reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.8205 - Application to amend license for closure

Current through June 11,
				  2024
1. A licensee who
				  desires to close a disposal area or is directed to do so by the Division shall
				  submit an application to amend the license for closure. An application for
				  closure must be filed at least 90 days before the date proposed for
				  closure.
2. The application for
				  closure must include a final revision and specific details of the plan for
				  closure of the disposal area which was a part of the application for a license.
				  The final revision of the plan for closure must include:
(a) Any additional geologic, hydrologic or
				  other data concerning the disposal area which is pertinent to the long-term
				  containment of wastes emplaced during the operation of the disposal
				  area;
(b) The results of tests or
				  any other analyses relating to back-filling of excavated areas, closure and
				  sealing, migration of waste and interaction with emplaced media, and any other
				  tests or analysis pertinent to the long-term containment of emplaced waste
				  within the disposal area;
(c) Any
				  proposed revision of plans for:
(1)
				  Decontamination or dismantling of facilities above the ground;
(2) Backfilling of excavated areas;
				  or
(3) Stabilization of the
				  disposal area for care after closure; and
(d) Any significant new information regarding
				  the environmental effect of the activities of closure and the long-term
				  performance of the disposal area.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Licenses for Disposal in Soil of Radioactive Wastes › Section 459.821 - Responsibility of licensee after authorization to close disposal area

Current through June 11, 2024
After
				  receiving authorization from the Division to close the disposal area, the
				  licensee shall continue the program for detection of radiation and inspect and
				  carry out necessary maintenance and repairs at the disposal area until closure
				  of the disposal area is complete and the license is transferred by the Division
				  to the governmental agency which owns the disposal area. Responsibility for the
				  disposal area must remain with the licensee for at least 5 years before the
				  transfer of the license, unless a shorter or longer period for observation and
				  maintenance after closure is established and approved by the Division as a part
				  of the closure plan, based on conditions peculiar to 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 459.8215 - Transfer of license to governmental agency after closure

Current
				  through June 11, 2024
Following closure and the
				  period of observation and maintenance after closure, the licensee may apply for
				  an amendment to transfer the license to the governmental agency which owns the
				  disposal area. The license will be transferred when the Division finds
				  that:
1. The closure of the disposal
				  area has been completed in conformance with the licensee's plan for closure as
				  revised and approved by the Division;
2. Reasonable assurance has been provided by
				  the licensee that the requirements for control of radiation have been
				  met;
3. Any money and records
				  necessary for care have been transferred to the owner of the disposal
				  area;
4. The program for detecting
				  radiation after closure is operational and may be carried out by the owner of
				  the disposal area; and
5. The
				  federal or state agency which will assume responsibility for control of the
				  disposal area is prepared to do so and will meet the requirements for control
				  in subsection 5 of NAC 459.814.
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 459.822 - Program to control access to area after transfer of control

Current through June 11, 2024
The
				  governmental agency to whom the land is transferred by the licensee shall carry
				  out a program to control physical access to the disposal area following
				  transfer of control of the disposal area. The program of control must also
				  include carrying out a program for detecting radiation at the disposal area,
				  periodic inspections, minor custodial care, other requirements determined by
				  the Division and administration of the money to cover the costs for these
				  activities. The period of control will be determined by the Division, but
				  controls may not be relied upon for more than 100 years after transfer of
				  control of the disposal area to the owner.
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 459.8225 - Amendment to terminate license

Current through June 11,
				  2024
1. After any period
				  of control by a governmental agency which is necessary to meet the requirements
				  under NAC 459.814, the agency which holds the license may apply for an
				  amendment to terminate the license. The license will be terminated if the
				  Division finds that:
(a) The requirements for
				  control under subsection 5 of NAC 459.814 have been met; and
(b) Any additional requirements resulting
				  from new information developed during the period of control have been met and
				  permanent monuments or markers warning against intrusion have been
				  installed.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Transportation of Radioactive Waste › Section 459.8231 - Requirements for shipping manifest; exceptions

