reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Notices; Instructions and Reports to Employees; Inspections › Section 459.784 - Instructions to employees

Current through June 11,
				  2024
1. All persons who
				  in the course of employment are likely to receive in 1 year an occupational
				  dose of more than 100 millirems must:
(a) Be
				  informed of the storage, transfer or use of radioactive material or of
				  radiation;
(b) Be instructed in the
				  problems of health protection associated with exposure to such radioactive
				  material or radiation;
(c) Be
				  instructed in precautions or procedures to minimize exposure and in the
				  purposes and functions of the protective devices which are provided;
(d) Be instructed in and required to comply
				  with the provisions of NAC 459.010 to 459.794, inclusive, and licenses which
				  pertain to the protection of personnel from any exposures to radiation or
				  radioactive materials;
(e) Be
				  informed of their responsibility to report promptly to the licensee or
				  registrant any condition which may cause or lead to a violation of NAC 459.010
				  to 459.794, inclusive, or licenses or any unnecessary exposure to radiation or
				  radioactive material;
(f) Be
				  instructed in the appropriate response to warnings made in the event of any
				  unusual occurrence or malfunction that may involve exposure to radiation or
				  radioactive material; and
(g) Be
				  advised of the existence of exposure reports to radiation which workers may
				  request pursuant to NAC 459.786.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Notices; Instructions and Reports to Employees; Inspections › Section 459.786 - Reporting of certain information

Current through June 11,
				  2024
1. Data concerning
				  a person's exposure to radiation and the results of any measurements, analyses
				  and calculations of radioactive material deposited or retained in the body of a
				  person must be reported to him or her, as specified in this section. The
				  information reported must include data and results obtained pursuant to NAC
				  459.010 to 459.794, inclusive, orders or conditions set forth in the license or
				  registration, as shown in records maintained by the licensee or registrant
				  pursuant to those sections. Each notification and report must:
(a) Be in writing;
(b) Include the name of the registrant or
				  licensee, the name of the person and his or her social security
				  number;
(c) Include the information
				  relating to the person's exposure; and
(d) Contain the following statement:
This report is furnished to you pursuant to NAC 459.780 to 459.794,
				  inclusive, adopted by the State Board of Health. You should preserve this
				  report for further reference.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Notices; Instructions and Reports to Employees; Inspections › Section 459.790 - Inspections: Consultation with employees

Current through June 11,
				  2024
1. The inspectors
				  of the Division may consult privately with workers on matters related to their
				  protection from occupational radiation and matters related to applicable
				  provisions of NAC 459.010 to 459.794, inclusive, to the extent that the
				  inspectors deem necessary for the conduct of an effective and thorough
				  inspection.
2. During the course of
				  an inspection, any worker may bring privately to the attention of the
				  inspectors, either orally or in writing, any past or present condition which
				  the worker has reason to believe may have contributed to or caused any
				  violation of chapter 459 of NRS, NAC 459.010 to 459.794, inclusive, or license
				  condition, or any unnecessary exposure of a person to radiation from licensed
				  radioactive material or a registered radiation machine under the licensee's or
				  registrant's control. Any such notice in writing must comply with the
				  requirements of subsection 1 of NAC 459.792.
3. Subsection 2 is not an authorization to
				  disregard instructions in NAC 459.784.
Bd. of Health, Radiation Control
				  Reg. §§ 10.6-10.6.3, eff. 2-28-80
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Notices; Instructions and Reports to Employees; Inspections › Section 459.792 - Inspections: Requests by employees

