reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.796 - Quality Assurance Records

Current through Register 1525, July 5, 2024
The licensee shall maintain sufficient written records to
				  describe the activities affecting quality. These records must include changes
				  to the quality assurance program as required by 105 CMR 120.794. The records
				  must include the instructions or procedures that establish a records retention
				  program that is consistent with applicable regulations and designates factors
				  such as duration, location, and assigned responsibility. The licensee shall
				  retain these records for three years beyond the date when the licensee last
				  engaged in the activity for which the quality assurance program was developed.
				  If any portion of the quality assurance program, written procedures or
				  instructions is superseded, the licensee shall retain the superseded material
				  for three years after it is superseded.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.797 - Audits

Current through Register 1525, July 5, 2024
The licensee shall carry out a comprehensive system of
				  planned and periodic audits to verify compliance with all aspects of the
				  quality assurance program and to determine the effectiveness of the program.
				  The audits must be performed in accordance with written procedures or
				  checklists by appropriately trained personnel not having direct
				  responsibilities in the areas being audited. Audited results must be documented
				  and reviewed by management having responsibility in the area audited. Follow-up
				  action, including reaudit of deficient areas, must be taken where
				  indicated.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.798 - Appendix A - Determination of A[1] and A[2]

Current through Register 1525, July 5, 2024
I. Values of A1 and
				A2 for individual radionuclides, which are the bases for
				many activity limits elsewhere in 105 CMR 120.000 are given in Table A-1. The
				curie (Ci) values specified are obtained by converting from the Terabecquerel
				(TBq) figure. The Terabecquerel values are the regulatory standard. The curie
				values are for information only and are not intended to be the regulatory
				standard. Where values of A1 or
				A2 are unlimited, it is for radiation control purposes
				only. For nuclear criticality safety, some materials are subject to controls
				placed on fissile material.
II.
(a) For individual radionuclides whose
				identities are known, but which are not listed in Table A-1, the
				A1 and A2 values contained in
				Table A-3 may be used. Otherwise, the licensee shall obtain prior Agency
				approval of the A1 and A2 values
				for radionuclides not listed in Table A-1, before shipping the
				material.
(b) For individual
				radionuclides whose identities are known, but which are not listed in Table
				A-2, the exempt material activity concentration and exempt consignment activity
				values contained in Table A-3 may be used. Otherwise, the licensee shall obtain
				prior Agency approval of the exempt material activity concentration and exempt
				consignment activity values for radionuclides not listed in Table A-2, before
				shipping the material.
(c) The
				licensee shall submit requests for prior approval, described in Appendix AII(a)
				and II(b), to the Agency, in accordance with
				105 CMR
				120.013.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.801 - Purpose and Scope

Current through Register 1525, July 5, 2024
(A)
									105
				CMR 120.800 establishes procedures,
				performance objectives, criteria, terms and conditions governing the issuance
				of licenses for the treatment, storage or disposal of low-level radioactive
				wastes received from other persons, as well as the development, operation,
				closure, post-closure observation and maintenance, and institutional control of
				a low-level radioactive waste treatment, storage or disposal facility. The
				requirements of
				105
				CMR 120.800 are in addition to, and not in
				substitution for, other applicable requirements of 105 CMR 120.000.
(B)
									105
				CMR 120.800 is applicable to any low-level
				radioactive waste facility for treatment, storage, or disposal of all classes
				of waste, which are not exempt from regulation pursuant to
				105 CMR
				120.200 as well as any wastes that the Board
				has required to be treated, stored or disposed of at a low-level radioactive
				waste facility.
(C)
									105
				CMR 120.800 is applicable to any method of
				treatment, storage or disposal except shallow land burial, as defined in
				105 CMR 120.803.
				Shallow land burial is prohibited.
(D) Class A, B, C, as defined in
				105 CMR
				120.200, and mixed waste may be accepted for
				storage, treatment or disposal at a facility, if the Board so determines. Waste
				received at a facility shall be handled in accordance with the operational
				requirements of
				105
				CMR 120.800.
(E) Any facility licensed pursuant to 105 CMR
				120.800 may also accept NARM waste if the Board so determines. The limits of
				the quantities and concentrations of such NARM waste that may be accepted shall
				be specified as part of the waste acceptance criteria to be determined by the
				Board.
(F) No waste shall be
				acceptable for storage, treatment or disposal at a facility if either the
				Operator or the Department has reason to believe that the waste, as originally
				generated, was not radioactive. Acceptance of such waste shall be subject to
				penalty.
(G) No waste shall be
				accepted from an electric-power-generating facility if such waste requires
				regulations more stringent than the most stringent management required for any
				waste that may be accepted at the facility from another generator.
(H) In addition to the requirements of 105
				CMR 120.800 all facility operations are subject to the requirements of 105 CMR
				120.001, 120.100, 120.200 and 120.750. If a conflict in 105 CMR 120.000 exists,
				the more stringent provision shall apply.
(I)
									105
				CMR 120.800 does not authorize the treatment,
				storage or disposal of byproduct material as defined in
				105 CMR 120.005:
				Byproduct Material in quantities greater than 10,000 kilograms containing more
				than five millicuries of radium-226. Nor do they apply to the disposal of
				radioactive material as provided for in
				105 CMR
				120.200.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.802 - Regulatory Authority