Current through June
				  11, 2024
1. A waste
				  generator, waste collector or waste processor who transports or offers for
				  transportation low-level radioactive waste intended for ultimate disposal at a
				  licensed land disposal facility for low-level radioactive waste must, except as
				  otherwise provided in subsection 2, prepare a manifest that includes the
				  information requested on NRC Forms 540, 540A, 541 and 542, as applicable. NRC
				  Forms 540 and 540A must be completed by the waste generator, waste collector or
				  waste processor and must accompany the shipment. Upon agreement between the
				  waste generator, waste collector or waste processor and the consignee, NRC
				  Forms 541, 541A, 542 and 542A may be completed, transmitted and stored in
				  electronic media with the capability of producing legible, accurate and
				  complete records of the forms in the format of a uniform manifest.
2. A licensee is not required to comply with
				  subsection 1 if the licensee ships:
(a)
				  Low-level waste for processing and expects return of the waste before it is
				  disposed of at a licensed land disposal facility;
(b) Low-level waste that is being returned to
				  the licensee who is the generator; or
(c) Material that is contaminated with
				  radioactivity to a waste processor and the waste becomes the residual waste of
				  the waste processor.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Transportation of Radioactive Waste › Section 459.8235 - Procedure for transfer to land disposal facility, licensed waste collector or licensed waste processor

Current through June 11,
				  2024
1. Any licensee who
				  transfers radioactive waste to a land disposal facility or to a licensed waste
				  collector shall comply with all the requirements of this section. Any licensee
				  who transfers waste to a licensed waste processor for processing, treatment or
				  repackaging shall comply with the requirements of paragraphs (d) to (i),
				  inclusive, of subsection 2.
2. A
				  licensee shall:
(a) Prepare all wastes so that
				  they are in compliance with the permitted classes of waste set forth in NAC
				  459.8265 and 459.830 and meet the requirements for stability set forth in NAC
				  459.8305;
(b) Label each disposal
				  container or transport package to identify whether it contains Class A, Class B
				  or Class C waste, as set forth in NAC 459.8265 and 459.827;
(c) Conduct a program of inspection,
				  including managerial evaluation of audits, to ensure that the wastes conform to
				  permitted classes and the requirements for physical form and
				  packaging;
(d) Prepare the NRC
				  uniform low-level radioactive waste manifest that contains the required
				  information and certifications;
(e)
				  Forward or electronically transfer a copy of the NRC uniform low-level
				  radioactive waste manifest to the intended consignee so that the receipt of the
				  manifest precedes the shipment or so that the manifest is delivered to the
				  consignee with the waste at the time the waste is transferred to the
				  consignee;
(f) Include NRC Form 540
				  or NRC Form 540A, as applicable, with the shipment;
(g) Receive acknowledgment of the receipt of
				  the shipment in the form of a signed copy of NRC Form 540;
(h) Retain or electronically store a copy of
				  the uniform low-level radioactive waste manifest and documentation of the
				  acknowledgment of receipt as the required record of transfer of the licensed
				  material; and
(i) For a shipment or
				  part of a shipment for which an acknowledgment of its receipt has not been
				  received within 20 days after the shipping date, conduct the investigation
				  required pursuant to NAC 459.8255.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Transportation of Radioactive Waste › Section 459.824 - Duties of waste collector who collects and handles only prepackaged waste

Current through June 11, 2024
A waste
				  collector who collects and handles only prepackaged waste shall:
1. Acknowledge receipt of the waste from the
				  shipper by returning a signed copy of NRC Form 540 within 1 week after
				  receiving the waste.
2. Prepare a
				  new shipping manifest to reflect consolidated shipments that meets the
				  requirements of NAC 459.8231. The waste collector shall ensure that for each
				  container of waste in the shipment NRC Form 540 identifies the generator of
				  that container of waste.
3. Comply
				  with the provisions of paragraphs (e) to (i), inclusive, of subsection 2 of NAC
				  459.8235.
4. Notify the shipper and
				  Division when any shipment or part of a shipment has not arrived within 60 days
				  after receipt of an advanced manifest unless the waste collector is notified by
				  the shipper that the shipment has been cancelled.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A by R084-98, 1-26-99; A by Dep't of Human Resources by R137-01,
				  5-30-2003
NRS
				  459.030,
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Transportation of Radioactive Waste › Section 459.8245 - Duties of waste processor who processes, treats or repackages waste

