justicedao/ipfs_state_laws huggingface dataset:
345-050-0030 Specific Exemptions In addition to the exemptions under OAR 345-050-0020 and 345-050-0025, the following materials are exempt from the provisions of ORS 469.525 and OAR 345-050-0006: (1) Radioactive material that has been incorporated into a consumer product manufactured under a license issued by the Nuclear Regulatory Commission (NRC) or by an Agreement State, if the NRC or the Agreement State that issued the license has determined that the possession, use, transfer and disposal of such consumer product are exempt from regulatory requirements. An "Agreement State" is a state to which the NRC has delegated its authority to license and regulate byproduct materials (radioisotopes), source materials (uranium and thorium) and certain quantities of special nuclear materials in accordance with section 274b of the Atomic Energy Act. (2) Medical, industrial and research laboratory wastes contained in small, sealed, discrete containers in which the radioactive material is dissolved or dispersed in an organic solvent or biological fluid for the purpose of liquid scintillation counting and experimental animal carcasses that are disposed of or treated at a hazardous waste disposal facility licensed by the U.S. Environmental Protection Agency (U.S. EPA), by the Oregon Department of Environmental Quality, or by another state delegated the responsibility to regulate the disposal or treatment of hazardous waste by the U.S. EPA. (3) Burial of a human or animal body containing radioactive materials used for diagnostic or therapeutic purposes is exempt from the provisions of ORS 469.525 if the burial is otherwise done in accordance with applicable Oregon law. (4) Waste that is identified as the result of metabolized isotopes used in medical treatment. A facility may only dispose of such waste in accordance with a facility-specific plan approved by the Department in consultation with Oregon Health Authority. The plan must ensure that the material presents no significant risk to the public, workers, or the environment. The plan, at a minimum, should include: (a) how the facility will identify and confirm that waste is the result of metabolized isotopes used in medical treatment; (b) information regarding worker safety and training; (c) how the facility will manage waste that is determined to not be the result of metabolized isotopes used in medical treatment; and (d) a tracking and reporting schedule for informing the Department and Oregon Health Authority of actions taken under the plan. (5) Wastes containing only naturally occurring radioactive isotopes other than those in the uranium and thorium decay series, as long as the isotopes exist in their naturally occurring isotopic concentrations. (6) Wastes legally disposed before November 17, 2023, provided the waste is not removed from the location of original disposal. 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 9-1981, f. & ef. 12-28-81 EFSC 9-1978, f. 12-28-78, ef. 3-1-79
345-050-0035 Pathway Exemption Naturally occurring radioactive materials are exempt from the provisions of OAR 345-050-0006 if the Council or the Department of Energy finds that accumulation of material cannot result in exposures exceeding 500 millirem of external gamma radiation per year, nor in the release of effluents to air and water in annual average concentrations exceeding the values in Table 3. The Council or the Department shall base its finding on an evaluation of potential radiation exposures and effluent releases performed under the following conditions: (1) The evaluation considers material in the form in which it exists when it is removed from the users' equipment, systems, or settling ponds prior to any dilution or remedial action designed to reduce radiation levels. (2) The evaluation does not consider any ameliorating effects of land use restrictions, maintenance operations, or cover material at the disposal site. (3) The evaluation covers accumulations of material over the reasonably projected period of waste generation. (4) The evaluation bases external gamma radiation exposures on actual measurement with allowance for the degree of equilibrium and for self-shielding. (5) The evaluation uses the following premises in computing radon concentrations in the air above a disposal site containing radium-226: (a) The evaluation assumes that any house built on ground contaminated with radium-226 has an 8-foot high ceiling on the first floor, has one complete air change per hour, and has a foundation constructed so as to meet the Structural Specialty Code (State of Oregon Uniform Building Code) in effect on March 1, 1979 without allowance for any special construction or treatments designed to reduce radon diffusion into the structure; (b) The evaluation bases the relation between radon-emanation rate and radium concentration upon experimental measurements on material intended for disposal. [ED. NOTE: Tables referenced are available from the agency.] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.525 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 9-1978, f. 12-28-78, ef. 3-1-79