Current through Register 1525, July 5, 2024
The authority for the Department of Public Health to
				  promulgate 105 CMR 120.800 is found in: M.G.L. c. 111, §§ 3, 5M, 5N,
				  5O and 5P; M.G.L. c. 111H, §§ 1, 7, 8, 11, 13, 16 and
				  31.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.810 - General Requirements

Current through Register 1525, July 5, 2024
(A) No person may
				treat, store or dispose of waste received from other persons, unless authorized
				by a license issued by the Department pursuant to 105 CMR 120.800 and
				120.100.
(B) No license shall be
				issued to operate a disposal facility which does not permit monitoring and
				retrieval of the waste.
(C) In
				order to obtain a facility license pursuant to 105 CMR 120.800, an applicant
				shall provide full documentary evidence of having been designated an Operator,
				and shall demonstrate that the facility site has been selected and the facility
				is designed and will be constructed, operated, closed and controlled after
				closure so that the environmental and human exposure performance objectives set
				forth in
				105
				CMR 120.811 through
				120.814
				are satisfied.
(D) Any facility so
				licensed shall be constructed, operated, closed and controlled after closure so
				that environmental and human exposure performance objectives set forth in
				105
				CMR 120.811 through
				120.814
				are satisfied.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.811 - Protection of the General Population from Releases of Radioactivity

Current through Register 1525, July 5, 2024
Concentrations of radioactive material which may be released
				  to the general environment in ground water, surface water, air, soil, plants,
				  or animals shall not result in an annual dose exceeding an equivalent of 25
				  millirems (0.25 mSv) to the whole body, 75 millirems (0.75 mSv) to the thyroid,
				  and 25 millirems (0.25 mSv) to any other organ of any member of the public. The
				  Operator shall assume initiatives which are necessary to maintain releases of
				  radioactivity in effluents to the general environment as low as is reasonably
				  achievable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.812 - Protection of Individuals from Inadvertent Intrusion

Current through Register 1525, July 5, 2024
Design, operation, and closure of a facility shall ensure
				  protection of any individual inadvertently intruding into the facility and
				  occupying the site or contacting the waste at any time after active
				  institutional controls over the facility are removed.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.813 - Protection of Individuals During Operations

Current through Register 1525, July 5, 2024
Operations at a facility shall be conducted in compliance
				  with the standards for radiation protection set out in 105 CMR 120.200, except
				  for releases of radioactivity in effluents from the facility, which shall be
				  governed by
				  105
				  CMR 120.811. The Operator shall assume
				  initiatives which are necessary to maintain radiation exposures as low as is
				  reasonably achievable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.814 - Stability of the Facility After Closure

Current through Register 1525, July 5, 2024
The facility shall be sited, designed, used, operated, and
				  closed to achieve long-term stability of the facility and to eliminate, to the
				  extent practicable, the need for long-term active maintenance of the facility
				  following closure so that only surveillance, monitoring, or minor custodial
				  care are required.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.815 - Facility Design