Current through June 11, 2024
A waste
				  processor who processes, treats or repackages wastes shall:
1. Acknowledge receipt of the waste from the
				  shipper by returning a signed copy of NRC Form 540 within 1 week after receipt
				  of the waste.
2. Prepare a new
				  shipping manifest which contains the required information and certificate, the
				  preparation of which is acknowledgment that the waste processor is responsible
				  for the waste. For each container of waste in the shipment, the manifest must
				  set forth the waste generator, the volume of preprocessed waste and any other
				  information required pursuant to NAC 459.8231.
3. Prepare all wastes so that the waste is
				  classified according to NAC 459.8265 and meets the requirements of NAC 459.830
				  and 459.8305.
4. Label each package
				  of waste to identify whether it is Class A, Class B or Class C waste in
				  accordance with NAC 459.8265.
5.
				  Conduct a program of inspection, including a managerial evaluation of audits,
				  to ensure that the waste conforms to permitted classes and the requirements for
				  physical form and packaging.
6.
				  Forward or electronically transfer a copy of the uniform low-level radioactive
				  waste manifest to the consignee so that the manifest is received before or at
				  the same time the shipment is delivered to the consignee.
7. Include NRC Form 540 or Form 540A, as
				  applicable, with the shipment.
8.
				  Receive acknowledgment of the receipt of the shipment in the form of a signed
				  copy of NRC Form 540.
9. Retain or
				  electronically store a copy of the uniform low-level radioactive waste manifest
				  and documentation of acknowledgment of receipt as the required record of
				  transfer of licensed material.
10.
				  For any shipment or part of a shipment for which an acknowledgment of its
				  receipt has not been received within 20 days after the shipping date, conduct
				  the investigation required by NAC 459.8255.
11. Notify the shipper and Division when any
				  shipment or part of a shipment has not arrived within 60 days after receipt of
				  an advanced manifest, unless the waste processor is notified by the shipper
				  that the shipment has been cancelled.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A by R084-98, 1-26-99; A by Dep't of Human Resources by R137-01,
				  5-30-2003
NRS
				  459.030,
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Transportation of Radioactive Waste › Section 459.825 - Labels identifying classification of waste

Current through
				  June 11, 2024
A generator of waste or broker who
				  processes, treats or repackages waste must affix a label to each package of
				  waste before shipment to identify it as containing Class A, Class B or Class C
				  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 › Transportation of Radioactive Waste › Section 459.8255 - Investigation and report if receipt not acknowledged

Current through
				  June 11, 2024
Any shipment or part of a shipment of
				  waste which is delivered by a shipper to an authorized recipient and for which
				  acknowledgment of its receipt is not returned within 20 days after the shipping
				  date must be:
1. Investigated by the
				  shipper, including tracing of the shipment; and
2. Reported by the shipper to the Division
				  when the investigation is begun, and reported in writing to the Division within
				  2 weeks after completion of the investigation.
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 › Transportation of Radioactive Waste › Section 459.826 - Duties of operator of land disposal facility

Current through
				  June 11, 2024
An operator of a land disposal
				  facility shall:
1. Acknowledge receipt
				  of the waste within 1 week after its receipt by returning a signed copy of NRC
				  Form 540 to the shipper. The shipper to be notified is the licensee who last
				  possessed the waste and transferred the waste to the operator. The returned
				  copy or electronic copy of NRC Form 540 must indicate any discrepancies between
				  materials listed on NRC Form 540 and materials received.
2. Maintain copies of all completed manifests
				  and electronically store the information required pursuant to NAC 459.8165
				  until the Division authorizes their disposition.
3. Notify the shipper and the Division when
				  any shipment or part of a shipment has not arrived within 60 days after receipt
				  of an advance manifest, unless the operator of the land disposal facility is
				  notified by the shipper that the shipment has been cancelled.
4. Notify the Division within 5 days after
				  receipt of a shipment of any discrepancies between the materials listed on NRC
				  Form 540 and the materials received.
Added to NAC by Bd. of Health,
				  eff. 4-27-84; A by R084-98, 1-26-99
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Classification of Radioactive Waste › Section 459.8265 - Characteristics of each class

Current through June 11,
				  2024
Radioactive waste is classified according to
				  its concentration of radionuclides and the following characteristics:
1. Class A waste is waste that meets the
				  minimum requirements for packaging. Class A waste must be segregated from other
				  classes of waste unless it meets the requirements for stability, in which case
				  it does not have to be segregated.
2. Class B waste is waste that meets more
				  rigorous requirements on form to ensure stability after disposal. Class B waste
				  must meet the minimum requirements for physical form and packaging and for
				  stability.
3. Class C waste is
				  waste that not only meets more rigorous requirements on form to ensure
				  stability but also requires additional measures at the disposal area to protect
				  against inadvertent intrusion. Class C waste must meet the minimum requirements
				  for physical form and packaging and for stability.
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 › Classification of Radioactive Waste › Section 459.827 - Waste containing long-lived radionuclides

