West Virginia Code 16-27-2 – Storage or disposal of radioactive waste material within the state prohibited; exceptions
(a) No person shall store or dispose of any radioactive waste material within the state: Provided, That the provisions of this section do not prohibit (1) the storage or disposal of such material produced within the state as a result of medical, educational, research or industrial activities and so stored or disposed of in compliance with all applicable state and federal laws, or (2) the transportation of such material out of or through the state when done in compliance with all applicable state and federal laws: Provided, however, That such waste from industrial activities does not include, for the purpose of this article, such material produced from the operation of any nuclear power generation facility, nuclear processing facility, or nuclear reprocessing facility.
Terms Used In West Virginia Code 16-27-2
- disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of a substance into or on any land, water or air. See West Virginia Code 16-27-1
- Radioactive waste material: means any discarded radioactive material in the form of, or resulting from the use of, any byproduct material, source material or special nuclear material and includes low-level waste. See West Virginia Code 16-27-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- storage: means the containment of a substance, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal or transportation. See West Virginia Code 16-27-1
- transportation: means any movement of a substance and any loading, unloading or storage incidental thereto. See West Virginia Code 16-27-1
(b) The disposal of radioactive waste material in a solid waste facility or in a commercial solid waste facility, as defined in section two, article fifteen, chapter twenty-two of this code, is prohibited.