Current through Register 1525, July 5, 2024
(A) Any disposal
				method utilized at a facility shall permit retrieval and monitoring of the
				waste.
(B) Retrieval of waste from
				disposal units must be feasible through the institutional control period
				without adversely affecting the ability of the facility to meet the performance
				objectives set forth in
				105
				CMR 120.811 through
				120.814.
(C) The Operator shall provide extensive
				security for the facility during the development, operation, closure,
				post-closure observation and maintenance, and institutional control of the
				facility for a period of time that ensures the health and safety of the general
				public and the environment. The Operator shall allow site community
				participation in this security planning process.
(D) Any facility accepting waste for disposal
				shall, to the extent practicable, be designed, operated, closed and controlled
				after closure so as to maintain the gross physical properties and identity of
				such waste and containers for a minimum of 100 years for Class A waste, 300
				years for Class B waste, and 500 years for Class C waste.
(E) Any disposal facility shall have its
				engineered structures designed with the goal to totally hold their waste
				content for the period of the hazardous life of the radioactive waste (zero
				release design objective).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.816 - Facility Institutional Control

Current through Register 1525, July 5, 2024
(A) The
				design of any facility accepting waste for disposal shall be based on the
				assumption that the period of active institutional controls shall not exceed
				100 years.
(B) The actual
				institutional control period shall not be less than the minimum time required
				for any waste present at the site to decay to the maximum concentrations above
				natural background levels permitted to be released into air or water in
				unrestricted areas under federal and state law.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.820 - License Required

Current through Register 1525, July 5, 2024
(A) No person may
				treat, store or dispose of low-level radioactive waste received from other
				persons unless authorized by a license issued by the Department pursuant to 105
				CMR 120.800 and 120.100.
(B) The
				Department shall not license any facility pursuant to 105 CMR 120.800 unless
				the Operator has provided a certification by the Board that the facility is
				proposed to be sited on a superior site selected pursuant to M.G.L c. 111H,
				§ 23(g). Such certification shall not be made unless the time period set
				forth in M.G.L. c. 111H, § 24(a) for the filing of a petition for an
				adjudicatory proceeding has expired without such a petition being filed or, if
				such petition has been filed, until the Department of Environmental Protection
				has issued a final decision approving the selection of the superior site
				pursuant to M.G.L. c. 111H, § 24(c).
(C) Except as provided in M.G.L. c. 111H,
				§ 12(b)(10), the Department shall not issue a facility license unless the
				person making application for such license has provided full documentation of
				having been designated an Operator in accordance with the procedures
				established pursuant to M.G.L. c. 111H, §§ 22 and 27.
(D) The Department shall not issue such a
				license unless the Operator has obtained all other permits and licenses
				required by law in order to commence construction of a facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.822 - Content of Application

Current through Register 1525, July 5, 2024
(A) In addition to
				the requirements set forth in 105 CMR 120.100, an application for a facility
				license shall include the general information, specific technical information,
				institutional information, financial information, and the results of
				preoperational environmental monitoring set forth in
				105 CMR
				120.823 through
				120.828.
(B) The applicant shall prepare, and submit
				as part of the application, a Safety Analysis Report (SAR). The Safety Analysis
				Report must follow the format described in the most current revision of United
				States Nuclear Regulatory Commission's publication,
Standard Format and
				Content of a License Application for a Low-Level Radioactive Waste Disposal
				Facility,
(NUREG-1199). The SAR must include all of the applicable
				information required in NUREG-1199, in addition to the information required in
				105 CMR
				120.823 through
				120.828,
				and will be reviewed by the Department following the guidance contained in the
				most current revisions of NUREG-1200 and NUREG-1300.
Only certain general sections of NUREG-1199, which do not
				  specifically address disposal facilities, are of direct relevance to treatment
				  and storage facilities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.823 - General Information

Current through Register 1525, July 5, 2024
The general information shall include each of the
				  following:
(A) Identity of the
				Operator including:
(1) The full name address,
				telephone numbers and description of the business or occupation of the
				Operator; and
(2) If the Operator
				is a partnership, the name and address of each partner and the principal
				location where the partnership does business.
(3) If the Operator is a corporation or an
				unincorporated association:
(a) The state
				where it is incorporated or organized and the principal location where it does
				business; and
(b) The names and
				addresses of its directors and principal officers.
(4) If the Operator is acting as an agent or
				representative of another person in filing the application, all information
				required under 105 CMR 120.823(A) must be supplied with respect to the other
				person.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.824 - Specific Technical Information