Current through
				  June 11, 2024
If the radioactive waste contains only
				  the long-lived radionuclides listed in Table 1, classification must be
				  determined as follows:
TABLE 1
Radionuclide
Concentration in curies/cubic meter
C-14
8
C-14 in activated metal
80
Ni-59 in activated metal
220
Nb-94 in activated metal
0.2
Tc-99
3
I-129
0.08
Alpha emitting
				  transuranic radionuclides with half-life greater than 5 years
100*
Pu-241
3,500*
Cm-242
20,000*
* Units are nanocuries per
				  gram
1. If
				  the concentration does not exceed 0.1 times the value in Table 1, the waste is
				  Class A;
2. If the concentration
				  exceeds 0.1 times the value in Table 1, the waste is Class C; and
3. If the concentration exceeds the value in
				  Table 1, the waste is not acceptable for burial at any state-owned 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 › Classification of Radioactive Waste › Section 459.8275 - Waste containing short-lived radionuclides

Current through
				  June 11, 2024
1. If the
				  radioactive waste does not contain any of the long-lived radionuclides listed
				  in Table 1, classification must be determined based on the concentrations of
				  short-lived radionuclides listed in Table 2. If a radionuclide is not listed in
				  Table 2, it does not need to be considered in determining the class of the
				  waste.
TABLE 2
Concentration in
				  curies/cubic meter
Radionuclide
Column 1
Column 2
Column 3
Total of all
				  radionuclides with less than 5-year half-life
700
**
**
H-3
40
**
**
Co-60
700
**
**
Ni-63
3.5
70
700
Ni-63 in activated metal
35
700
7000
Sr-90
0.04
150
7000
Cs-137
1
44
4600
** There are no limits established for these
				  radionuclides in Class B or C wastes. Practical considerations such as the
				  effects of external radiation and the internal generation of heat on the
				  transportation, handling and disposal of the waste will limit the
				  concentrations for these wastes. These wastes are Class B unless the
				  concentrations of other radionuclides in Table 2 result in the waste being
				  Class C independently of these radionuclides.
2. If the concentration does not exceed the
				  value in Column 1, the waste is Class A.
3. If the concentration exceeds the value in
				  Column 1, but does not exceed the value in Column 2, the waste is Class
				  B.
4. If the concentration exceeds
				  the value in Column 2, but does not exceed the value in Column 3, the waste is
				  Class C.
5. If the concentration
				  exceeds the value in Column 3, the waste is not acceptable for burial at a
				  state-owned 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 › Classification of Radioactive Waste › Section 459.828 - Waste containing mixture of long-lived and short-lived radionuclides

Current through June 11, 2024
If the
				  radioactive waste contains a mixture of long-lived and short-lived
				  radionuclides, some of which are listed in Table 1 and some of which are listed
				  in Table 2, classification must be determined as follows:
1. If the concentration of a radionuclide
				  listed in Table 1 is less than 0.1 times the value listed in Table 1, the class
				  must be determined by the concentration of radionuclides listed in Table 2;
				  and
2. If the concentration of a
				  radionuclide listed in Table 1 exceeds 0.1 times the value listed in Table 1,
				  the waste is Class C if the concentration of radionuclides listed in Table 2
				  does not exceed the value shown in Column 3 of Table 2.
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 › Classification of Radioactive Waste › Section 459.8285 - Absence of listed radionuclides

Current through June 11,
				  2024
If the radioactive waste does not contain any
				  of the radionuclides listed in Tables 1 and 2, it is Class A.
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 › Classification of Radioactive Waste › Section 459.829 - Waste containing mixture of radionuclides: Computation of classification