Current through June 11,
				  2024
1. Any worker or
				  representative of workers who believes that a violation of chapter 459 of NRS,
				  NAC 459.010 to 459.794, inclusive, or license conditions exists or has occurred
				  in work under a license or a registration with regard to radiological working
				  conditions in which the worker is engaged, may request an inspection by giving
				  notice of the alleged violation to the Division. Any such notice must be in
				  writing, set forth the specific grounds for the notice, and must be signed by
				  the worker or representative of the workers. A copy must be given to the
				  licensee or registrant by the Division no later than at the time of inspection
				  except that, upon the request of the worker giving the notice, his or her name
				  and the name of the persons referred to therein must not be disclosed in any
				  copy or on any record published, released or made available by the Division,
				  except for good cause shown.
2. If,
				  upon receipt of the notice, the Division determines that the complaint meets
				  the requirements in subsection 1, and that there is a reasonable ground to
				  believe that the alleged violation exists or has occurred, the Division shall
				  cause an inspection to be made as soon as practicable, to determine whether the
				  alleged violation exists or has occurred. Inspections pursuant to this section
				  need not be limited to matters referred to in the complaint.
3. No licensee or registrant may discharge or
				  in any manner discriminate against any worker because the worker has filed any
				  complaint, instituted or caused to be instituted any proceeding under NAC
				  459.010 to 459.794, inclusive, or has testified or is about to testify in any
				  such proceeding or because the worker, on behalf of himself or herself or
				  others, has exercised any option afforded by NAC 459.780 to 459.794,
				  inclusive.
Bd. of Health, Radiation Control
				  Reg. §§ 10.7-10.7.3, eff. 2-28-80
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Notices; Instructions and Reports to Employees; Inspections › Section 459.794 - Inspections: Informal review

Current through June 11,
				  2024
1. If the Division
				  determines, with respect to the complaint under NAC 459.792, that an inspection
				  is not warranted because there are no reasonable grounds to believe that a
				  violation exists or has occurred, the Division must notify the complainant in
				  writing of that determination.
2.
				  The complainant may obtain a review of the determination by submitting a
				  written statement of his or her position with the Chief Medical Officer, who
				  shall provide the licensee or registrant with a copy of the statement by
				  certified mail, excluding, at the request of the complainant, the name of the
				  complainant. The licensee or registrant may submit an opposing written
				  statement of position with the Chief Medical Officer, who shall provide the
				  complainant with a copy of the statement by certified mail. Upon request of the
				  complainant, the Chief Medical Officer may hold an informal conference,
				  pursuant to subsection 2 of NAC 459.136, in which the complainant and licensee
				  or registrant, may orally present their views. An informal conference may also
				  be held at the request of the licensee or registrant, but disclosure of the
				  identity of the complainant may be made only following receipt of his or her
				  written authorization. After considering all written or oral views presented,
				  the Chief Medical Officer shall affirm, modify or reverse the determination of
				  the Division and furnish the complainant and the licensee or registrant a
				  written notification of the decision and the reason therefore.
3. The informal conference cannot be appealed
				  and is the final remedy available to the complainant or the licensee or
				  registrant pursuant to subsection 3 of NAC 459.136.
4. If the Division determines that an
				  inspection is not warranted because the requirements of subsection 1 of NAC
				  459.792 have not been met, the Division shall notify the complainant in writing
				  of that determination. Such a determination is without prejudice to the filing
				  of a new complaint meeting the requirements of that subsection.
Bd. of Health, Radiation Control
				  Reg. §§ 10.8-10.8.4, eff. 2-28-80-NAC A
				  10-30-97
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.800 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.800 to 459.950, inclusive, unless the context otherwise requires, the
				  words and terms defined in NAC 459.8005 to 459.8055, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A 4-24-86; 6-23-86; 2-18-88; R084-98,
				  1-26-99
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.8005 - "Active maintenance" defined

Current through June 11,
				  2024
"Active maintenance" means any significant
				  activity needed during the period of control after closure of the disposal area
				  to ensure reasonable protection against inadvertent intruders and the migration
				  of radionuclides, including activities such as the pumping and treatment of
				  water from a disposal unit or replacement of the cover of a disposal unit. The
				  term does not include continuing custodial activities such as the repair of
				  fencing, repair or replacement of equipment for detecting radiation,
				  revegetation, minor additions to the depth of soil covering a disposal unit and
				  general upkeep such as mowing grass.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.801 - "Buffer zone" defined

Current through June 11,
				  2024
"Buffer zone" means a portion of the disposal
				  area which is controlled by the licensee and lies under the disposal units or
				  between the disposal units and the boundary of the disposal area.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.8015 - "Chelating agent" defined

