reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-9 - Closure, Post-Closure, and Institutional Control Requirements for Land Disposal Facilities › Section 383-9.3 - Requirements for disposal unit closure

Current through Register Vol. 46, No. 28, July 10, 2024
Every disposal unit must be closed when the design capacity
						is met or as directed by the department.
(a) Disposal units must be closed to achieve
					 the long-term stability of the disposal unit and to minimize, the need for
					 ongoing active maintenance of the disposal unit following closure so that only
					 surveillance, monitoring, or minor custodial care are required.
(b) The permittee must obtain a modification to
					 the permit in accordance with section
					 383-3.12 
					 of this Part before commencing disposal unit closure. Disposal unit closure must
					 be performed in accordance with the modification to the permit and the closure
					 plan approved by the department in accordance with Subpart 383-3 and, if
					 applicable, Subpart 383-4 of this Part.
(c) Unless otherwise authorized by the
					 department, the permittee must complete closure of each disposal unit within one
					 year after the final volume of waste is emplaced in the disposal unit.
(d) The measures to be undertaken for disposal
					 unit closure must be compatible with the provisions for site closure and
					 stabilization and the facility's design goals for recovery or retrieval of waste,
					 if applicable.
(e) All design and
					 construction activities necessary for disposal unit closure must comply with the
					 applicable requirements of Subpart 383-7 of this Part.
(f) The permittee must install inadvertent
					 intruder barriers, if required by sections
					 382.33(a)
					 and
					 382.34 
					 of this Title, as part of disposal unit closure.
(g) The closure of any disposal unit which
					 contains mixed waste must also comply with the requirements of Part 373 of this
					 Title.
(h) Closure of belowground
					 disposal units must include installation of the multilayer earthen cover required
					 by section
					 383-7.6 
					 of this Part and the markers required by section
					 383-11.3 
					 of this Part.
(i) Disposal unit
					 closure in an underground mined repository must include provisions for disposal
					 unit monitoring as required by section
					 383-10.5 
					 of this Part.
(j) Within 180 days of
					 completion of closure activities for any disposal unit, the permittee must submit
					 to the department documentation, including as-built drawings, that disposal unit
					 closure has been performed in conformance with the closure plan. The
					 certification must be signed by the permittee and signed and stamped by a
					 licensed professional engineer. After reviewing the certification and inspecting
					 the closed disposal unit, the department may direct the permittee to correct any
					 errors or deficiencies found.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-9 - Closure, Post-Closure, and Institutional Control Requirements for Land Disposal Facilities › Section 383-9.4 - Requirements for facility closure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The permittee must initiate facility closure within 180 days of the effective
					 date of the permit modification to authorize facility closure.
(b) The permittee must obtain a modification to
					 the permit in accordance with Subpart 383-4 of this Part before facility closure
					 begins. Facility closure must be performed in accordance with:
(1) the modification to the permit and the
					 closure plan approved by the department in accordance with Subparts 383-3 and
					 383-4 of this Part; or
(2) a judicial
					 decree or final order to cease receiving waste or to close the land disposal
					 facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-9 - Closure, Post-Closure, and Institutional Control Requirements for Land Disposal Facilities › Section 383-9.5 - Additional facility closure requirements for above ground disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Facility closure
					 of land disposal facilities that have above ground disposal units must include
					 measures to:
(1) protect the above ground
					 disposal unit against frost, weathering, and erosion of its foundation;
(2) provide resistance to the infiltration of
					 water into the above ground disposal unit;
(3) direct surface water away from the above
					 ground disposal unit and the waste;
(4) provide an additional barrier to the
					 release of radionuclides into the environment; and
(5) protect against inadvertent intrusion, if
					 required by section
					 382.33(a)
					 or
					 382.34 
					 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-9 - Closure, Post-Closure, and Institutional Control Requirements for Land Disposal Facilities › Section 383-9.6 - Additional facility closure requirements for underground mined repositories

Current through Register Vol. 46, No. 28, July 10, 2024
As part of facility closure, the permittee must seal all
						shafts and boreholes that are not necessary for post-closure and institutional
						control activities. The permittee must use methods and materials that have been
						approved by the department pursuant to Subpart 383-4 of this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-9 - Closure, Post-Closure, and Institutional Control Requirements for Land Disposal Facilities › Section 383-9.7 - Post-closure monitoring and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Following completion of site closure and
					 stabilization, the permittee must observe, monitor, and carry out all necessary
					 maintenance and repairs at the disposal site to assure that the site is stable
					 and in a condition suitable for institutional control as required by the permit
					 modification to allow closure. The permittee must carry out post-closure
					 monitoring and maintenance for a minimum of five years immediately following site
					 closure and stabilization. The department may establish a longer time period
					 based on site-specific conditions. An alternative time period for post-closure
					 monitoring and maintenance must be authorized under Subpart 383-4 of this
					 Part.
