New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Regulatory Procedures › Section 382.6 - Certification of disposal sites and methods

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to the activities of the commission in
						selecting and proposing one or two sites and one or more disposal methods to be
						used for the permanent disposal of waste pursuant to article 29 of the
						Environmental Conservation Law. Unless the provisions of article 29 of the ECL
						and this Part otherwise require, article 70 of the ECL and Parts 621, with the
						exception of sections
						621.10(b) and
						(c), and 624 of this Title apply to the
						commission's and the department's activities pursuant to article 29 of the
						ECL.
(a) Selection process.
(1) The commission must develop and follow a
					 systematic procedure for selecting one or two proposed sites and one or more
					 disposal methods for permanent land disposal facilities. The commission must take
					 into account the following factors in the selection of disposal sites and
					 disposal methods:
(i) the ability of land
					 disposal facilities using the proposed site or sites and disposal method or
					 methods to meet the performance objectives in sections
					 382.10  -382.15
					 of this Part, the siting criteria in sections
					 382.20 
					 -382.23, and the disposal method criteria in sections
					 382.30 
					 -382.35;
(ii) the nature and
					 probability of the impacts on public health and safety, including predictable
					 adverse effects from accidents during the transportation of waste to such land
					 disposal facilities, contamination of ground or surface water by leaching and
					 runoff from the land disposal facilities, and fires or explosions from improper
					 storage or disposal of volatile, combustible or potentially explosive materials,
					 if any, which may compose a portion of the waste to be delivered to such land
					 disposal facilities;
(iii) the
					 potential for avoidance or mitigation of harm from the unanticipated release of
					 waste or contaminated materials;
(iv)
					 the nature of the probable impact of a land disposal facility on local
					 governmental units within which such land disposal facilities would be
					 located;
(v) the comparative economic
					 implications, including those resulting from engineering considerations, of the
					 potential site or sites and disposal methods for such land disposal
					 facilities;
(vi) the safety of
					 workers at a potential land disposal facility, including the likelihood of
					 accidental injuries at the land disposal facility and the probable radiation dose
					 to workers during normal operations;
(vii) the nature of the probable environmental
					 impacts, including the predictable adverse effects on the natural environment and
					 ecology, scenic, historic, agricultural, cultural and recreational values, water
					 and air quality, and wildlife;
(viii)
					 the ability for retrieval or recovery of waste; and
(ix) the adequacy of routes and means for
					 transportation of waste to such land disposal facilities.