Current through June 11,
				  2024
"Chelating agent" means amine polycarboxylic
				  acids, hydroxycarboxylic acids and polycarboxylic acids.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.802 - "Disposal" defined

Current through June 11,
				  2024
"Disposal" means the isolation of radioactive
				  wastes from the biospheres inhabited by humans and the plants and animals on
				  which they feed, directly or indirectly, by emplacement in a disposal area on
				  land.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.8025 - "Disposal area" defined

Current through June 11,
				  2024
"Disposal area" means the land which is used
				  for the disposal of waste, consisting of disposal units and a buffer
				  zone.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.803 - "Disposal unit" defined

Current through June 11,
				  2024
"Disposal unit" means a discrete portion of a
				  disposal area into which waste is placed for disposal. For disposal near the
				  surface, the unit is usually a trench.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.8035 - "Explosive material" defined

Current through June 11,
				  2024
"Explosive material" means any chemical
				  compound, mixture or device which produces a substantial instantaneous release
				  of gas and heat spontaneously or by contact with sparks or flame.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.804 - "Hydrogeological unit" defined

Current through June 11,
				  2024
"Hydrogeological unit" means a unit or zone of
				  soil or rock which by virtue of its porosity or permeability, or lack thereof,
				  has a distinct influence on the storage or movement of groundwater.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.8045 - "Inadvertent intruder" defined

Current through June 11,
				  2024
"Inadvertent intruder" means a person who
				  occupies a disposal area after its closure and engages in normal activities,
				  such as agriculture or the construction of a dwelling, in which he or she may
				  unknowingly be exposed to radiation from the waste.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.805 - "Near the surface" defined

Current through June 11,
				  2024
"Near the surface" means within the upper 100
				  feet (approximately 30 meters) of the earth's surface.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › General Provisions › Section 459.8055 - "Waste" defined

Current through June 11,
				  2024
"Waste" has the meaning ascribed to it in
				  subsection G of Article 2 of the Rocky Mountain Low-level Radioactive Waste
				  Compact in
				  NRS
				  459.007.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.806 - Scope

Current through June 11, 2024
NAC 459.806
				  to 459.8225, inclusive:
1. Establish
				  the procedures, criteria, terms and conditions upon which the Division will
				  issue licenses for the disposal in soil of radioactive wastes received from
				  other persons.
2. Do not apply to
				  the disposal of licensed material as provided in NAC 459.3355 and 459.359 to
				  459.3615, inclusive.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A 1-18-94
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8065 - General requirements for license

Current through June 11,
				  2024
A person who desires to apply for a license to
				  locate, design, construct and operate in this State an area for the disposal in
				  soil of wastes that are received from others and contain or are contaminated
				  with radioactive material must:
1.
				  Comply with the requirements for a specific license set forth in NAC 459.236;
				  and
2. Submit to the Division the
				  necessary general, technical, analytical, organizational and financial
				  information.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.807 - Collection of environmental data

Current through June 11,
				  2024
At the time a person applies for a license, the
				  person must have conducted a program to collect basic environmental data on the
				  characteristics of the proposed disposal area, including data about the
				  ecology, meteorology, climate, hydrology, geology, geochemistry and seismology
				  of the area. For those characteristics that are subject to seasonal variation,
				  the data must cover at least a 12-month period.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8075 - Application for license: General information

Current through June
				  11, 2024
An applicant for a license to operate a
				  disposal area must submit to the Division the following general
				  information:
1. The identity of the
				  applicant, including the full name, address, telephone number and a description
				  of the business or occupation of the applicant, and if the applicant is:
(a) A partnership, the name and address of
				  each partner and the principal location where the partnership does
				  business;
(b) A corporation or an
				  unincorporated association, the state where it is incorporated or organized,
				  the principal location where it does business and the names and addresses of
				  its directors and principal officers; and
(c) Acting as an agent or representative for
				  another person in filing the application, all information required under this
				  subsection which applies to the other person.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.808 - Application for license: Technical information