345-050-0040 Standards for Waste Disposal Facilities OAR 345-050-0040 through 345-050-0130 establish standards for disposal of radioactive waste. The Council shall apply the standards in deciding whether to issue a site certificate for the construction and operation of a waste disposal facility and its related or supporting facilities. If the Council adopts any additional standards, the Council shall do so sufficiently in advance of the close of testimony at a hearing on a site certificate to allow parties to address the standard or if after the close of testimony, in sufficient time to allow the parties an opportunity to supplement their testimony to offer evidence relating to the standard. The Council may use the standards established in OAR 345-050-0040 through 345-050-0130 and any standards adopted under this rule as well as other statutory and regulatory requirements of the Council and federal, state and local agencies in formulating site certificate conditions required by ORS 469.401. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.525 & 469.375 History: EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 9-1981, f. & ef. 12-28-81
345-050-0050 Definitions The definitions set out in ORS 469.300 apply in interpreting these standards, unless the context requires otherwise or unless a term is specifically defined in this rule. Additional definitions are: (1) “Area” means all locations adjacent to a facility determined by the Council to be directly affected by a force of nature to the eventual detriment of site integrity. (2) “500-year flood plain” means the extent of a 500-year flood. (3) “Active fault” means a fracture along which rocks or soil on one side have been displaced with respect to rocks or soil on the other side in Holocene time (i.e., the most recent epoch of the Quaternary period, extending from the end of Pleistocene to the present). "Active fault zone" means an area of one or more active faults. (4) “Mass movement” means ground surface instabilities that result in land sliding, flow, creep or any other instabilities found by the Council to threaten the integrity of the facility. (5) “Director” means the Director of the Oregon Department of Energy. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.525 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 4-1995, f. & cert. ef. 11-28-95 EFSC 1-1989, f. & cert. ef. 8-8-89 EFSC 9-1981, f. & ef. 12-28-81
345-050-0055 Mandatory Site Certificate Conditions In addition to any other site certificate conditions the Council may impose under ORS 469.401, the Council shall impose site certificate conditions that require an applicant to design, build and operate a waste disposal facility in accordance with the design standards contained in OAR 345-050-060 and 345-050-0100 and in accordance with any representations the applicant makes in the plan submitted under OAR 345-050-0040 that address compliance with 345-050-0090, 345-050-0110, and 345-050-0130. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.525 & 469.375 History: EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 9-1981, f. & ef. 12-28-81
345-050-0060 Site Suitability To issue a site certificate for a waste disposal facility, or to carry out a cooperative agreement or arrangement with an agency of the federal government to clean up radioactive waste, uranium mine overburden or contaminated material pursuant to ORS 469.559(2), the Council must find that the site is suitable for the type and amount of waste the applicant intends to dispose of at the site. For purposes of this rule, uranium mine overburden means earth and other material overlying natural deposits of uranium ore and removed to gain access to the ore, if disposal of the material would result in an exceedance of any of the pathways in OAR 345-050-0035 as in effect on the date of this rule. A site is not suitable if it is located in: (1) An area determined by the Council to be subject to surface water erosion over the projected life of the facility. In making this determination, the Council shall consider geological evidence of historical erosion, ancient shorelines, stream beds and cutting due to floods as well as impacts from future climate conditions. (2) The 500-year flood plain of a river, stream or creek, taking into consideration the area the Council determines under section (1) to be potentially subject to erosion within the lifetime of the facility. (3) A Quaternary-active fault or Quaternary-active fault zone. (4) An area of ancient, recent, active or potentially active, mass movement or landslide, including the triggering mechanisms such as earthquake shaking. (5) An area subject to volcanic damage over the past two-million years or that the Council finds to be subject to damage from natural forces of volcanic origin that is sufficient to cause meaningful degradation of facility integrity. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 2-2017, amend filed 10/18/2017, effective 10/18/2017 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 4-1995, f. & cert. ef. 11-28-95 EFSC 1-1989, f. & cert. ef. 8-8-89 EFSC 9-1981, f. & ef. 12-28-81
