Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-9 - RADIOACTIVE WASTE MATERIAL DISPOSAL › Rule 391-3-9-.05 - Waste Disposal Moratorium

Current through Rules and
				Regulations filed through June 27, 2024
(1) Based upon the public policy of the Act,
				an evaluation of the current technology relevant to the disposal of "other than
				low-level radioactive waste material," considering past operating experiences
				at radioactive waste storage and burial facilities, and in view of the previous
				lack effective radioactive waste management policies and programs at the
				federal level and upon the above findings of the Director, it is the policy of
				the Director, subject to the provisions of Section (2) and (3) hereof, to
				recognize a moratorium on the permitting for construction or operation of
				certain facilities for the disposal of "other than low-level radioactive waste
				material." The said moratorium shall be applicable to those commercially
				operated, government operated, or government-contract operated facilities used
				for the purpose of storage, concentration, and burial of all radioactive waste
				except that in certain limited cases as may be determined by the Director,
				disposal of low-level radioactive wastes by burial will be permitted in
				accordance with the requirements in Section .06 below, provided that the total
				quantity of material buried in any year does not exceed the limits specified in
				Title 10 Code of Federal Regulations. Part 20, Subpart 304, dated January 1,
				1976.
(2) Within 90 days of the
				effective date of these regulations, all existing radioactive waste material
				storage, concentration, and burial facilities not subject to the moratorium
				must submit an application for an operating permit to the Director. Included in
				the permit process are decommissioned NRC and State licensed radioactive
				material process facilities involving a decommissioning option where
				radiologically contaminated equipment and facilities are not dismantled and
				removed from the site to an authorized disposal facility, but remains in place
				in a deactivated state.
(3)
				Demonstration of Technology. Notwithstanding the findings of the Director
				contained in Rule (.04) above, and notwithstanding the policy of the Director
				as contained in Section (1) of this Rule (.05) any person may petition the
				Director for a reconsideration of the policy for operating "other than
				low-level radioactive waste material" disposal facilities within this State,
				and upon a demonstration by the petitioner to the satisfaction of the Director,
				that the findings of the Director concerning the non-availability of technology
				for the burial, storage, or concentration, of "other than low-level radioactive
				waste material" are no longer accurate and upon a demonstration of such
				technology, the Director will propose an amendment to Section (1) in accordance
				with the Georgia Administrative Procedure Act (Title 3A) and the Georgia
				Radiation Control Act.
Ga. L. 1964, p. 566,
				  as amended, particularly as amended by Ga. L. 1976, p. 1567, et. seq., at p.
				  1570, as amended.