Current through
				  June 11, 2024
An applicant for a license to operate
				  a disposal area must submit to the Division the following technical information
				  to demonstrate that the applicant is capable of meeting the objectives and
				  technical requirements of disposal:
1.
				  A description of the natural and demographic characteristics of the disposal
				  area, including geologic, geotechnical, hydrologic, meteorologic, climatologic
				  and biotic features of the disposal area and its vicinity.
2. A description of the design of the
				  disposal area and proposed disposal units. For disposal near the surface, the
				  description must include those features of the design related to:
(a) The infiltration of water;
(b) Integrity of covers for disposal
				  units;
(c) Structural stability of
				  backfill, wastes and covers;
(d)
				  Contact of wastes with standing water;
(e) Drainage;
(f) Closure and stabilization;
(g) Elimination, to the extent practicable,
				  of long-term maintenance;
(h)
				  Prevention of inadvertent intrusion;
(i) Exposure of employees to
				  radiation;
(j) Detection of
				  radiation in the disposal area; and
(k) Adequacy of the size of the buffer zone
				  for detection and prevention of the migration of radionuclides.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8085 - Application for license: Analyses

Current through June 11,
				  2024
An applicant for a license to operate a
				  disposal area must submit to the Division the following analyses to demonstrate
				  that the objectives of disposal will be met:
1. Pathways of migration of radionuclides
				  which are analyzed in demonstrating protection of the general population from
				  releases of radioactivity must include air, soil, groundwater, surface water,
				  vegetative growth and exhumation by burrowing animals. The analyses must
				  clearly identify and differentiate between the roles performed by the natural
				  characteristics of the disposal area and features of design to isolate and
				  segregate the wastes. The analyses must clearly demonstrate that there is a
				  reasonable assurance that the exposures of persons to the release of
				  radioactivity will not exceed the limits set forth in NAC 459.8155.
2. Analyses of the protection of persons who
				  inadvertently intrude must include a demonstration that there is a reasonable
				  assurance that the requirement of segregation of wastes will be met and that
				  adequate barriers to inadvertent intrusion will be provided.
3. Analyses of the protection of persons
				  during operations must include assessments of expected exposures resulting from
				  routine operations and likely accidents during the handling, storage and
				  disposal of waste. The analyses must provide a reasonable assurance that
				  exposure will be controlled to meet the requirements of NAC 459.320 to 459.374,
				  inclusive.
4. Analyses of the
				  long-term stability of the disposal area and the need for active maintenance
				  after closure must be based upon analyses of active natural processes such as
				  erosion, mass wasting, slope failure, settlement of wastes and backfill,
				  infiltration through covers over disposal areas and adjacent soils and the
				  surface drainage of the disposal area. The analyses must provide a reasonable
				  assurance that active maintenance of the disposal area will not be needed
				  following closure.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A 1-18-94
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.809 - Application for license: Information concerning ownership

Current
				  through June 11, 2024
An applicant for a license to
				  operate a disposal area must submit to the Division the following information
				  concerning ownership of the area:
1.
				  If the disposal area is proposed to be located on land already owned by the
				  Federal Government or this State, a certification by the federal or state
				  agency which owns the land that the agency will:
(a) Accept transfer of the license when the
				  provisions of NAC 459.8215 are met; and
(b) Assume responsibility for custodial care
				  upon closure of the disposal area and observation and maintenance after
				  closure.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8095 - Application for license: Financial information

Current through
				  June 11, 2024
An applicant for a license to operate
				  a disposal area must submit to the Division financial information which is
				  sufficient to demonstrate that the finances of the applicant are adequate to
				  carry out the activities for which the license is sought and meet the financial
				  requirements in NAC 459.8115 to 459.813, inclusive.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.810 - General requirements of disposal area

