Delaware General Assembly


CHAPTER 432

FORMERLY

HOUSE BILL NO. 584

AS AMENDED BY

HOUSE AMENDMENT NO. 1

&

SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 74, TITLE 16, DELAWARE CODE, RELATING TO THE STORAGE OF RADIOACTIVE MATERIAL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 74, Title 16, Delaware Code, by adding the following section:

§7417. Storage of radioactive material

(a) No facility for deposit, storage, reprocessing, or disposal of spent nuclear fuel elements or high-level radioactive waste material shall be constructed or established in this State unless the Authority on Radiation Protection first finds that it promotes the general good of the State and approves, after a public hearing, a petition for the approval of such facility.

(b) No radioactive waste material shall be held in temporary storage for longer than 5 years.

(c) Whenever the Authority on Radiation Protection finds that the continued presence of a facility for the deposit, storage, reprocessing, or disposal of materials in (a) above is injurious to the public welfare, the Authority shall issue its order shutting the facility and requiring immediate removal of such material.

§7418.

The Authority on Radiation Protection shall not permit the deposit in Delaware for any period of time of spent nuclear fuel elements or radioactive waste material originating in any other state."

Approved July 8, 1978.