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U.S. Code/Title 42/§ 2114

Title 42

42

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42 U.S.C. § 2114.Chapter 23

§ 2114

Authorities of Commission respecting certain byproduct material

Title 42
3 min read
Subchapter: BYPRODUCT MATERIALS

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((a)) ** Management function** The Commission shall insure that the management of any byproduct material, as defined in , is carried out in such manner as—

((1)) the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radiological hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,,

((2)) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under , and

((3)) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended [ et seq.].

((b)) ** Rules, regulations, or orders for certain activities; civil penalty** In carrying out its authority under this section, the Commission is authorized to—

((1)) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under to conduct monitoring, perform remedial work, and to comply with such other measures as it may deem necessary or desirable to protect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and

((2)) make such studies and inspections and to conduct such monitoring as may be necessary.

((c)) ** Alternative requirements or proposals** In the case of sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in , a licensee may propose alternatives to specific requirements adopted and enforced by the Commission under this chapter. Such alternative proposals may take into account local or regional conditions, including geology, topography, hydrology and meteorology. The Commission may treat such alternatives as satisfying Commission requirements if the Commission determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Administrator of the Environmental Protection Agency in accordance with .section 2014(e)(2) of this titlesection 2022 of this title

§ 2113

Release: pl-119-111 (2026-09-18)

§ 2121

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