Current through June 11,
				  2024
A disposal area must be so located, designed,
				  operated, closed and controlled after closure as reasonable to ensure
				  that:
1. Any exposures of persons to
				  radiation are within the limits established in this section and NAC 459.815 and
				  459.8155;
2. A person is protected
				  who inadvertently intrudes into and occupies the disposal area or comes into
				  contact with the waste at any time after active governmental control over the
				  disposal area is removed; and
3.
				  Long-term stability of the disposal area is achieved and the need for active
				  maintenance of the area following closure is eliminated to the extent
				  practicable, so that only surveillance, detection of radiation and minor
				  custodial care are required.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.811 - Design of disposal area

Current through June 11,
				  2024
The design of the disposal area must be
				  directed toward the long-term isolation of wastes and avoidance of the need for
				  active maintenance after closure of the area, and must meet the following
				  criteria:
1. The design and operation
				  of the disposal area must be compatible with the plan for closure and
				  stabilization and lead to closure which reasonably ensures that the objectives
				  of disposal will be met.
2. The
				  disposal area must be designed to complement and improve, where appropriate,
				  the capability of the disposal area's natural characteristics to ensure that
				  the objectives of disposal will be met.
3. Covers must be designed to:
(a) Minimize the infiltration of water to the
				  extent practicable;
(b) Direct
				  percolating or surface water away from the waste; and
(c) Resist degradation by surface geologic
				  processes and biotic activity.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8115 - Financial requirements: Demonstration of ability to obtain necessary money

Current through June 11,
				  2024
Each applicant must demonstrate to the
				  satisfaction of the Division that it possesses or has a reasonable likelihood
				  of obtaining the necessary money, to cover the estimated costs of conducting
				  all licensed activities over the planned operating life of the disposal area,
				  including costs of construction and disposal.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.812 - Financial requirements: Assurances of sufficient money for closure and stabilization

Current through June 11,
				  2024
1. The applicant
				  must provide assurances before the commencement of operations that sufficient
				  money will be available to carry out closure and stabilization of the disposal
				  area, including the decontamination or dismantling of structures in the
				  disposal area, so that after transfer of control over the disposal area to its
				  governmental owner, the need for active maintenance is eliminated to the extent
				  practicable and only minor custodial care, surveillance and detection of
				  radiation are required. These assurances must be based on cost estimates
				  approved by the Division for carrying out the plan for closure and
				  stabilization. The applicant's estimates of cost must take into account the
				  total costs that would be incurred if an independent contractor were hired to
				  perform the work of closure and stabilization.
2. In order to avoid duplication and
				  unnecessary expense, the Division will accept sureties or undertakings that
				  have been consolidated with other undertakings established to meet the
				  requirements of other federal, state or local governmental agencies for
				  decontamination closure and stabilization. The Division will accept these
				  consolidated undertakings only if:
(a) They
				  are considered adequate to satisfy the requirements of this section;
				  and
(b) The portion of the
				  undertaking which covers the closure of the disposal area is clearly identified
				  and committed for use in accomplishing those activities.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8125 - Financial requirements: Alternative form of assurance

Current
				  through June 11, 2024
1.
				  An alternative form of assurance may be provided by an undertaking which covers
				  a specific period, for example, 5 years, but which is automatically renewed
				  unless the party who issues the surety notifies the Division, the beneficiary
				  (the owner of the disposal area) and the principal (the licensee), not less
				  than 90 days before the date for renewal, of its intention not to renew. If the
				  undertaking is not renewed the licensee must submit another surety undertaking
				  within 30 days after notification of this intent. If the licensee fails to
				  provide such a replacement which is acceptable to the Division, the owner of
				  the disposal area may demand payment from the original surety or upon the
				  original undertaking. Proof of forfeiture must not be required to collect this
				  payment, so that, if the licensee does not provide an acceptable replacement
				  within the required time, the amount of the undertaking must be automatically
				  collected prior to its expiration.
2. The conditions described in subsection 1
				  must be clearly stated in any undertaking whose term is limited and must be
				  agreed to by all parties.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.813 - Financial requirements: Contract with governmental agency which owns disposal area