(b) The permittee must prepare
					 a post-closure monitoring and maintenance plan which must be approved by the
					 department. Post-closure monitoring and maintenance must be performed in
					 accordance with the post-closure plan approved by the department as required by
					 Subparts 383-3 and 383-5 of this Part. The post-closure plan must include:
(1) a detailed description of all post-closure
					 monitoring and maintenance activities including:
(i) provisions for environmental monitoring
					 based on the operating history of the land disposal facility and the site closure
					 and stabilization measures and in accordance with the requirements of Subpart
					 383-10 of this Part;
(ii) provisions
					 for structural monitoring based on the operating history of the disposal units
					 and the disposal unit closure measures; and
(iii) provisions for any maintenance of the
					 disposal units that may become necessary;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-9 - Closure, Post-Closure, and Institutional Control Requirements for Land Disposal Facilities › Section 383-9.8 - Institutional control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Following the
					 post-closure period, the permittee must carry out the approved institutional
					 control plan. The permittee must obtain a permit modification pursuant to Subpart
					 383-5 of this Part to authorize the custodial agency to carry out the
					 institutional control plan.
(b)
					 Institutional control must be performed in accordance with the institutional
					 control plan approved by the department pursuant to Subparts 383- 3 and 383-5 of
					 this Part. The institutional control plan must include:
(1) measures to maintain site security and
					 control of physical access to the disposal site;
(2) an environmental monitoring program at the
					 site;
(3) periodic
					 surveillance;
(4) minor custodial
					 care;
(5) police and fire
					 protection;
(6) measures to maintain
					 the site in a neat and clean condition free from debris, trash, and any other
					 unattractive or dangerous objects;
(7) a detailed estimate of the cost of
					 implementing the institutional control plan; and
(8) any other information required by the
					 department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-9 - Closure, Post-Closure, and Institutional Control Requirements for Land Disposal Facilities › Section 383-9.9 - Post-institutional control requirements

Current through Register Vol. 46, No. 28, July 10, 2024
After the institutional control period, the custodial
						agency must carry out a program of periodic site surveillance and environmental
						monitoring.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-10 - Requirements for Environmental Structural Monitoring › Section 383-10.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
						383-10.2
						through
						383-10.8 
						specify the minimum monitoring requirements for a land disposal facility. Except
						as otherwise provided in this Part, any person who maintains or operates a land
						disposal facility subject to this Part must monitor the facility in accordance
						with this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-10 - Requirements for Environmental Structural Monitoring › Section 383-10.3 - Pre-operational monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 applicant or the permittee must conduct a pre-operational monitoring program.
(1) At the time a permit application is
					 submitted, the applicant must have performed environmental monitoring to provide
					 the data required as part of a complete application by Subpart 383-3 of this
					 Part. For characteristics such as rainfall, air temperature, and groundwater
					 levels that are subject to seasonal variation, data must have been collected for
					 at least 12 consecutive months. If the applicant is the New York State Energy
					 Research and Development Authority acting pursuant to section 1854-c  of the Public Authorities Law, this
					 monitoring may have been conducted, in part, by the Commission.
(2) The applicant must continue the
					 pre-operational monitoring program until either the department denies the
					 application for a permit or the effective date of the permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-10 - Requirements for Environmental Structural Monitoring › Section 383-10.5 - Monitoring of disposal units

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 applicant must submit a disposal unit monitoring plan as part of the complete
					 permit application.
