§ 10-2. Disposal of nuclear materials.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Nuclear materials shall mean all nuclear, fissionable and radioactive materials, whether solid, liquid or gas, and the waste thereof.

Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, any state of the United States, political subdivision of this state, or of any other state, or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.

(b)

No person shall dump, deposit, dispose of, store for disposal, bury, scatter or spray nuclear materials, within the territorial limits of the county, unless a permit therefor has been issued as provided in this section.

(c)

No permit shall be issued under this section until the permit has been approved in a referendum election by a majority of the electors voting in such election in the county, with the applicant for such permit paying the cost of such referendum, and further upon the submission of an application documenting the following qualifications have been met:

(1)

The disposal dump, storage, deposit or spray site is not within 20,000 feet of any of the rivers, lakes, creeks, ponds, streams, springs, impoundments, ditches flowing into any of the foregoing, and all other waters, or bodies of waters, including fresh, brackish, saline, tidal or surface in the county;

(2)

Adequate provision has been made that all materials shall be permanently confined at the disposal, dump, storage, deposit or spray site and shall not be exposed to the elements or in any way, form, or fashion spread beyond the limits of the proposed site; and

(3)

Adequate provision has been made to transport any such wastes to the proposed site without in any way, form, or fashion endangering human or animal life, and all routes for transportation on the scene have been approved and permits granted by all governmental entities exercising jurisdiction over such matters.

(d)

Regardless of the outcome of the referendum required in subsection (c) of this section, no person shall dump, deposit, dispose of, store for disposal, bury, scatter or spray nuclear materials within the territorial limits of the county, unless:

(1)

The disposal dump, storage, deposit or spray site is further than 20,000 feet from any of the rivers, lakes, creeks, ponds, streams, impoundments, ditches flowing into any of the foregoing, and all other waters or bodies of waters, including fresh, brackish, saline, tidal or surface, in the county;

(2)

Adequate provision has been made that all materials are permanently confined at the disposal, dump, storage, deposit or spray site and are not exposed to the elements or in any way, form or fashion spread beyond the limits of the proposed site; and

(3)

Adequate provision has been made to transport any such waste to the proposed site without in any way, form or fashion, endangering human or animal life, and all routes for transportation on the scene have been approved and permits granted by all governmental entities exercising jurisdiction over such matters.

(e)

All applications for permits under this section and supporting information shall be submitted to the director of public works of the county, and the senior physician of the county health department. If the requirements of this section and other pertinent laws and ordinances are met, they shall issue a permit to the applicant. If the application for a permit does not conform to the requirements of this section and other pertinent laws and ordinances, they shall not issue a permit, but shall return the application to the applicant with their refusal to issue such permit.

(Ord. No. 80-01, §§ 1—5, 2-14-80)