Current through June 11,
				  2024
1. Before the
				  Division issues a license, the applicant must provide for review and approval
				  by the Division of a copy of a periodically modifiable contract between the
				  applicant and the governmental agency which owns the disposal area that ensures
				  sufficient money will be available to cover the costs of inspecting the
				  disposal area, detecting radiation and any required maintenance during the
				  period of governmental control after closure. The Division will review the
				  contract periodically to ensure that changes in the value of money or in
				  technology and operations in the disposal area are reflected in the costs to be
				  covered.
2. Modifications to the
				  contract described in subsection 1 must be agreed to by the Division.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8135 - Variances

Current through June 11, 2024
The Division
				  may, upon application by an interested person or upon its own initiative, grant
				  a variance from any of the requirements of NAC 459.806 to 459.8225, inclusive,
				  which it finds:
1. Is not contrary to
				  law;
2. Will not endanger life or
				  property; and
3. Is in the public
				  interest.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.814 - Licenses: Necessary findings

Current through June 11,
				  2024
The Division will issue a license to receive,
				  possess and dispose of waste containing or contaminated with radioactive
				  material upon finding that:
1. The
				  issuance of the license will not constitute an unreasonable risk to the health
				  and safety of the public;
2. The
				  applicant is qualified by reason of training and experience to carry out the
				  disposal of waste in a manner that protects health and minimizes danger to life
				  and property;
3. The applicant's
				  proposed disposal area, its design and operations, including equipment,
				  facilities and procedures, and the plans for closure and care and control after
				  closure are adequate to protect the public health and safety in that they
				  provide reasonable assurance that:
(a) The
				  standards for protection from radiation as provided in NAC 459.320 to 459.374,
				  inclusive, will be met;
(b) The
				  general population will be protected from releases of radioactivity as provided
				  in NAC 459.8155;
(c) Any
				  inadvertent intruder into the area will be protected as provided in subsection
				  2 of NAC 459.810; and
(d) The
				  long-term stability of the buried waste and the disposal area will be achieved
				  and will eliminate to the extent practicable the need for active maintenance of
				  the disposal area after closure;
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8145 - Licenses: Conditions

Current through June 11,
				  2024
1. The Division
				  shall attach the following conditions to each license to operate a disposal
				  area which it issues:
(a) No license or any
				  right thereunder may be transferred, assigned or in any manner disposed of,
				  either voluntarily or involuntarily, directly or indirectly, through transfer
				  of control of the license to any person unless the Division finds, after
				  obtaining full information, that the transfer is in accordance with the
				  provisions of NAC 459.198 and gives its consent in writing in the form of an
				  amendment to the license.
(b) The
				  licensee shall submit written statements under oath upon request of the
				  Division at any time before termination of the license to enable the Division
				  to determine whether or not the license should be modified, suspended or
				  revoked.
(c) The license will be
				  transferred to the state agency which owns the land only after the plan for
				  closure approved by the Division is fully carried out, including observation
				  and maintenance after closure.
(d)
				  The licensee and its license are subject to the provisions of chapter 459 of
				  NRS and all rules, regulations and orders of the Division and any subsequent
				  amendments to them, adopted or issued in accordance with the terms of chapter
				  459 of NRS.
(e) The licensee shall
				  confine its possession and use of radioactive materials to the locations and
				  purposes authorized in its license.
(f) The licensee shall not dispose of
				  radioactive waste until the Division has inspected the disposal area and has
				  found it to be in conformance with the description, design and construction
				  described in the application for a license.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.815 - Conduct of operations: Standards for protection from radiation

Current through June 11, 2024
The licensee
				  must conduct operations at the disposal area in compliance with the standards
				  for protection from radiation set forth in NAC 459.320 to 459.374, inclusive,
				  except for releases of radioactivity in effluents from the disposal area which
				  are governed by the provisions of NAC 459.8155. The licensee must make
				  reasonable efforts to keep exposures to radiation as low as is reasonably
				  achievable.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A 1-18-94
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8155 - Limitations on annual release of radioactive material to general environment

Current through June 11,
				  2024
1. Concentrations
				  of radioactive material which may be released to the general environment in
				  groundwater, surface water, air, soil, plants or animals must not result in an
				  annual dose exceeding an equivalent of 25 millirems to the whole body, 75
				  millirems to the thyroid and 25 millirems to any other organ of any
				  person.
2. The licensee must make
				  reasonable efforts to keep releases of radioactivity in effluents to the
				  general environment as low as is reasonably achievable.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.816 - Segregation and disposal of waste