345-050-0070 Alternate Site A person shall not locate a waste disposal facility at a site unless there is no available alternative site for disposal of such wastes: (1) A site outside of Oregon is not available unless appropriate local, state and federal regulatory agencies have issued the necessary permits to allow present commercial use of the site for disposal of wastes of the nature produced by the applicant. (2) A site is not available unless the Council finds it to be the best site reasonably available for the disposal of such wastes. In making this finding, the Council may rely on a report of possible sites provided by the applicant. If the Director or the Council finds the list to be deficient, the Council may consider additional sites. The applicant may either perform the additional site evaluations itself or elect to have the Director perform them. The applicant shall reimburse the Director for all costs of site evaluations done by the Director. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 1-1989, f. & cert. ef. 8-8-89 EFSC 9-1981, f. & ef. 12-28-81
345-050-0075 Alternate Technology A person shall not locate a waste disposal facility at a site un­less there is no available alternative disposal technology that would better protect the health, safety, and welfare of the public and the environment. In making this finding, the Council shall con­sider proven, demonstrated technology, including but not limited to existing hazardous waste and radioactive waste disposal site technologies. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 1-1989, f. & cert. ef. 8-8-89
345-050-0090 Adjacent State Compatibility A person shall not locate a waste disposal facility at a site un­less the person coordinates disposal of the type and amount of such wastes with the regulatory programs of adjacent states for dis­posal of such wastes. Coordination with the regulatory programs of adjacent states means that radioactive emissions from waste disposal facilities on or near Oregon boundaries comply with regulatory limits of the adjacent states. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 9-1981, f. & ef. 12-28-81
345-050-0100 Release of Radioactivity (1) A person shall not locate a waste disposal facility at a site un­less the facility is designed to contain radioactive releases. To is­sue a site certificate, the Council must find that the applicant has proposed to construct the site using methods that include, but are not limited to, construction of dikes, liners and covers, such that there can be no release of radioactive materials from the facility. (2) To find that the proposed radioactive waste disposal facility is designed to contain radioactive releases, the Council shall con­sider measurements of natural background concentrations of radioactive materials near the facility. For the purpose of this rule, radioactive releases are contained if radiation levels and concentrations of radioactive materials are less than the upper statistical limit of background measurements measured before any waste is placed at the site. In making this finding, the Council shall consider statistical limits determined at the 99 percent confidence level. (3) The applicant shall take samples to determine background from a minimum of four samples evenly spaced over a period of a year from each monitoring location of air, soil, groundwater and surface water. The applicant shall calculate the average of the mea­surements from each seasonal period and for each sample type to determine the background concentration. From year to year, the ap­plicant may average the values to increase the statistical base of mea­surements, but only within the same seasonal period. The ap­plicant shall use a sufficient number of monitoring locations to ac­curately characterize the area. (4) After construction of the facility, the certificate holder shall determine compliance with release limits by statistically com­paring the average of sample measurements to the upper limit of the range of background values. The certificate holder shall make this determination by comparing measurements from individual locations to the established background levels. The certificate holder may average multiple samples from the same location to determine compliance with release limits, but only within the same seasonal period. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 1-1989, f. & cert. ef. 8-8-89 EFSC 9-1981, f. & ef. 12-28-81