Current through Register 1525, July 5, 2024
The specific technical information shall include the
				  following information needed for demonstration that the performance objectives
				  and applicable technical requirements of 105 CMR 120.800 will be met:
(A) A description of the natural
				characteristics of the site and demographic characteristics of the surrounding
				areas and populations as determined by site selection and characterization
				activities. The description shall include geologic, geochemical, geotechnical,
				hydrologic, cultural, scenic, historical, ecologic, archaeologic, meteorologic,
				climatologic, and biotic features of the facility and vicinity.
(B) An identification of any known natural
				resources, the exploitation of which could result in inadvertent intrusion upon
				the site.
(C) A description of the
				design features of the facility, its waste management areas and any disposal
				units including, in particular, design features or other provisions for normal
				and abnormal or accident conditions. The description shall include those design
				features related to the following:
(1)
				Prevention or minimization of infiltration by water, plants, and
				animals;
(2) Water management
				features for water that may enter any disposal units or other waste management
				areas;
(3) Integrity and stability
				of engineered barriers;
(4)
				Stability of intruder barriers surrounding wastes;
(5) Facility drainage;
(6) Adequacy of the size of the buffer
				zone;
(7) Monitoring;
(8) Retrievability;
(9) Occupational exposures;
(10) Facility closure;
(11) Minimization to the extent practicable
				of long term active maintenance; and,
(12) Protection from inadvertent
				intrusion.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.825 - Technical Analyses

Current through Register 1525, July 5, 2024
(A) The specific
				technical information shall also include the following analyses needed to
				demonstrate that the performance objectives set forth in
				105
				CMR 120.811 through
				120.814
				will be met:
(1) Pathways analyzed in
				demonstrating protection of the general population from releases of
				radioactivity shall include air, soil, groundwater, surface water, plants and
				animals. The analyses shall clearly identify and differentiate between the
				roles performed by the natural site characteristics and facility design
				features in isolating and segregating the wastes. The analyses shall
				demonstrate that there is assurance that the exposures to humans from the
				release of radioactivity will not exceed the limits set forth in
				105
				CMR 120.811.
(2) Analyses of the protection of individuals
				from inadvertent intrusion shall demonstrate that waste classification and
				segregation requirements will be met and that intruder barriers will be
				provided.
(3) Analyses of the
				protection of individuals during operations shall include assessments or
				expected exposures due to routine operations and potential accidents during
				handling, treatment, storage, and disposal of waste. The analyses shall
				demonstrate that exposures will be controlled to meet the requirements of 105
				CMR 120.200.
(4) Analyses of the
				long term stability of the facility and the need for active long-term
				maintenance after closure shall be based upon analyses of active natural
				processes (such as, in the case of a disposal facility, erosion, mass wasting,
				slope failure, settlement of wastes, infiltration through adjacent soils, and
				surface drainage of the facility). The analyses shall demonstrate that there
				will not be a need for long term active maintenance of the facility following
				closure.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.826 - Institutional Information

Current through Register 1525, July 5, 2024
The institutional information submitted by the Operator shall
				  include:
(A) Certifications by the
				Board that the facility is proposed to be sited on land owned by the
				Commonwealth in fee simple absolute and that the Board is prepared to accept
				transfer of the license when the provisions of
				105 CMR
				120.870 are met and to assume responsibility
				for institutional control of the facility after closure and post-closure
				observation and maintenance are completed.
(B) All material submitted to, or
				substantially relied upon by the Board in support of its certification of the
				operator pursuant to M.G.L. c. 111H, § 22(c).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.827 - Financial Information

Current through Register 1525, July 5, 2024
(A) The Operator
				shall show that it either possesses the necessary funds or has reasonable
				assurance of obtaining the necessary funds, or a combination of the two, to
				cover the estimated costs of conducting all licensed activities over the
				planned operating life of the project, including costs of facility development,
				construction, operation, and closure. The Operator shall demonstrate that it is
				in compliance with all the financial criteria for operator certification set
				forth in
				345 CMR
				3.12:
Financial Criteria for Operator
				Certification.
(B) The
				Operator shall provide the Department with a certification issued by the Board
				that the amount expected to be contained in the institutional control account
				of the Low-Level Radioactive Waste Trust Fund will be adequate to pay the costs
				of institutional control of the facility pursuant to M.G.L. c. 111H,
				§§ 9 and 47. At any time that the Board determines that changes in
				inflation, technology of facility operations or other changes have
				significantly altered the factual basis for the certification issued pursuant
				to 105 CMR 120.827(B), it shall immediately notify the Department. Such
				notification shall include any proposal for changes in the schedule of
				surcharges for the Low-Level Radioactive Waste Trust Fund, adopted pursuant to
				M.G.L. c. 111H, § 38(c), deemed necessary by the Board.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.828 - Preoperational Environmental Monitoring