Current through June 11,
				  2024
If the waste contains a mixture of
				  radionuclides, the classification must be determined by dividing each nuclide's
				  concentration by its limit in the appropriate table and adding the resulting
				  quotients. In computing this sum, all limits must all be taken from the same
				  column of the same table. The sum of the fractions for the column must be less
				  than 1.0 if the class of the waste is to be determined by that column. For
				  example, a package of waste contains Sr-90 in a concentration of 50
				  Ci/m3 and Cs-137 in a concentration of 22
				  Ci/m3. Since the concentration of one of the
				  nuclides exceeds the value in Column 1 of Table 2, they must be compared to the
				  values in Column 2. The computations of the fractions are: for Sr-90,
				  50/150=0.33; for Cs-137, 22/44=0.5. The sum of the fractions is: 0.33 +
				  0.5=0.83. Since the sum is less than 1.0, the waste is Class B.
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 › Classification of Radioactive Waste › Section 459.8295 - Determination of concentration of radionuclide

Current through June
				  11, 2024
1. The
				  concentration of a radionuclide may be determined by an indirect method such as
				  the use of a scaling factor which relates the inferred concentration of one
				  radionuclide to the concentration of another that is measured, or by
				  radionuclide material accountability, if there is a reasonable assurance that
				  the indirect method can be correlated with actual measurements.
2. The concentration of a radionuclide may be
				  averaged over the volume of the waste, or over the weight of the waste if the
				  concentration is expressed as nanocuries per gram.
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 › Classification of Radioactive Waste › Section 459.830 - Requirements for physical form and packaging for all classes

Current through June 11, 2024
1. The minimum requirements for physical form
				  and packaging for all classes of waste are as follows:
(a) Radioactive wastes must be packaged in
				  conformance with the conditions of the license issued to the operator of the
				  disposal area to which the waste will be shipped, and if the conditions in the
				  license for disposal are more restrictive than the provisions of NAC 459.8231
				  to 459.8305, inclusive, the conditions in the license must govern;
(b) Wastes must not be packaged for disposal
				  in cardboard or fiberboard boxes;
(c) Liquid waste must be packaged in
				  absorbent material sufficient to absorb twice the volume of the
				  liquid;
(d) Solid waste containing
				  a liquid must contain as little free standing, noncorrosive liquid as is
				  reasonably achievable, but in no case may the amount of the liquid exceed 1
				  percent of the volume;
(e) Waste
				  must not be readily capable of detonation or of explosive decomposition or
				  reaction at normal pressures and temperatures or capable of explosive reaction
				  with water;
(f) Waste must not
				  contain or be capable of generating quantities of toxic gases, vapors or fumes
				  which are harmful to persons transporting, handling or disposing of the waste,
				  except for radioactive gaseous waste which is packaged in accordance with the
				  provisions of paragraph (h);
(g)
				  Waste must not be pyrophoric unless the pyrophoric materials contained in the
				  waste are treated, prepared and packaged to be nonflammable;
(h) Waste in a gaseous form must be packaged
				  at a pressure that does not exceed 1.5 atmospheres at 20 degrees C and an
				  amount of activity that does not exceed 100 curies per container;
(i) Waste containing hazardous, biological,
				  pathogenic or infectious material must be treated to reduce to the maximum
				  extent practicable the potential hazard from the nonradiological materials;
				  and
(j) Waste containing radium 226
				  must be in the form of a sealed source and packaged in a specification 2 R
				  inside containment vessel or its equivalent before it can be accepted for
				  disposal at the state-owned disposal area.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Classification of Radioactive Waste › Section 459.8305 - Minimum requirements for stability of wastes

Current through
				  June 11, 2024
The minimum requirements for the
				  stability of wastes are as follows:
1.
				  Waste must have structural stability and generally maintain its physical
				  dimensions and its form under the expected conditions of disposal and its
				  internal factors such as the effects of radiation and chemical changes.
				  Structural stability may be provided by the form of the waste, the processing
				  of the waste to a stable form or by placing the waste in a container for
				  disposal or other structure that provides stability after disposal.
2. Liquid wastes or waste containing liquid
				  must be converted into a form that contains as little free standing and
				  noncorrosive liquid as is reasonably achievable, but in no case may the liquid
				  exceed 1 percent of the volume of the waste if the waste is in a container for
				  disposal which is designed to ensure stability, or 0.5 percent of the volume of
				  the waste if the waste is processed to a stable form.
3. Any space within the waste or between the
				  waste and its package must be reduced to the extent practicable.
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 › Disposal of Waste in State-Owned Area › Section 459.850 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.850 to 459.950, inclusive, unless the context otherwise
				  requires:
1. "Authorized inspector"
				  means the Division or a third party designated by the Division to inspect the
				  program of an applicant or licensee for packaging and transporting low-level
				  radioactive waste.
2. "Broker"
				  means any person other than a common or contract carrier who collects or
				  receives radioactive waste from a producer of radioactive waste and who charges
				  for the service of disposing of the waste at the state-owned disposal area or
				  who takes responsibility for packaging radioactive waste or labeling containers
				  in conformance with applicable regulations as a service to the producer of the
				  waste.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. §§ 1.1-1.3, eff. 8-21-81-NAC A 4-24-86;
				  6-23-86
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.860 - Severability