345-050-0110 Compatibility with Federal Programs (1) A person shall not dispose of radioactive waste or uranium mine overburden at a site unless the disposal of the type and amount of such wastes is compatible with regulatory programs of the federal government for disposal of such wastes. Regulatory programs of the federal government refers to those programs that are formally adopted as federal laws or regulations but not to statements of policy or future intent. (2) Commercial Disposal. To issue a site certificate, the Coun­cil must find that the disposal facility is designed to meet all ap­plicable federal and state standards for disposal of the type of ma­terial involved. (3) CERCLA Cleanup. If the project is a remedial action undertaken under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for hazardous substances as that term is defined in 42 USC 9601, the person responsible for cleanup shall also comply with the applicable portions of CERCLA, 42 USC 9601 et. seq.: (a) If disposal will occur off-site, the person responsible for cleanup shall transfer the waste to a facility that is in compliance with any legally applicable federal and state requirements, including but not limited to, those required by sections 3004 and 3005 of the Solid Waste Disposal Act, 42 USC 6924 and 6925, and with the Toxic Waste Disposal Act, 15 USC 260; (b) If the person responsible for cleanup proposes to construct a disposal facility in connection with an on-site cleanup of hazardous substances, the the person responsible for cleanup must comply with those portions of OAR 345 divisions 50, 92 and 95 that are legally applicable or relevant and appropriate under the circumstances of the release or threatened release except as provided in 42 USC Section 9621(d)(4). Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 1-1989, f. & cert. ef. 8-8-89 EFSC 9-1981, f. & ef. 12-28-81
345-050-0120 Bonding and Financial Ability (1) A person shall not locate a waste disposal facility at a site unless, if federal funding for remedial actions is not available, the applicant provides a surety bond in the name of the state in an amount determined by the Oregon Department of Energy to be sufficient to cover any costs of closing the site and monitoring it or providing for its security after closure and to secure performance of any site certificate condition. (2) The applicant shall estimate the cost of closing the site, including the cost of the effort to comply with the site suitability requirements of OAR 345-050-0060 and the radioactive release limits of 345-050-0100. To determine the cost of monitoring the site, providing for its security after closure and, in the case of a facility with a site certificate, ensuring performance of site certificate conditions, the applicant shall base the estimate on the amount of investment principal that would be required to produce proceeds sufficient to provide for the cost of quarterly visits to the plant site by state regulatory agencies for inspections and environmental sampling. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 9-1981, f. & ef. 12-28-81
345-050-0130 Ability to Construct and Operate A person shall not locate a waste disposal facility at a site un­less the person or firm proposing to dispose of the material has or can acquire the organizational, managerial, and technical expertise to construct, operate and retire the facility. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.375 History: EFSC 1-1999, f. & cert. ef. 3-5-99 EFSC 9-1981, f. & ef. 12-28-81
345-060-0001 Definitions (1) The definitions set out in ORS 469.300 are the definitions to be used in interpreting the rules in this division, unless the context requires otherwise or unless a term is specifically defined in this rule. Terms not otherwise defined are defined as found in 10 CFR 71 and 49 CFR 171 through 178 in effect as of the date of this rule. (2) “Radioactive material” is as defined in 49 CFR 173.403 in effect as of the date of this rule. (3) "Radioactive material shipments" include but are not limited to any number of truck trailers, automobiles, vans or barges, moved by one or interconnected power sources. (4) "Radiopharmaceuticals" are radioactive materials used in the medical testing or treatment of animals or humans. (5) "Radiographic materials" include any sealed radioactive source fastened or contained in any instrument used for the examination of the macroscopic structure of materials by nondestructive methods using the source. (6) "Well-logging radioactive materials" are radioactive sources used in measuring devices or tools used to obtain information about wells or the adjacent soil or geologic formations. Statutory/Other Authority: ORS 469.470, 469.605 & 469.607 Statutes/Other Implemented: ORS 469.603 - 469.615 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82 NTEC 7, f. 2-20-74, ef. 3-11-74
345-060-0003 Applicability and Scope (1) These rules apply to the transportation of radioactive material by means other than railcars in the State of Oregon. The rules contained in OAR 345-060-0001 to 345-060-0055 are auxiliary to and supplemental to the rules of OAR 740-110-0060 to 740-110-0090 for highway transport. (2) Transport by or under the direction of an agency of the federal government in federal vehicles is exempt. This section does not exempt other shipments: (a) That are subject to federal physical security requirements; (b) That originate from or are destined for a federal facility; or (c) That include material owned by the federal government. (3) In accordance with ORS 469.603 and 469.607, it is the intent of these rules to be consistent with the United States Department of Transportation and Nuclear Regulatory Commission rules. Statutory/Other Authority: ORS 469.470, 469.605 & 469.607 Statutes/Other Implemented: ORS 469.603 - 469.615 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82 NTEC 7, f. 2-20-74, ef. 3-11-74