Current through Register 1525, July 5, 2024
(A)
				At the time a license application is submitted, the Operator shall present the
				results of preoperational environmental monitoring conducted to provide basic
				environmental data on the facility and site characteristics. The preoperational
				environmental monitoring program shall conform with that described in
				NUREG-1388 to the extent applicable to the type of facility, M.G.L. c. 111H,
				and the requirements of
				105 CMR
				120.831. The Operator shall include
				information about the ecology, meteorology, climate, hydrology, geology
				including geophysics and geotechnical engineering, geochemistry, seismology,
				and radiologic characteristics of the site and all other relevant information
				required in
				105 CMR
				120.824,
				120.825 and
				120.831
				necessary to demonstrate the suitability of the site for the intended
				use.
(B) For those characteristics
				that are subject to seasonal variation, any data collected by the Operator,
				together with data from the detailed site characterization conducted by the
				Board, shall cover a period of at least 12 consecutive months.
(C) The Operator shall continue the
				preoperational environmental monitoring program through the Department's
				license review period.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.829 - Standards for Issuance of a License

Current through Register 1525, July 5, 2024
A facility license may be issued by the Department, following
				  action of the Secretary of Environmental Affairs on a final environmental
				  impact report pursuant to M.G.L. c. 111H, § 30 and M.G.L. c. 30, §
				  62C, if it finds that:
(A) The
				issuance of the license will not constitute an unreasonable risk to the health
				and safety of the public;
(B) The
				Operator is qualified by reason of training and experience to carry out the
				proposed treatment, storage, or disposal operations in a manner that protects
				health and minimizes danger to life or property;
(C) The Operator's proposed facility design,
				environmental monitoring plan, equipment, operations, procedures, facility
				closure, post-closure observation and maintenance and institutional control are
				adequate to protect the public health and safety and demonstrate that the
				performance objectives set forth in
				105
				CMR 120.811 through
				120.814
				will be satisfied;
(D) The Operator
				has demonstrated that the applicable technical requirements of 105 CMR 120.800
				will be met;
(E) The Operator's
				proposal for institutional control demonstrates that such control will be
				provided for a length of time not less than the minimum time required for any
				waste present at the site to decay to the maximum concentrations above natural
				background levels permitted to be released into air or water in unrestricted
				areas under federal and state law, and that the institutional control meets the
				requirements of
				105 CMR
				120.871;
(F) The financial and surety arrangements
				comply with all the financial criteria for operator certification set forth in
				345 CMR
				3.12; and
(G) The Operator has provided a written
				statement indicating that the Operator's proposed facility design, equipment,
				operations procedures, closure, post-closure observation and maintenance, and
				institutional control meet all applicable environmental, public health, labor,
				occupational health and safety standards and regulations.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.830 - Conditions of Licenses

Current through Register 1525, July 5, 2024
(A) Each person
				licensed by the Department pursuant to 105 CMR 120.800 shall confine possession
				and use of materials to the locations and purposes authorized in the
				license.
(B) The Operator shall not
				treat, store or dispose of waste until the Operator has received written
				notification from the Department that the Department has inspected the facility
				and has found it to be in conformance with the design and construction
				described in the application for a license.
(C) The Operator shall be subject to the
				provisions of M.G.L. c. 111H, and to all rules, regulations, and orders of the
				Department. The terms and conditions of the license are subject to amendment,
				revision, or modification, by reason of amendments to, or by reason of rules,
				regulations, and orders issued in accordance with the terms of M.G.L. c.
				111H.
(D) The Department may
				incorporate in any license at the time of issuance, or thereafter, by
				appropriate rule, regulation or order, additional requirements and conditions
				with respect to the Operator's receipt, possession, treatment, storage, or
				disposal of waste as it deems appropriate or necessary in order to protect
				public health, safety or environment.
(E) The Department may require tests, reports
				and the keeping of records, and provide for such inspections of activities
				under the license that may be necessary or appropriate to effectuate the
				purposes of M.G.L. c. 111H and 105 CMR 120.800.
(F) The Department may issue orders to assure
				compliance with 105 CMR 120.800, or to cease activity in violation of 105 CMR
				120.800; it may revoke, suspend or modify licenses and impose a civil penalty
				or have the Attorney General bring an action to restrain, prevent or enjoin any
				conduct prohibited by 105 CMR 120.800 or compel action ordered by the
				Department as shall be stated in
				105 CMR
				120.016:
Enforcement.
(G)
				Each Operator shall notify the Department in writing immediately following the
				filing of a voluntary or involuntary petition for bankruptcy under any Chapter
				of Title 11 (Bankruptcy) of the United States Code by or against:
(1) The Operator;
(2) An entity (as that term is defined in 11
				U.S.C. §101(14)) controlling the Operator or listing the license of
				Operator as property of the estate; or,
(3) An affiliate (as that term is defined in
				11 U.S.C. §101(2)) of the license.
Such notification shall indicate the bankruptcy court in
				  which the petition for bankruptcy was filed and the date of the filing of the
				  petition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.832 - Facility Design

