ML20209G945
| ML20209G945 | |
| Person / Time | |
|---|---|
| Issue date: | 07/26/1985 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Pedersen V PROVO, UT |
| Shared Package | |
| ML20209G768 | List: |
| References | |
| FOIA-85-583 NUDOCS 8509190757 | |
| Download: ML20209G945 (2) | |
Text
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- Mr. Victor H. Pedersen, Chairman Provo Township Board of Supervisors Box 480 Provo. South Dakota 57774
Dear Mr. Pedersen:
Your letter dated June 11, 1985 to the U.S. Department of Justice concerning the authority of a township to restrict the establishment of a conaercbl shallow land burial facility for low-level radioactive waste has been referred to this office for reply.
Under the Atomic Energy Act, as amended, the U.S. Nuclear Regulatory Comission is responsible for protecting the radiological health and safety of the public. Thus, in order to establish a land disposal facility for low-level radioactive waste, Chem-fluclear Systems must obtain an i;RC license under Part 61 of the Comission's regulations, a copy of which is enclosed. Chem-Nuclear Systens must comply with any applicable provisions of State and local law that are not preempted under the Atomic Energy Act. (See, Pacific Gas and Electric Co., et al.
- v. State Energy Resources Conservation and Development Comission, et al., Docket No. 81-1945, 461 U.S. 190, April 20, 1953.
Your concerns appear to involve such questions as'the powers of an organized township to establish zoning requirements to control the uses which may be made of lands located within the township and the extent to which an organized township may be immune from suit. Since these issues present questions of State rather than Federal law, you may wish to contact South Dakota's Attorney General to determine what options the township has under South Dakota law.
Sincerely, 8509190757 850904 L. . . e ~ " ~'cA h1 PDR FOIA p, yayao M y PAY 85-503 PDR G. Wayne Kerr, Director Otfice of State Programs
Enclosure:
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- l Jgne 11, 1985 U.S. Department of Justice land and Natural Resources Division Tiashington, D.C. 20530
Dear Assistant Chief Lees:
In our township Chere!!uclear Systens, Inc. wishes to establish a low-level radioactive nuclear waste dump which would take care of one-thiro of the i' nation's waste.
7le read of one case where a township, because of a problem with hazardous waste, was sued and had to pay approxirately (47,000.
Provo is an organized township and if a township can be sued, then does a t
township have power to restrict the establishment of such a depository and/or restrict shallow-land burial of such waste?
Sincerely,
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