Kentucky Revised Statutes Title XVIII. Public Health § 211.892.Legislative finding

It is the finding of the General Assembly of the Commonwealth of Kentucky that the original concept of shallow-land nuclear burial sites has not been met in Kentucky in that measurable amounts of radioactivity have been released to the surrounding environment from an existing nuclear waste facility. The mechanism for providing for the financing of perpetual care and maintenance of such a site has proven to be inadequate and also did not take into consideration early closing of the site. The detection of radioactivity in a new unused trench on such site provided unequivocal evidence that migration of radioactive liquids can and did occur in a subsurface manner. Current knowledge of the complex geologic and hydrologic features of such site is insufficient to develop a model capable of predicting future behavior of the site. It is the intent of the General Assembly that because of these problems, the existing site should remain closed unless solutions are found which will assure site safety and integrity and remedy all of the aforesaid problems. It is at this time in the best interest of the public health and safety of the citizens of the Commonwealth that the state maintain ownership and, thus, ultimate decision-making authority over nuclear waste sites located within its borders.