Current through Register 1525, July 5, 2024
(A) Facility design
				features shall be directed toward long-term isolation of waste and avoidance of
				the need for continuing active maintenance after closure.
(B) The facility design and operation shall
				be compatible with the facility closure and closure plan and lead to closure
				that ensures that the performance objectives set forth in
				105
				CMR 120.811 through
				120.814
				will be met.
(C) The facility shall
				be designed to complement and improve, where appropriate, the ability of the
				facility's natural characteristics to assure that the performance objectives
				will be met.
(D) Engineered
				barriers shall be designed to minimize to the extent practicable, water
				infiltration, to direct percolating of surface water away from waste, and to
				resist degradation by surface geologic processes and biotic activity.
(E) Surface features shall direct surface
				water drainage away from disposal units at velocities and gradients which will
				not result in erosion that will require ongoing active maintenance.
(F) The facility shall be designed to
				minimize to the extent practicable the contact of percolating or surface water
				with waste.
(G) The facility design
				shall incorporate subsidence monitoring and minimization; long term stability
				of any disposal units, storage and structural components; and facility safety
				systems to ensure protection of facility workers, members of the general
				public, and the environment.
(H)
				The design of any disposal facility shall incorporate structural monitoring
				provisions for a program which allows:
(1)
				Regular visual inspections of the exterior portions of any disposal
				units;
(2) Remote sensing of
				inaccessible areas, where applicable; and,
(3) Meters and gauges, as
				necessary.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.833 - Facility Construction

Current through Register 1525, July 5, 2024
(A) The Operator
				shall present facility construction plans to be approved by the Department
				prior to commencement of construction.
(B) The Operator may begin construction once
				the Department has determined that:
(1) The
				operator environmental monitoring program and Department environmental
				monitoring program, together with the detailed site characterization of the
				site, has yielded comprehensive baseline data.
(2) All required financial assurances have
				been accepted.
(3) All
				pre-construction conditions of the facility license have been
				satisfied.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.834 - Operating Budget Reimbursements

Current through Register 1525, July 5, 2024
Once a license has been issued, and annually thereafter until
				  the facility license is transferred to the Board pursuant to
				  105 CMR
				  120.870, the Department shall establish a
				  payment to be made by the Operator. This payment shall equal the Department's
				  expected annual operating budget for the next fiscal year for its activities
				  with respect to the facility, except that the payment shall be adjusted by the
				  amount of any operating deficit or surplus previously incurred by the
				  Department. The Operator shall make such payment to the Commonwealth prior to
				  the commencement of the fiscal year.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.840 - Facility Opening

Current through Register 1525, July 5, 2024
(A) Prior to the
				acceptance of waste at a facility, the Operator shall notify the Department and
				the Board that the construction of the facility is complete and in compliance
				with all requirements of 105 CMR 120.800 and all license conditions, and that
				the facility is ready to accept waste.
(B) Prior to the acceptance of waste at a
				facility, the Operator shall file with the Department the waste acceptance
				criteria, approved by the Board, that will be utilized at the
				facility.
(C) Upon written
				notification from the Department that the Operator is in compliance with all
				the regulations and conditions of the facility license, and upon a
				determination of compliance with the comprehensive operating contract by the
				Board, commencement of operations may begin. The Operator shall be required to
				begin accepting waste within 30 days after such notification.
(D) No person may ship or transport any waste
				to a facility without the written consent of the Operator.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.841 - Facility Operation

