§ 74-4A-11.1. Condition

A. A person shall not store or dispose of radioactive materials, transuranic contaminated waste or low-level waste in a disposal facility until the state has consented to or concurred in the creation of the disposal facility.

B. A person shall not store or dispose of spent fuel or high-level waste in a disposal facility until:

(1) the state has consented to or concurred in the creation of the disposal facility; and

(2) a repository, as defined in 42 U.S.C. Section 10101(18) , is in operation.

C. The state, a political subdivision of the state or an entity or authority created by a joint powers agreement shall not issue, approve or certify a permit, contract, lease or license necessary for the construction or operation of a disposal facility for spent fuel or high-level waste until the conditions of Paragraphs (1) and (2) of Subsection B of this section are met.

D. As used in this section, “ disposal facility ” means an engineered surface, subsurface or underground facility designed primarily for the temporary, interim or permanent isolation of radioactive materials, radioactive waste or spent fuel other than tailings or other waste from the extraction, beneficiation or processing of ores and minerals.