SALEM, Ore. (AP) — A state agency has chosen to leave millions of pounds of illegally dumped, radioactive fracking waste in an Eastern Oregon landfill.

The Oregon Department of Energy’s decision Wednesday comes just over a year after it issued a notice of violation to Chemical Waste Management.

The company operates Oregon’s only hazardous waste landfill, outside of the Columbia River town of Arlington.

An investigation found CWM had dumped almost 1,300 tons of radioactive waste in the landfill over three years, but Oregon law prohibits the dumping of radioactive waste.

The state Department of Energy says removing the waste “would pose a greater risk to landfill workers than leaving the waste in place.”