---
kind: "section"
citation: "42 U.S.C. § 2297h–11"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2297h–11"
heading: "Low-level waste"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2297h-11"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division B — United States Enrichment Corporation"
  - "Subchapter VIII — United States Enrichment Corporation Privatization"
---

# §2297h–11. Low-level waste

- (a) **Responsibility of DOE—**
  - (1) The [Secretary](/usc/42/242q–4.md?p=2), at the request of the generator, shall accept for [disposal](/usc/42/2021b.md?p=7) [low-level radioactive waste](/usc/42/2021b.md?p=9-A), including depleted uranium if it were ultimately determined to be [low-level radioactive waste](/usc/42/2021b.md?p=9-A), generated by—
    - (A) the [Corporation](/usc/42/2296b–7.md?p=1) as a result of the operations of the [gaseous diffusion plants](/usc/42/2297h.md?p=3) or as a result of the [treatment](/usc/42/11851.md?p=11) of such wastes at a location other than the [gaseous diffusion plants](/usc/42/2297h.md?p=3), or
    - (B) any [person](/usc/42/2014.md?p=s) licensed by the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) to operate a [uranium enrichment](/usc/42/2297h.md?p=14) facility under sections [2073](/usc/42/2073.md), [2093](/usc/42/2093.md), and [2243](/usc/42/2243.md) of this title.
  - (2) Except as provided in [paragraph (3)](#a-3), the generator shall reimburse the [Secretary](/usc/42/242q–4.md?p=2) for the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) pursuant to [paragraph (1)](#a-1) in an amount equal to the [Secretary](/usc/42/242q–4.md?p=2)’s costs, including a pro rata share of any capital costs, but in no event more than an amount equal to that which would be charged by commercial, [State](/usc/42/2021b.md?p=14), regional, or interstate [compact](/usc/42/2021b.md?p=4) entities for [disposal](/usc/42/2021b.md?p=7) of such waste.
  - (3) In the event depleted uranium were ultimately determined to be [low-level radioactive waste](/usc/42/2021b.md?p=9-A), the generator shall reimburse the [Secretary](/usc/42/242q–4.md?p=2) for the [disposal](/usc/42/2021b.md?p=7) of depleted uranium pursuant to [paragraph (1)](#a-1) in an amount equal to the [Secretary](/usc/42/242q–4.md?p=2)’s costs, including a pro rata share of any capital costs.
  - (4) In the event that a licensee requests the [Secretary](/usc/42/242q–4.md?p=2) to accept for [disposal](/usc/42/2021b.md?p=7) depleted uranium pursuant to this subsection, the [Secretary](/usc/42/242q–4.md?p=2) shall be required to take title to and possession of such depleted uranium at an existing DUF6 storage facility.
- (b) **Agreements with other persons—** The generator may also enter into agreements for the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) subject to [subsection (a)](#a) with any [person](/usc/42/2014.md?p=s) other than the [Secretary](/usc/42/242q–4.md?p=2) that is authorized by applicable laws and regulations to dispose of such wastes.
- (c) **State or interstate compacts—** Notwithstanding any other provision of law, no [State](/usc/42/2021b.md?p=14) or interstate [compact](/usc/42/2021b.md?p=4) shall be liable for the [treatment](/usc/42/11851.md?p=11), storage, or [disposal](/usc/42/2021b.md?p=7) of any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) (including mixed waste) attributable to the operation, decontamination, and decommissioning of any [uranium enrichment](/usc/42/2297h.md?p=14) facility.

## Source credit

(Pub. L. 104–134, title III, § 3113, Apr. 26, 1996, 110 Stat. 1321–347; Pub. L. 108–447, div. C, title III, § 311, Dec. 8, 2004, 118 Stat. 2959.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

### Amendments

2004—Subsec. (a)(4). Pub. L. 108–447, § 311, which directed the addition of par. (4) to subsec. (a) of section 3113 of Public Law 102–486 (42 U.S.C. 2297h–11), was executed by adding par. (4) to subsec. (a) of this section, which is section 3113 of Pub. L. 104–134, to reflect the probable intent of Congress.