Current through June 11, 2024
If any of
				  the provisions of NAC 459.850 to 459.950, inclusive, or any application thereof
				  to any person, thing, or circumstance is held invalid, it is intended that such
				  invalidity not affect the remaining provisions, or their application, that can
				  be given effect without the invalid provision or application.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. § 8.1, eff. 8-21-81
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.865 - License required; effect of license

Current through June 11,
				  2024
1. Any shipper or
				  producer of radioactive waste or any broker receiving such waste from another
				  person for the purpose of disposal who desires to dispose of that waste at the
				  state-owned disposal area near Beatty, Nevada, must obtain a license from the
				  Division before shipping the waste to the disposal area.
2. The issuance of a license pursuant to NAC
				  459.850 to 459.950, inclusive, is merely evidence of a revocable privilege and
				  does not expressly or impliedly create a property right or interest in the
				  license.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. § 2.1, eff. 8-21-81
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.870 - Application for license

Current through June 11,
				  2024
To obtain a license, a person must:
1. Submit a written application to the
				  Division on a form furnished by the Division, and provide the information
				  requested on the form and any other information requested by the
				  Division.
2. Permit an audit and
				  inspection of his or her program for radioactive waste to be conducted by an
				  authorized inspector at the site where the waste is generated or a broker holds
				  it awaiting shipment, unless the applicant has a record of satisfactory
				  compliance with the regulations of the United States Department of
				  Transportation, as determined by the Division.
3. Agree to allow unannounced inspections of
				  the site by an authorized inspector, unless the applicant has a record of
				  satisfactory compliance with the regulations of the United States Department of
				  Transportation, as determined by the Division.
4. Enter into an agreement with the State of
				  Nevada to hold it and the Division harmless from any loss or expense which may
				  arise from liability or consequential damage caused by the licensee's shipment
				  of radioactive waste from its place of origin to the state-owned disposal area.
				  The Division may waive this requirement if the licensee is not permitted by
				  state or federal law to enter into such an agreement.
5. Agree to comply with all federal and state
				  regulations relating to the transportation and packaging of radioactive waste
				  and the conditions of the license issued to the operator of the state-owned
				  disposal area.
6. Pay in advance
				  the fee established for the license.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. §§ 2.2-2.2.7, eff. 8-21-81-NAC A
				  6-23-86
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.875 - Audit and inspection prerequisite to licensing

Current through
				  June 11, 2024
To obtain qualification of his or her
				  program for packaging radioactive waste, an applicant for a license must submit
				  to the authorized inspector a request to have an audit and inspection of the
				  program. No license may be issued until an audit and inspection has been
				  completed.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. § 2.6, eff. 8-21-81
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.885 - Suspension or revocation of license

Current through June 11,
				  2024
1. If any licensee
				  ships radioactive waste to the state-owned disposal area in violation of NAC
				  459.910, the Division may suspend his or her license for up to 1 year:
(a) After giving the licensee prior notice;
				  and
(b) After a representative of
				  the Division has conducted an inspection of the licensee's radioactive waste at
				  the disposal area or an authorized inspector has conducted an inspection at the
				  site of the licensee's program for packaging the radioactive waste.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.890 - Reinstatement of suspended license

Current through June 11,
				  2024
1. The Division may
				  reinstate a suspended license before a period of suspension has ended if:
(a) The licensee's packaging program for
				  radioactive waste and the qualifications of the personnel engaged in that
				  program have been reexamined by the authorized inspector;
(b) The program and qualifications are
				  determined by the Division to be adequate; and
(c) The licensee has paid any penalties which
				  have been imposed.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.900 - Compliance with applicable federal and state laws

