justicedao/ipfs_state_laws huggingface dataset:
345-092-0040 Standards Relating to Environmental Impacts of Uranium Mill Operation To issue a site certificate for a uranium mill, the Council must find that: (1) Release of airborne particulates from the facility can be controlled through the use of baghouses or equivalent methods to the maximum extent consistent with existing milling technology and without increasing occupational health and safety risks. (2) All mill ponds used for the collection and storage of mill tailings and chemical agents can be designed or sited in such a manner as to preclude seepage into any groundwater aquifers to the maximum extent consistent with existing impoundment technology. (3) Studies have been performed characterizing the relative abundance and diversity of the plant and animal species at the proposed site of the facility and: (a) The proposed facility is not likely to jeopardize the continued wildlife use of deer, elk and antelope wintering ranges or migration routes of migratory wildlife. (b) The above ground portions of the proposed facility are not located on antelope fawning areas, sage grouse strutting and nesting areas or waterfowl nesting and rearing areas that are necessary to sustain the existing local or migratory populations of such species. (c) Areas within the boundary of the facility site with unstable or fragile soils have been satisfactorily identified and available construction techniques can be employed to reduce adverse impacts such as erosion and compaction. (d) The bird species using the area affected by the proposed facility have been identified, and the facility is not likely to jeopardize the continued existence of local or migratory populations of such bird species. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.553 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1981, f. & ef. 3-20-81 EFSC 2-1980, f. & ef. 2-28-80
345-092-0050 Standards Relating to Beneficial Use of Wastes To issue a site certificate for a uranium mill and related and supporting facilities, the Council must find that liquids from the facility can be recycled consistent with existing and economic technology and process requirements. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.553 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1981, f. & ef. 3-20-81 EFSC 2-1980, f. & ef. 2-28-80
345-092-0110 Applications and Site Certificate Conditions (1) Any person who intends to apply for a site certificate for a uranium mill shall submit a notice of intent subject to the requirements and procedures described in OAR chapter 345, division 20. (2) An applicant for a site certificate shall submit an application subject to the requirements and procedures of OAR chapter 345, division 21. (3) The Department of Energy shall apply the requirements and procedures described in OAR chapter 345, division 15, for review of the notice of intent and an application for a site certificate for a uranium mill. (4) The holder of a site certificate for a uranium mill is subject to the requirements of OAR 345-026-0005 through 345-026-0170 and OAR chapter 345, divisions 27 and 29. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.553 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1981, f. & ef. 3-20-81 EFSC 2-1980, f. & ef. 2-28-80
345-095-0005 Purpose It is the purpose of these rules to ensure that the construction, operation, and decommissioning of uranium mills and related and supporting facilities are accomplished in a manner consistent with ORS 469.310. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.310, 469.501 & 469.556 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0015 Scope and Construction (1) The rules in this Division apply to all uranium mills that use conventional alkaline or acid leach technologies, together with their related and supporting facilities, for which the Council has issued a site certificate. (2) If the Council finds that applicable Oregon statutes and rules, other than those involving federally delegated programs, would impose requirements inconsistent with the rules in this Division, the Council shall resolve the conflict consistent with the public interest. In resolving the conflict, the Council cannot waive any applicable state statute. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.556 & 469.505 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0020 Definitions All definitions in OAR 345-092-0025 apply to the rules in this Division. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.556 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0040 Rules that Apply to Construction The following rules apply to any ground disturbance activity on the site of a uranium mill: (1) The certificate holder shall remove native topsoil before excavation for the mine, mill buildings, ponds and tailings disposal sites and shall stockpile the topsoil for later use in site reclamation. The certificate holder shall contour topsoil storage areas to prevent erosion and shall protect the topsoil to retain nutrients needed for subsequent use of the topsoil as a growth medium. (2) The certificate holder shall not divert or rechannel any perennial streams. (3) The site certificate holder shall keep the Council informed of drilling or trenching projects conducted to define hydrologic or geologic parameters related to building foundation designs, tailings retention system design, reclamation planning or environmental monitoring. The certificate holder shall notify the Council if site investigations, drillings, trenchings or construction projects including mine development reveal geologic conditions different from those described in the site certificate application. The certificate holder shall provide the information described in this rule to the Department of Energy, the Department of Geology and Mineral Industries and the Department of Water Resources on a timely basis so that the Council and other state agencies may inspect the projects. (4) The certificate holder shall not use radioactive tailings in the construction of tailings dams. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.556 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0045 Construction Reports (1) Prior to the initial production of yellowcake, the site certificate holder shall submit copies of monthly construction progress reports to the Council. Such reports shall describe the status of mining activities, building construction and tailings dam and pond construction in sufficient detail to allow the Council or its representatives to observe significant construction progress. (2) The certificate holder shall notify the Council of any major changes in construction schedules and of any significant changes in process equipment, pollution control equipment or facilities or equipment or facilities designed for the protection of workers. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.556 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0070 Effluent Release Limits The certificate holder shall operate the uranium mill to ensure that, during routine operation of the facility, effluent releases to uncontrolled areas do not exceed limits established by rules of the Public Health Division of the Oregon Department of Human Services or rules of the Oregon Department of Environmental Quality. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470, 469.525 & 469.556 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0080 Effluent Monitoring (1) During construction and operation of a uranium mill, the site certificate holder shall implement an effluent monitoring program to evaluate facility effluents compared to effluent releases projected in the site certificate application, to regulatory limits of the rules in this Division and to environmental impacts. (2) The certificate holder shall submit the effluent monitoring program to the Council for approval. The Council may consult with affected state agencies before approving the program. (3) In the effluent monitoring program, the certificate holder shall describe the methods for ensuring the adequacy of control procedures for each point of routine or potential effluent release. The certificate holder shall include in the program a method of determining average release rates, maximum release rates and total releases as well as the physical, chemical and radiological characteristics of the release. (4) The certificate holder shall submit annual reports to the Council within 90 days of the end of each reporting year and shall include data on all effluent releases, comparison of these releases to those projected in the site certificate application and to regulatory limits, review of the adequacy of the monitoring program and recommendations and justification for any improvements in the program. For the purpose of this rule, reporting year begins upon the initiation of construction at the site and subsequent reporting years begin upon the anniversary of that date. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.507 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0090 Public Health Impacts The certificate holder shall operate the uranium mill to ensure that, during operation of the uranium mill, public health impacts do not exceed the following limits: (1) Annual dose equivalent not exceeding 25 millirems to the whole body, 75 millirems to the thyroid and 25 millirems to any other organ of any member of the public as the result of exposures to planned discharges of radioactive materials except radon and its daughters. (2) Concentrations of total suspended particulates resulting from facility operation at any location that is routinely inhabited or visited by members of the public not exceeding 19 ug/m3 annual geometric means. The 24-hour concentration at these locations must not exceed 37 ug/m3 more frequently than once per year. In any case where measurable impacts might occur in wilderness areas designated by federal or state agencies or in designated national or state parks, the site certificate holder shall determine the concentration of total suspended particulates at the wilderness or park boundary nearest the facility. The concentration limit at that location must not exceed 5 ug/m3 annual geometric mean nor 10 ug/m3 on a 24-hour average more frequently than once per year. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.501 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0115 Violations If air or water pollution control mechanisms malfunction or other factors result in emissions or discharges in violation of applicable standards, the certificate holder shall take the following actions: (1) For a violation of an emission standard or discharge limit administered by an agency other than the Council, the certificate holder shall submit to the Council copies of all notifications required by the agency at the same time the notifications are submitted to the agency. (2) For a violation of an emission or discharge standard imposed by the Council, the site certificate holder shall: (a) Notify the Department of Energy of the violation as soon as reasonably possible after the occurrence, giving all pertinent facts including the estimated duration of the breakdown. (b) Promptly initiate and complete appropriate actions to correct the conditions that resulted in the violation. (c) Cease or discontinue operations of those portions of facility operation contributing to the violation, if the violation is not otherwise corrected within 48 hours after it began, except as required under sections (3) and (4). (d) Submit to the Council an initial written report of the failure or breakdown within ten days after the occurrence. When the condition has been corrected, the certificate holder shall submit a final written report to the Council describing the causes and the actions taken to prevent similar upsets or breakdown conditions. If more than 45 days elapse between the initial and final reports, the certificate holder shall submit monthly status reports. (3) The certificate holder shall cease yellowcake drying and packaging operations immediately upon the failure of affected emission control equipment unless alternative licensed emission control equipment, adequate to provide equivalent control of releases, is available and operational. (4) The certificate holder shall cease the generation of tailings as soon as possible following any dam failure or threatened failure to avoid uncontrolled tailings release inside or outside of the facility and, in the meantime, shall use an unaffected impoundment of sufficient size to contain all tailings generated in that period. The certificate holder shall not restart the generation of tailings without approval by the Council. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0117 Mill Decommissioning Following the operational life of the facility, the certificate holder shall decontaminate the site, except for the tailings disposal area, to permit unrestricted use of the site. Reclamation of the tailings disposal area is subject to the requirements of OAR 345-095-0120. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.501 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0118 Mine Reclamation Following the operational life of the facility, the certificate holder shall reclaim the mine site by modifying overburden and waste dump slopes to grades favorable to reclamation and by implementing surface water management measures to prevent water collection or erosion in the area and to aid in revegetating the site. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0120 Tailings Disposal The certificate holder shall reclaim the final disposal site for uranium mill tailings to meet the following requirements: (1) Above grade tailings disposal systems must be constructed to include a secondary dam or dike capable of, and designed to, contain the maximum quantity of tailings which could be released in the case of primary containment failure. Where a multiple dam or dike system is used, secondary dams or dikes must be provided to retain any tailings released in the failure of any section of the primary containment. (2) Following abandonment and sufficient drying time to permit satisfactory reclamation, tailings must be covered by sufficient capping material and/or overburden, not less than three meters in thickness, to ensure that radon flux from the surface of the disposal area does not exceed two picocuries per square meter per second above background. (3) External gamma radiation levels above background must not be statistically significant. (4) The site must be covered with riprap and must be revegetated with plant life compatible with projected site uses. (5) Following reclamation, the site certificate holder shall develop and maintain an environmental surveillance program, approved by the Council, to verify the adequacy of reclamation and revegetation methods in complying with requirements of this rule. The certificate holder shall continue to implement the surveillance program until the state or federal government has accepted title to the property and until the certificate holder has completed its financial obligations as required by OAR 345-095-0150. (6) All tailings disposal sites must be lined with natural materials selected for their impermeability. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0150 Financial Assurance (1) Before beginning construction of the uranium mill, the site certificate holder shall provide financial assurance, in a form and amount acceptable to the Council, sufficient to cover the cost of decommissioning the uranium mill and its associated facilities in accordance with OAR 345-095-0117, 345-095-0118, and 345-095-0120 and to provide long term monitoring and maintenance in an amount specified in the site certificate. (2) When the site certificate holder has completed the decommissioning required in OAR 345-095-0117, 345-095-0118 and 345-095-0120 and the state or federal government has accepted title to the site, the site certificate may be terminated as described in 345-027-0110. (3) The adequacy of bonding or other funds shall be reviewed and adjusted by the Council annually following receipt of the site certificate holder's financial report described in OAR 345-095-0160. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.501 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
345-095-0160 Financial Report The site certificate holder and any parties owning a controlling interest in the site certificate holder and having the power to control the activities of the site certificate holder or successors in ownership shall provide to the Council an annual financial report that demonstrates financial qualifications to construct and operate the facility and that includes a discussion of the adequacy of, and any changes in, the financial assurance required under OAR 345-095-0150. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.470 & 469.501 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1980, f. & ef. 2-28-80
350-010-0000 Purpose (1) This division adopts a Legal Boundary Description of the exterior boundary, the special management areas, and each of the thirteen urban areas designated in the Columbia River Gorge National Scenic Area Act (“National Scenic Area Act” or “Act”). (2) The maps that Congress enacted as part of the National Scenic Area Act in 1986 were not drawn to cartographic or surveying standards. Congress did not provide any legal boundary description or other documentation accompanying the maps. Different maps enacted in section 4(e) and sections 4(a) and 4(c) of the National Scenic Area Act differ and conflict. Subsequently, in 1987, the U.S. Forest Service prepared new maps addressing many of the issues with the maps that Congress enacted. The U.S. Forest Service did not provide any legal boundary description, and provided only limited documentation accompanying the maps. The Commission, U.S. Forest Service, and others have used the 1987 maps almost exclusively for administration of the National Scenic Area Act. The Commission has experienced many situations in which the maps that Congress enacted and the maps that the U.S. Forest Service prepared were drawn to a scale that is too coarse for precision decision making at a parcel level. In addition, improvements in geographic information systems and locational technology have made the identification of precise boundaries more readily available; thus landowners and others involved in land planning expect more precise identification of boundaries established by the National Scenic Area Act. (3) This rule promotes the efficient and reasonable administration of the National Scenic Area Act and affords interested persons notice of the Commission’s interpretation of the maps referenced in section 4(e) of the National Scenic Area Act. This rule shall be applied to carry out these objectives. Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e) Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e) History: CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018 CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17
350-010-0010 Authority Sections 4(a)(2)(A), 4(b)(2)(A), and 4(e)(2) of the National Scenic Area Act specify that the boundaries of the National Scenic Area, the special management areas, and urban areas are “generally depicted” on maps that Congress enacted as part of the National Scenic Area Act. The Columbia River Gorge Commission, U.S. Forest Service, and Gorge counties need precise legal boundary descriptions to develop and administer the Management Plan and land use ordinances for the National Scenic Area pursuant to sections 6, 7, and 8 of the National Scenic Area Act. The U.S. Forest Service needs precise legal boundary descriptions before making minor revisions to special management areas pursuant to section 4(c) of the National Scenic Area Act. The Commission needs precise legal descriptions before making minor revisions to the urban area boundaries pursuant to section 4(f) of the National Scenic Area Act. The Commission and U.S. Forest Service therefore have inherent authority to interpret the generally depicted boundaries, consistent with congressional intent, to administer the National Scenic Area Act. Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e) Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e) History: CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018 CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17
350-010-0020 Definitions In this rule, unless the context or subject matter requires otherwise: (1) “Cities” means incorporated cities within the Columbia River Gorge National Scenic Area: Cascade Locks, Hood River, Mosier and The Dalles in Oregon; and White Salmon, Bingen, Stevenson, and North Bonneville in Washington. (2) “Commission” means the Columbia River Gorge Commission. (3) “Counties” means Multnomah, Hood River and Wasco counties in Oregon; and Clark, Skamania and Klickitat counties in Washington. (4) “National Scenic Area” means the Columbia River Gorge National Scenic Area as designated in the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b. (5) “Legal Boundary Description” or “Legal Boundary Descriptions,” when capitalized, means the legal boundary descriptions adopted in section 030(1) and contained in the appendices to this rule. When not capitalized, the term, “legal boundary description” or “legal boundary descriptions” does not mean the Legal Boundary Descriptions adopted in section 030(1). Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e) Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e) History: CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018 CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17