(b) The permittee
					 must establish and conduct a disposal unit monitoring program as required by this
					 section and in accordance with the disposal unit monitoring plan approved by the
					 department in the permit. The permittee must begin the disposal unit monitoring
					 program when construction of the first disposal unit is completed and, except for
					 underground mined repositories, must continue it until the end of the
					 institutional control period. For underground mined repositories, disposal unit
					 monitoring must be conducted during the operation period, and, as necessary to
					 safely perform facility closure, during the closure period.
(c) During the operation period, the disposal
					 unit monitoring program must include provisions for:
(1) detecting infiltration of water into the
					 disposal units;
(2) sampling and
					 analysis, for the presence of radioactive materials and hazardous components, of
					 any liquids discharged from the disposal units or collected in the internal
					 drainage system or the external foundation drainage system; and
(3) monitoring for the generation of methane
					 and other gases within the disposal units.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-10 - Requirements for Environmental Structural Monitoring › Section 383-10.6 - Monitoring of associated facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant must submit an associated
					 facilities monitoring plan as part of the complete permit application.
(b) The permittee must establish and conduct an
					 associated facilities monitoring program as required by this section and in
					 accordance with the associated facilities monitoring plan approved by the
					 department in the permit. The permittee must conduct the associated facilities
					 monitoring program from the date that waste is first received at the land
					 disposal facility until operation of all associated facilities that are subject
					 to monitoring has ceased.
(c) The
					 associated facilities monitoring program must include provisions for sampling and
					 analysis of the following:
(1) any liquid
					 releases from any building, parking lot, or other area in which waste is
					 received, inspected, treated, stored, or housed for any other reasons;
(2) wastewater from vehicle and other equipment
					 washing or decontamination;
(3)
					 ventilation systems and other potential sources of airborne releases to the
					 atmosphere from any building in which waste is received, inspected, treated,
					 stored, or housed for any other reason; and
(4) flue gases and ash from incinerators, if
					 any are operated on the site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-10 - Requirements for Environmental Structural Monitoring › Section 383-10.7 - Structural monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 applicant must submit a structural monitoring plan as part of the complete permit
					 application.
(b) The permittee must
					 establish and conduct a structural monitoring program to provide ongoing
					 assessment and verification of the performance of the disposal units and
					 structural components. The permittee must conduct the structural monitoring
					 program as required by this section and in accordance with the structural
					 monitoring plan approved by the department in the permit. The permittee must
					 begin the structural monitoring program when construction of the first disposal
					 unit is completed and must continue it through the end of the institutional
					 control period.
(c) The performance
					 of disposal units and the structural components must be monitored for, at a
					 minimum, structural deformation, cracking, settlement, subsidence, deterioration
					 and failure.
(d) The structural
					 monitoring program must include:
(1) a schedule
					 of weekly visual inspections of the exterior portions of the disposal
					 unit;
(2) remote sensing of
					 inaccessible areas, where applicable; and
(3) meters and gauges, as necessary.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-10 - Requirements for Environmental Structural Monitoring › Section 383-10.8 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 results of the monitoring programs required by sections
					 383-10.4
					 through
					 383-10.7  of
					 this Subpart must be reported to the department as part of the monthly and annual
					 reports required by Subpart 383-13 of this Part. Information from the monitoring
					 programs to be submitted to the department in the monthly and annual reports must
					 include:
(1) data generated from the monitoring
					 programs, with an indication of the range of error in the data, and the results
					 of any data evaluation and computer modeling performed;
(2) evaluation of the potential public hazard
					 and environmental impacts posed by the land disposal facility; and
(3) evaluation of the adequacy and reliability
					 of the monitoring programs and the need for revision of the plans for the
					 monitoring programs.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-11 - Land Survey and Marking Requirements › Section 383-11.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
						383-11.2
						through
						383-11.4 
						of this Subpart establish the minimum requirements for surveying and marking a
						land disposal facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-11 - Land Survey and Marking Requirements › Section 383-11.2 - General surveying requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permittee must establish a minimum of
					 three permanent survey marker control points at the land disposal facility as
					 approved by the department in the permit. These control points must be referenced
					 to the Universal Transverse Mercator Coordinates and the New York State Plane
					 Coordinate System and either the United States Geological Survey (USGS) or the
					 National Geodetic Survey (NGS) survey control stations. The USGS or NGS control
					 stations must provide horizontal and vertical controls as checked against USGS or
					 NGS record files.
