345-050-0010 Purpose and Applicability (1) Because virtually all materials contain some radioactivity, the purpose of the rules in OAR 345-050-0006 through 345-050-0039 is to identify those materials that present such small health hazards that they are not considered to be radioactive waste and may be disposed of within the state. (2) OAR 345-050-0040 through 345-050-0130 establish standards for the siting of facilities for disposal of radioactive wastes that were generated before June 1, 1981, through industrial or manufacturing processes and that contain naturally occurring radioactive isotopes. These rules implement the requirements of ORS 469.375, 469.470 and 469.501 to 469.559 for such waste disposal facilities. (3) Except as provided in OAR 345-050-0060, these rules do not apply to uranium mine overburden or uranium mill tailings, mill wastes or mill by-product material that are subject to OAR chapter 345, divisions 92 and 95. (4) In accordance with ORS 469.525, the Department may establish an enforceable timeline or other requirements to determine whether a material is radioactive waste. (5) For the purpose of these rules, disposal does not include: (a) Temporary storage and staging of radioactive waste used or generated and stored or staged in accordance with a state license under ORS 453.635 as part of regular site operations (b) Temporary storage of radioactive waste at the Trojan Spent Fuel Storage Installation until a federal waste repository is operational, subject to the provisions of OAR 345-026-0300 through 345-026-0390 (c) Temporary storage of radioactive waste from a reactor for which a site certificate has been issued pursuant to this chapter that is operated by a college, university or graduate center for research purposes and is not connected to the Northwest Power Grid; and (d) Temporary storage of radioactive waste at a facility not licensed under ORS 453.635 pending lawful disposal out of this state, subject to the following: (A) Any person that intends to temporarily store radioactive waste must report to the Department and Oregon Health Authority within 10 business days of discovery of such waste. The Department, in consultation with Oregon Health Authority, must determine that temporary storage of radioactive waste presents no significant risk to health and safety of the public and workforce. In order to determine that a radioactive waste presents no significant risk during temporary storage, it must be demonstrated that: (i) the waste will be located in an area of a facility that is reasonably expected to be inaccessible to the public; (ii) the waste will be clearly marked and cordoned or otherwise isolated from workers, and must be stored in such a manner that minimizes risk of mobilization. This may include cover and/or secondary containment; (iii) workers will be informed and instructed on safety related to the waste; and (iv) any other requirements as determined by the Department in consultation with Oregon Health Authority and the holder of the waste. (B) Temporary storage may not exceed 90 days without prior written authorization from the Department. To grant authorization to temporarily store radioactive waste for more than 90 days, the Department, in collaboration with Oregon Health Authority, must be assured that the waste will be properly disposed as soon as reasonably achievable, not to exceed 180 days in total. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.525 History: EFSC 6-2023, amend filed 11/17/2023, effective 11/17/2023 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 9-1981, f. & ef. 12-28-81 EFSC 9-1978, f. 12-28-78, ef. 3-1-79