Current through Register 1525, July 5, 2024
(A) Wastes
				designated as Class A pursuant to
				105 CMR
				120.247 shall be segregated from other wastes
				by emplacing them in disposal units that are sufficiently separated from
				disposal units for the other waste classes so that any interaction between
				Class A wastes and other wastes will not result in the failure to meet the
				performance objectives of 105 CMR 120.800. This segregation is not necessary
				for Class A wastes if they meet the stability requirements in
				105 CMR
				120.247(B).
(B) Wastes designated as Class C pursuant to
				105 CMR
				120.247 shall be disposed of with intruder
				barriers that are designed to protect against an inadvertent intrusion for at
				least 500 years.
(C) Waste arriving
				at the facility shall comply with all other pertinent Sections of 105 CMR
				120.000 with regard to waste classification, waste characteristics, labeling,
				manifests, the waste acceptance criteria approved by the Board and any
				applicable provisions of the comprehensive operating contract.
(D) The Operator shall have specific
				procedures to ensure compliance of waste with all applicable waste acceptance
				criteria.
(E) The Operator of any
				disposal facility shall require evidence of a certificate signifying the
				Department's approval of the waste minimization statement or plan of a
				generator, pursuant to 105 CMR 120.890 as a condition of access to the
				facility.
(F) Any facility
				accepting mixed waste shall provide an equivalent level of environmental
				protection as that required by M.G.L. c. 21C and 310 CMR 30.000.
(G) The Operator shall provide adequate
				training for all site workers in the proper handling of radioactive waste to
				ensure radiological controls. Such training shall include, but not be limited
				to:
(1) Basic Radiation Principles
(2) Basic Radiation Protection
(3) Radiation Biology
(4) Decontamination Methods
(5) Personnel Safety Precautions/Work
				Habits
(6) Accident Response
				Actions/Notifications
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.843 - Facility Boundaries and Markers

Current through Register 1525, July 5, 2024
(A) The
				boundaries and locations of any disposal unit shall be accurately located,
				adequately marked, and mapped.
(B)
				A buffer zone of land shall be maintained between the waste management area and
				the facility boundary. The buffer zone shall be of adequate dimensions to carry
				out environmental monitoring activities specified in
				105 CMR
				120.831 and satisfy the requirements of 310
				CMR 41.27(b).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.844 - Contingency Plans for Facility Operations

Current through Register 1525, July 5, 2024
(A)
				The Operator shall have contingency plans for unplanned occurrences, such as
				fires, accidents, radiological contaminations or releases of radioactivity into
				the environment, severe natural events, and any operational repair and waste
				recovery activities that may adversely affect the health and safety of the
				facility workers or general public. Any retrieval of waste pursuant to such
				contingency plans shall conform to the terms approved in the license.
(B) The plans shall identify the necessary
				minimal training, management, procedures, equipment, communications and
				notification systems, and human resources needed and required to provide
				emergency response to unplanned occurrences.
(C) The Operator shall include in the license
				application:
(1) Signed agreements with
				necessary emergency units that will respond to the requests from the
				Operator.
(2) A demonstration of
				adequate emergency response capability as deemed appropriate by the
				Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.845 - Facility Maintenance

Current through Register 1525, July 5, 2024
The Operator shall maintain the facility so as to remain in
				  compliance with all the terms and conditions of the license and 105 CMR
				  120.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.850 - Funding for Facility Closure

Current through Register 1525, July 5, 2024
(A) The
				Operator shall provide assurances prior to the commencement of operations, that
				sufficient funds will be available to carry out facility closure. These
				assurances shall be based on Department-approved cost estimates reflecting the
				Department-approved facility closure plan. The Operator's cost estimates must
				take into account total costs that would be incurred if an independent
				contractor were hired to perform the closure work. The assurances shall
				establish that there will be sufficient funds for:
(1) Decontamination, stabilization or
				dismantlement of facility components.
(2) Closure of the facility so that following
				transfer of the facility license to the Board, the need for ongoing active
				maintenance is minimized to the extent practicable and only minor custodial
				care, surveillance, and monitoring are required.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.851 - Application for Renewal or Closure