Current through June 11,
				  2024
1. The licensee
				  shall:
(a) Segregate wastes designated as
				  Class A pursuant to NAC 459.8265 to 459.8305, inclusive, from other wastes by
				  placing them in disposal units which are sufficiently separated from disposal
				  units for the other classes of waste so that any interaction between Class A
				  wastes and other wastes will not result in a failure to meet the objectives of
				  disposal. This type of segregation is not necessary for Class A wastes if they
				  meet the requirements for stability in NAC 459.8305.
(b) Dispose of wastes designated as Class C:
(1) So that the top of the waste is at least
				  16 feet below the top surface of the cover; or
(2) With barriers against intruders that are
				  designed to protect against an inadvertent intrusion for at least 500
				  years.
(c) Dispose of
				  all wastes in accordance with the requirements of subsections 2 to 8,
				  inclusive.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8165 - Records of shipments

Current through June 11,
				  2024
1. After receipt
				  and acceptance of a shipment of radioactive waste, the licensee shall record:
(a) The date of receipt and the condition of
				  the packages of waste as received at the disposal facility;
(b) Any discrepancies between the materials
				  listed on the manifest and those received;
(c) Any evidence of leaking or damaged
				  packages or radiation, or levels of contamination in excess of the limits
				  specified in the regulations of the United States Department of Transportation
				  and the Division;
(d) The traceable
				  shipment manifest number;
(e) A
				  description of any engineered barrier or structural overpack provided for
				  disposal of the waste;
(f) The
				  volume of any pallets, bracing or other shipping or on-site generated materials
				  that are contaminated and are disposed of as contaminated or suspect
				  materials;
(g) The date of disposal
				  of the waste and its location in the disposal area; and
(h) Any other information that may be
				  required by the Division as a condition of the license.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.817 - Program of environmental observation

Current through June 11,
				  2024
1. During
				  construction and operation of the disposal area, the licensee shall establish
				  and maintain a program of environmental observation to detect radiation.
				  Observations and measurements must be made and recorded to provide data to
				  evaluate potential effects on health and the environment during both the
				  construction and the operation of the disposal area and long-term effects and
				  the need for mitigative measures. The program for detection of radiation must
				  be capable of providing an early warning of releases of radionuclides from the
				  disposal area, before they leave the boundaries of the disposal area.
2. The licensee must have plans for taking
				  corrective measures if the program for detection of radiation detects a
				  migration of radionuclides which indicates that radionuclides may leave the
				  disposal area.
3. After the
				  disposal area is closed, the licensee who is responsible for surveillance of
				  the disposal area shall maintain a program for detection of radiation based on
				  the operating history and the closure and stabilization of the disposal area.
				  The program must be capable of providing an early warning of releases of
				  radionuclides from the disposal area, before they leave the boundaries of the
				  disposal area.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8175 - Authorization of specific alternatives to requirements

Current
				  through June 11, 2024
The Division may, upon request
				  or on its own initiative, authorize specific provisions other than those set
				  forth in NAC 459.807, 459.811, 459.816 and 459.817 for the segregation and
				  disposal of waste and for the design and operation of a disposal area if it
				  finds those specific provisions ensure reasonable compliance with the
				  requirements concerning disposal.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.818 - Inspection by Division

Current through June 11,
				  2024
1. Each licensee
				  shall permit the Division at all reasonable times to inspect radioactive waste
				  not yet disposed of and the premises, equipment, operations and facilities in
				  which radioactive wastes are received, possessed, handled, treated, stored and
				  disposed of, unless the licensee has a record of satisfactory compliance with
				  the regulations of the United States Department of Transportation, as
				  determined by the Division.
2. Each
				  licensee shall make available to the Division for inspection, upon reasonable
				  notice, records kept by it pursuant to the provisions of NAC 459.3665 and
				  459.800 to 459.8225, inclusive. An authorized representative of the Division
				  may copy for the Division's use any record required to be kept pursuant to the
				  provisions of NAC 459.010 to 459.950, inclusive.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A 6-23-86; 1-18-94; R084-98, 1-26-99; R149-07,
				  1-30-2008
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8185 - Tests by licensee or Division