Current through
				  June 11, 2024
1. If any
				  agency of the Federal Government is subject to a federal statute or regulation
				  which precludes its compliance with any aspect of NAC 459.850 to 459.950,
				  inclusive, the agency may enter into separate arrangements with the Division
				  for disposal of radioactive waste in the state-owned disposal area if the
				  agency gives assurances, satisfactory to the Division, that its shipments of
				  radioactive waste to the area will be in compliance with all applicable
				  provisions of federal law and the provisions of state law concerning burial of
				  the waste at the area.
2.
				  Radioactive waste being shipped to the state-owned disposal area must remain
				  packaged in compliance with applicable federal regulations and NAC 459.850 to
				  459.950, inclusive, until the waste is received at the disposal area for
				  burial. The radioactive waste must be in such a physical condition and be so
				  packaged that the operator of the disposal area is able to dispose of the waste
				  without violating any condition of his or her license to operate the
				  area.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. §§ 2.3 & 2.4, eff.
				  8-21-81
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.910 - Duties of licensee

Current through June 11,
				  2024
A licensee:
1. Shall carry out his or her own written
				  program for ensuring the quality of the packaging of the radioactive waste and
				  radioactive material.
2. Shall
				  package the radioactive waste and radioactive material in accordance with:
(a) The regulations of the Secretary of
				  Transportation concerning the transportation of hazardous materials in 49
				  C.F.R. Parts 171 to 177, inclusive. The State Board of Health hereby
				  incorporates those regulations by reference. Those regulations are contained in
				  one volume of the Code of Federal Regulations and may be obtained by mail from
				  the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box
				  979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866)
				  512-1800, at a price of $75, or free of charge at the Internet address
https://www.ecfr.gov/
.
(b) The regulations of the Nuclear Regulatory
				  Commission concerning the packaging and transport of radioactive material which
				  are set forth in 10 C.F.R. Part 71 and which are adopted by reference pursuant
				  to NAC 459.1997.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.920 - Additional inspections

Current through June 11,
				  2024
During each year a licensee shall allow at
				  least four unannounced inspections of the site of his or her program for
				  packaging radioactive waste, in addition to any inspections which may be
				  required as a result of his or her noncompliance with NAC 459.850 to 459.950,
				  inclusive.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. § 4.1, eff. 8-21-81
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.940 - Fees

Current through June 11, 2024
1. A person who holds a license to use the
				  state-owned disposal area may be assessed a fee on a prorated basis for the
				  remaining effective period of a license.
2. The Division may suspend or revoke the
				  license of the person who operates the state-owned area for disposal of
				  radioactive waste if he or she fails to pay the required fee within 30 days
				  after the date of billing.
3. Fees
				  collected by the Division pursuant to chapter 459 of NRS are not
				  refundable.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. §§ 6.1-6.3, eff.
				  8-21-81
NRS
				  459.201,
				  459.211
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.943 - Burial at state-owned disposal area; restrictions

Current
				  through June 11, 2024
An operator of a disposal area
				  shall bury at the state-owned disposal area not more than 200,000 cubic feet of
				  waste in any year and not more than a total of 1,400,000 cubic feet of waste
				  during the 7-year period beginning January 1, 1986, and ending December 31,
				  1992, unless written authorization to bury additional waste has been obtained
				  from the Division.
Added to NAC by Bd. of Health,
				  eff. 6-23-86
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.945 - Surcharge for waste generated in state not party to compact

Current
				  through June 11, 2024
1.
				  Any person who ships waste generated in a state not a party to the Rocky
				  Mountain Low-Level Radioactive Waste Compact to the state-owned disposal area
				  shall pay to the Division a surcharge as follows:
(a) From March 9, 1987, to December 31, 1987,
				  inclusive, $10 per cubic foot of waste.
(b) From January 1, 1988, to December 31,
				  1989, inclusive, $20 per cubic foot of waste.
(c) From January 1, 1990, to December 31,
				  1992, inclusive, $40 per cubic foot of waste.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.947 - Periodic determination of whether disposal charges are reasonable

Current through June 11, 2024
1. The Division will, at least once every 2
				  years during the first calendar quarter of each even-numbered year, compare the
				  disposal charges for the burial of waste at all existing commercial waste
				  disposal areas in the United States.
2. If the disposal charges at the state-owned
				  disposal area do not exceed the average of the disposal charges of the existing
				  commercial waste disposal areas in the United States by more than 10 percent,
				  the Division will:
(a) Find that the disposal
				  charges for the state-owned disposal site are reasonable; and
(b) Submit the results of the comparison of
				  disposal charges to the Rocky Mountain Low-Level Radioactive Waste Board for
				  review and approval, as may be required by law.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › DISPOSAL OF RADIOACTIVE MATERIAL › Disposal of Waste in State-Owned Area › Section 459.948 - Determination of whether proposed increase in disposal charges is reasonable

