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Code · STATUTE-COMPILATIONS · Uranium Mill Tailings Radiation Control Act of 1978 · Sec. 102

Sec. 102. designation of processing sites

941 words·~4 min read·/statute-compilations/comps-1649/sec-102

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## Sec. 102 designation of processing sites ###
(a)####
(1)As soon as practicable, but no later than one year after enactment of this Act, the Secretary shall designate processing sites at or near the following locations: Salt Lake, Utah Green River, Utah Mexican Hat, Utah Durango, Colorado Grand Junction, Colorado Rifle, Colorado (two sites) Gunnison, Colorado Naturita, Colorado Maybell, Colorado Slick Rock, Colorado (two sites) Shiprock, New Mexico Ambrosia Lake, New Mexico Riverton, Wyoming Converse County, Wyoming Lakeview, Oregon Falls City, Texas Tuba City, Arizona Monument Valley, Arizona Lowman, Idaho Canonsburg, Pennsylvania Subject to the provisions of this title, the Secretary shall complete remedial action at the above listed sites before his authority terminates under this title. The Secretary shall within one year of the date of enactment of this Act also designate all other processing sites within the United States which he determines requires remedial action to carry out the purposes of this title. In making such designation, the Secretary shall consult with the Administrator, the Commission, and the affected States, and in the case of Indian lands, the appropriate Indian tribe and the Secretary of the Interior. ####
(2)As part of his designation under this subsection, the Secretary, in consultation with the Commission, shall determine the boundaries of each such site. ####
(3)No site or structure with respect to which remedial action is authorized under Public Law 92–314 in Grand Junction, Colorado, may be designated by the Secretary as a processing site under this section. ###
(b)Within one year from the date of the enactment of this Act, the Secretary shall assess the potential health hazard to the public from the residual radioactive materials at designated processing sites. Based upon such assessment, the Secretary shall, within such one year period, establish priorities for carrying out remedial action at each such site. In establishing such priorities, the Secretary shall rely primarily on the advice of the Administrator. ###
(c)Within thirty days after making designations of processing sites and establishing the priorities for such sites under this section, the Secretary shall notify the Governor of each affected State, and, where appropriate, the Indian tribes and the Secretary of the Interior. ###
(d)The designations made, and priorities established, by the Secretary under this section shall be final and not be subject to judicial review. ###
(e)####
(1)The designation of processing sites within one year after enactment under this section shall include, to the maximum extent practicable, the areas referred to in section 101(6)(B). ####
(2)Notwithstanding the one year limitation contained in this section, the Secretary may, after such one year period, include any area described in section 101(6)(B) as part of a processing site designated under this section if he determines such inclusion to be appropriate to carry out the purposes of this title. ####
(3)The Secretary shall designate as a processing site within the meaning of section 101(6) any real property, or improvements thereon, in Edgemont, South Dakota that— #####
(A)is in the vicinity of the Tennessee Valley Authority uranium mill site at Edgemont (but not including such site), and #####
(B)is determined by the Secretary to be contaminated with residual radioactive materials. In making the designation under this paragraph, the Secretary shall consult with the Administrator, the Commission and the State of South Dakota. The provisions of this title shall apply to the site so designated in the same manner and to the same extent as to the sites designated under subsection
(a)except that, in applying such provisions to such site, any reference in this title to the date of the enactment of this Act shall be treated as a reference to the date of the enactment of this paragraph and in determining the State share under section 107 of the costs of remedial action, there shall be credited to the State, expenditures made by the State prior to the date of the enactment of this paragraph which the Secretary determines would have been made by the State or the United States in carrying out the requirements of this title. ###
(f)Designation of Moab Site as Processing Site ####
(1)Designation Notwithstanding any other provision of law, the Moab uranium milling site (referred to in this subsection as the “Moab site”) located approximately three miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996 in conjunction with Source Materials License No. SUA–917, is designated as a processing site. ####
(2)Applicability This title applies to the Moab site in the same manner and to the same extent as to other processing sites designated under subsection (a), except that— #####
(A)sections 103, 104(b), 107(a), 112(a), and 115(a) of this title shall not apply; and #####
(B)a reference in this title to the date of the enactment of this Act shall be treated as a reference to the date of the enactment of this subsection. ####
(3)Remediation Subject to the availability of appropriations for this purpose, the Secretary shall conduct remediation at the Moab site in a safe and environmentally sound manner that takes into consideration the remedial action plan prepared pursuant to section 3405(i) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 8720 note; Public Law 105–261), including— #####
(A)ground water restoration; and #####
(B)the removal, to a site in the State of Utah, for permanent disposition and any necessary stabilization, of residual radioactive material and other contaminated material from the Moab site and the floodplain of the Colorado River. **[**[42 U.S.C. 7912](/us/usc/t42/s7912)**]**
Connectionstraces to 2
2 references not yet in our index
  • Pub. L. 92-314
  • Pub. L. 105-261
Citation graph
cites case law
Sec. 102
designation of processing sites
U.S.C.§ 8720
U.S.C.§ 7912
Pub. L.Pub. L. 92-314
Pub. L.Pub. L. 105-261
Cites 4Cited by 0 across 0 sources
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