Current through June 11,
				  2024
Each licensee shall perform, or permit the
				  Division to perform, any tests the Division deems appropriate or necessary for
				  the administration of NAC 459.800 to 459.8225, inclusive, including tests
				  of:
1. Radioactive wastes and
				  facilities used for the receipt, storage, treatment, handling and disposal of
				  radioactive wastes;
2. Instruments
				  for the detection and measurement of radiation; and
3. Other equipment and devices used in
				  connection with the receipt, possession, handling, treatment, storage and
				  disposal of radioactive waste.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.819 - Annual reports

Current through June 11,
				  2024
Each licensee shall submit to the Division the
				  following annual reports:
1. A report
				  of activities at the disposal area during the preceding year which includes:
(a) A specification of the quantity of each
				  of the principal radionuclides released to unrestricted areas in liquid and in
				  airborne effluents;
(b) The results
				  of the program for detecting radiation;
(c) A summary of the surveys and maintenance
				  of disposal units;
(d) A summary,
				  by class of waste, of activities and quantities of radionuclides disposed
				  of;
(e) Any instance in which
				  observed characteristics of the disposal area or its vicinity were
				  significantly different from those described in the application for a license;
				  and
(f) Any other information the
				  Division may require.
This report must be submitted by the end of the
				  first calendar quarter of each year for the preceding year. If the quantities
				  of radioactive materials which have been released during the reporting period,
				  while disposing of wastes, performing maintenance, measuring the area to detect
				  radiation or during other activities are significantly different from the
				  quantities anticipated in the plans and other documents which were a part of
				  the licensee's application for a license, the report must specifically describe
				  those differences.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8195 - Records and reports: Preparation; retention; reproduced copy

Current through June 11, 2024
1. Each licensee shall prepare and keep such
				  records and submit such reports in connection with its licensed activities as
				  may be required by the conditions of the license or the regulations or orders
				  of the Division.
2. Each licensee
				  shall keep copies of required records and reports for the period specified in
				  NAC 459.3665 or in the license. If a period of retention is not otherwise
				  specified, these records must be kept and transferred to the persons specified
				  by the Division upon termination of its license unless the Division authorizes
				  their disposition at an earlier date.
3. A record which is required to be kept may
				  be maintained in the form of the original, or a reproduced copy or on microfilm
				  if the reproduced copy or microfilm is capable of producing a copy that is
				  clear and legible at the end of the required period of retention.
4. If different periods of retention are
				  specified for the same type of record in this regulation, a condition of the
				  license or an order of the Division, the longest period specified takes
				  precedence.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A 1-18-94
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.820 - Renewal of license

Current through June 11,
				  2024
1. An application
				  for the renewal of a license must be filed at least 90 days before the date of
				  its expiration and be in accordance with the provisions of NAC 459.8065 and
				  459.8075 to 459.8095, inclusive.
2.
				  Information contained in applications, reports or other documents previously
				  filed with the Division under the license may be incorporated by reference if
				  the reference is clear and specific.
3. If a licensee has filed a complete
				  application for renewal of a license, the license does not expire until the
				  Division has taken final action on the application for renewal.
4. In determining whether a license will be
				  renewed, the Division will apply the criteria set forth in NAC
				  459.814.
5. The date of expiration
				  on a license or the denial of an application to renew a license applies only to
				  the licensee's activities above the ground at the disposal area and authority
				  to dispose of waste. Failure to renew a license does not relieve the licensee
				  of responsibility for carrying out the plan for closure of the disposal area
				  including inspection of the area and detection of radiation after closure, and
				  transfer of the license to the governmental agency which owns the disposal
				  area.
Added to NAC by Bd. of Health,
				  eff. 4-27-84
NRS
				  459.201