Download or read book Attorney General Opinion No. 1987-043 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Low-level radioactive waste is specifically exempted from the definition of "hazardous waste" found in K.S.A. 65-3430(f) and, as such, is not precluded from underground burial pursuant to K.S.A. 65-3458. It is likely a ban on the disposal of low-level radioactive waste in Kansas would be found inconsistent with the terms of the Central Interstate Low-Level Radioactive Waste Compact (Compact), K.S.A. 65-34a01 e̲t̲ s̲e̲q̲. Such a finding could expose Kansas to the membership revocation penalties of the Compact. Withdrawing from the Compact this year may cost the state as much as $25 million. Should Kansas delay beyond this year and then withdraw, these costs may increase. If Kansas remains in the Compact, costs have been estimated to be $5 million. A decision to pull Kansas out of the Compact guarantees a waste management facility in the state. Any attempt to limit disposal in such a facility to Kansas generated waste must be in conformity with federal law, which requires "emergency access" by out-of-state generators, and waste from certain federal generators. This opinion is intended to aid the Legislature in making an informed decision regarding the Compact. Cited herein: K.S.A. 1986 Supp. 48-1622; K.S.A. 65-3430; K.S.A. 1986 Supp. 65-3458; 65-34a01 e̲t̲ s̲e̲q̲.; 42 U.S.C. section 2011 e̲t̲ s̲e̲q̲.; 42 U.S.C. section 2014; P.L. 99-240; 40 C.F.R. section 261.4 (7-1-86 Edition); U.S. Const., Art. I, Sec. 8, cl. 3; Art. VI; 126 Congr. Reg. 33, 966 (1980).