Schmit, 031687 NEAGO, AGO 87035

Docket Nº:AGO 87035
Case Date:March 16, 1987
Senator Loran Schmit, Chairman
AGO 87035
No. 87035
Nebraska Attorney General Opinions
State of Nebraska office of the Attorney General
March 16, 1987
          Date: March 11, 1987           A. EUGENE CRUMP Deputy Attorney General.          SUBJECT: Low-Level Radioactive Waste Disposal Act          REQUESTED BY: Senator Loran Schmit, Chairman Committee on Natural Resources          WRITTEN BY: Robert M. Spire, Attorney General, Linda L. Willard, Assistant Attorney General          You have requested our opinion regarding the legality of LB 426 and LB 427 in relation to the Central Interstate Low-Level Radioactive Waste Compact (Compact) and other federal provisions. We will attempt to address each of your concerns separately.          We will address your concerns about LB 426 first. With regard to Section 2, Page 4, Line 17-22, there does appear to be a conflict with the Compact. LB 426 states that the Act shall be applicable to only one site. The Compact provides, "There shall be provided within the region one or more regional facilities." (emphasis added.) By placing a limitation of only one site, the bill is potentially in conflict with the previously approved Compact. If only one site is chosen within the state, no conflict would arise. However, if two sites are chosen within the state, there would be a definite conflict with the Compact. By attempting to limit the number of sites to only one, the Act appears to be restricting the authority of the Compact members for selection of a site or sites.          Section 5 does not appear to create a conflict with the Radiation Control Act. However, it may create a problem of being unreasonably vague. Section 5 provides for a definition of "facility" that is the same as that contained within the Compact. However, where the Compact also contains the definition of "management" in relation to the management of waste, neither LB 426 nor the statutes involved here provide a definition of "management." This leaves open the possibility of misinterpretation of the term management and the claim of being unconstitutionally vague. A facility having some contact with low-level radioactive waste may not know whether it is encompassed by the statute since there is no definition of management.          Section 7 of LB 426, Page 8, Line 8-12, states that the Department of Environmental Control shall have the powers and duties to require proper operation and maintenance of a facility, including, but not...

To continue reading