
 

                  CHAPTER 34-21C.

         REGULATION OF RADIOACTIVE WASTE
 

 
                 Section

 
                 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.