Current through Register 1525, July 5, 2024
An application for renewal or an application for closure must
				  be filed at least one year prior to the date scheduled for facility closure in
				  the facility closure plan. A final closure application shall include a final
				  revision and specific details of the facility closure plan included as part of
				  the license application submitted under
				  105 CMR 120.824(L)
				   that includes each of the following:
(A) Any additional geologic, hydrologic, or
				other data pertinent to the long-term containment of any emplaced wastes
				obtained during the operational period.
(B) The results of tests, experiments, or any
				other analyses relating to treatment, storage or disposal of waste, final
				closure and sealing, migration of radionuclides and interaction with
				emplacement media, or any other tests, experiments, or analysis pertinent to
				the long-term containment of any emplaced waste within the facility.
(C) Any proposed revision of plans for:
(1) Decontamination, stabilization and/or
				dismantlement of facility components; or,
(2) Post-closure observation and maintenance
				of the facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.852 - Procedures for Review of Application for Facility Closure and Closure Plan

Current through Register 1525, July 5, 2024
(A) The Department shall conduct a public
				meeting on the final closure plan at times to be determined after consultation
				with the Board in each site community, and other public meetings in neighboring
				communities upon request by the chief executive office of such community. The
				Board shall participate in each such public meeting.
(B) The Department shall accept written
				comments on the submitted plan from any interested person within 45 days of
				public notice of the availability of the plan. Prior to its acceptance of the
				plan, the Department shall consider and evaluate all comments made at a public
				meeting or submitted in writing.
(C) Upon review and consideration of an
				application for closure, the Department shall permit closure of the facility if
				there is assurance that the long-term performance objectives set forth in
				105 CMR
				120.814 will be met during post closure
				observation and maintenance and institutional control of the
				facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.853 - Facility Closure

Current through Register 1525, July 5, 2024
(A) The Operator
				shall monitor the facility and carry out the closure plan until the facility
				closure is complete. The Department shall, in cooperation with appropriate
				officials of each site community, periodically inspect the Operator's
				implementation of the facility closure plan to ensure that the requirements in
				105 CMR 120.800 and the conditions of the facility license are
				satisfied.
(B) Facility closure
				shall be conducted so as to ensure the stability of the facility until the
				facility license is transferred to the Management Board pursuant to
				105 CMR
				120.870:
Post-closure Observation and
				Maintenance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.860 - Post-closure Observation and Maintenance

Current through Register 1525, July 5, 2024
The Operator shall observe, monitor, and carry out necessary
				  maintenance and repairs at the facility until a period of five years after the
				  site closure is complete and the license is transferred by the Department in
				  accordance with
				  105 CMR
				  120.870. The Operator environmental
				  monitoring program of the facility shall continue as approved by the
				  Department. Responsibility for the facility must be maintained by the Operator
				  for not less than five years. A longer time period for post-closure observation
				  and maintenance may be required as part of the site closure plan, based on
				  facility-specific conditions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.870 - Transfer of License

Current through Register 1525, July 5, 2024
Following the period of post-closure observation and
				  maintenance, the Operator may apply to transfer the facility license to the
				  Board. The license shall be transferred under M.G.L. c. 111H, § 46 if the
				  Department finds:
(A) That the closure
				of the facility has been completed in conformance with the Operator's facility
				closure plan, as amended and approved as part of the license;
(B) That the performance objectives set forth
				in
				105
				CMR 120.811 through
				120.814
				are met;
(C) That all records of
				the Operator's development, operation, closure and post-closure observations
				and maintenance of the facility have been transferred to the Board in
				compliance with M.G.L. c. 111H, § 44, and that the Board has certified the
				adequacy of the amount contained in the institutional control account of the
				Low-level Radioactive Waste Trust Fund to pay the costs of institutional
				control of the facility pursuant to M.G.L. c.111H, §§ 9 and
				47;
(D) That the Board has adopted
				a plan for institutional control of the facility and to accept transfer of the
				license, and is prepared to continue the Operator environmental monitoring
				program; and
(E) That the
				Management Board is prepared to assume responsibility for and satisfy the
				institutional requirements as set forth in 105 CMR 120.800.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.871 - Institutional Control

Current through Register 1525, July 5, 2024
The Board shall conduct an institutional control program
				  which shall physically control access to the facility following transfer of
				  control of the facility from the facility Operator. The institutional control
				  program shall also include, but not be limited to, continuing the Operator
				  environmental monitoring, periodic surveillance, minor custodial care, and
				  other requirements as determined by the Department; and administration of funds
				  to cover the costs for these activities. The period of institutional controls
				  shall be determined by the Department and shall satisfy the requirements set
				  forth in
				  105 CMR
				  120.816.