Current through June 11, 2024
1. The operator of the state-owned disposal
				  area shall submit to the Division, in writing, any proposed increase in
				  disposal charges at least 45 days before the proposed increase becomes
				  effective.
2. The Division will
				  determine whether the proposed increase in disposal charges exceeds the average
				  disposal charges of the existing commercial waste disposal areas in the United
				  States by more than 10 percent.
3.
				  If the proposed increase exceeds the average disposal charges at those existing
				  disposal areas by more than 10 percent, the Division will follow the procedure
				  prescribed in subsection 3 of NAC 459.947.
Added to NAC by Bd. of Health,
				  eff. 2-18-88
NRS
				  459.201,
				  459.211
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PENALTIES › Section 459.950 - Penalties

Current through June 11, 2024
1. The administrative penalties in subsection
				  3 of
				  NRS
				  459.221 are in addition to suspension of a
				  permit which may be imposed pursuant to that subsection.
2. The person licensed to operate the
				  state-owned area for disposal of radioactive waste may be assessed
				  administrative penalties by the Division of not more than $3,000 per day for
				  each separate failure to comply with an agreement, license, regulation or
				  statute governing the operation of the disposal area.
Bd. of Health, Disposal of
				  Radioactive Waste Reg. §§ 7.1 & 7.2, eff.
				  8-21-81
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.952 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.952 to
				  459.95528, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC
				  459.95211 to
				  459.95312, inclusive, and section
				  1 have the meanings ascribed to them in those sections.
Added to NAC by Div. of
				  Environmental Protec., eff. 7-10-92; A by Environmental Comm'n by R121-98,
				  5-27-99; R041-01, 10-25-2001; R137-04, 2-15-2005; A by
				  R103-22A,
				  eff. 12/7/2022
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95211 - "Accidental release" defined

Current through June 11,
				  2024
1. "Accidental
				  release" means:
(a) An unintentional discharge
				  from a process of any amount of a highly hazardous substance into the air,
				  water or land, including, without limitation, any unintentional discharges
				  within a building that encloses a process; or
(b) A fire or an explosion at a facility
				  involving a highly hazardous substance or explosive.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95213 - "Active mitigation" defined

Current through June 11,
				  2024
"Active mitigation" defined. "Active
				  mitigation" means equipment, devices or technologies that work with human,
				  mechanical or other sources of energy, and function to contain or minimize the
				  consequences of an accidental release.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95215 - "Administrative controls" defined

Current through June 11,
				  2024
"Administrative controls" defined.
				  "Administrative controls" means written procedural mechanisms that are used to
				  control a hazard.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95225 - "C.A.P.P." defined

Current through June 11,
				  2024
"C.A.P.P." defined. "C.A.P.P." means the
				  Chemical Accident Prevention Program for the State of Nevada and encompasses
				  the provisions of
				  NRS
				  459.380 to
				  459.3874,
				  inclusive, and NAC 459.952 to 459.95528, inclusive.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.9523 - "C.A.S." defined

Current through June 11,
				  2024
NAC3 "C.A.S." defined. "C.A.S." means the
				  Chemical Abstracts Service.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95235 - "Catastrophic release" defined

Current through June 11,
				  2024
"Catastrophic release" defined. "Catastrophic
				  release" means an uncontrolled emission, fire or explosion involving one or
				  more highly hazardous substances or explosives that presents imminent and
				  substantial endangerment to the health of the employees, the public health or
				  the environment. The term includes events that occur within a building or other
				  structure that contains the substance or explosive.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.9524 - "Division" defined

Current through June 11,
				  2024
"Division" means the Division of Environmental
				  Protection of the State Department of Conservation and Natural
				  Resources.
Added to NAC by Div. of
				  Environmental Protec., eff. 7-10-92
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95242 - "Emergency response program" defined

Current through June 11,
				  2024
"Emergency response program" means the
				  procedures and practices that are developed and implemented pursuant to NAC
				  459.9544 and 459.95442.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04,
				  2-15-2005
NRS
				  459.3818