(b) All survey work
					 for compliance with this Part must be performed under the supervision of an
					 individual who is licensed to practice land surveying in the State of New
					 York.
(c) The permittee must
					 establish a site grid system, as approved by the department in the permit, for
					 determining the location of disposal units, associated facilities, monitoring
					 wells and stations, and sample collection points. The site grid system must
					 reference the three permanent marker control points established pursuant to
					 subdivision (a) of this section, the Universal Transverse Mercator Coordinates
					 and the New York State Plane Coordinate System.
(d) The permittee must restore and/or replace
					 any permanent benchmark or survey monument which has become damaged, displaced,
					 removed, or destroyed.
(e) The
					 permittee must maintain copies of all surveys as required by section
					 383-13.2 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-11 - Land Survey and Marking Requirements › Section 383-11.3 - Survey and marking of disposal units

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When closure of a disposal unit is
					 completed, the permittee must survey and map the boundaries and location of the
					 disposal unit. The survey for each disposal unit must be referenced to the
					 permanent survey marker control points required by section
					 383-11.2(a) 
					 of this Subpart.
(b) For belowground
					 disposal and disposal in an underground mined repository, the permittee must
					 install permanent, visible markers on the surface of the ground that accurately
					 indicate the horizontal perimeters of disposal units.
(c) Each closed disposal unit must have a
					 readily visible, permanent marker engraved with the following information:
(1) a statement that the disposal unit contains
					 low-level radioactive wastes;
(2) the
					 total activity of the wastes contained in the disposal unit at the time of
					 disposal unit closure, in both curies and becquerels;
(3) the identity and activity of the wastes
					 contained in the disposal unit by radionuclide and by Class (A, B, or C), or
					 other applicable description;
(4) a
					 description of any mixed wastes contained in the disposal unit;
(5) the dimensions of the disposal
					 unit;
(6) the dates of the operation
					 and closure of the disposal units;
(7) the name of the custodial agency;
					 and
(8) an easily recognizable and
					 comprehensible warning that the disposal unit must not be disturbed by
					 unauthorized personnel.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-11 - Land Survey and Marking Requirements › Section 383-11.4 - Survey and marking of the land disposal facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to commencement of construction, the
					 permittee must survey and map the boundaries of the disposal site including the
					 buffer zone.
(b) The survey of the
					 disposal site must be referenced to the permanent survey marker control points
					 required by section
					 383-11.2(a) 
					 of this Subpart.
(c) The permittee
					 must mark the boundaries of the disposal site with permanent markers that clearly
					 define the entire boundary of the land disposal facility.
(d) The permittee must prepare and annually
					 update a survey map(s) of the land disposal facility which, at a minimum,
					 accurately shows:
(1) the location and boundary
					 of the disposal site;
(2) the
					 location of all monitoring wells and stations and sample collection
					 points;
(3) the locations and
					 boundaries of each disposal unit;
(4)
					 the survey marker control points required by section
					 383-11.2(a) 
					 of this Subpart;
(5) the locations
					 and boundaries of all roads, utilities, easements, and waste shipment, receiving,
					 storage, handling, and treatment areas used during land disposal facility
					 operations;
(6) the locations and
					 boundaries of all roads or associated facilities remaining on the land disposal
					 facility after completion of closure;
(7) the disposal site topography including
					 drainage contours; and
(8) for
					 underground mined repositories, the locations of all underground
					 openings.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-12 - Emergency Response and Action Level Response Plans › Section 383-12.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart establishes the minimum requirements for
						responding to emergencies and action levels in monitoring results as needed at a
						land disposal facility. Except as elsewhere provided in this Part, any person who
						maintains or operates a land disposal facility subject to this Part, must do so
						in accordance with the requirements of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-12 - Emergency Response and Action Level Response Plans › Section 383-12.3 - Emergency coordinator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 permittee must designate one individual as the emergency coordinator and at least
					 one other individual as an alternate who will have the responsibilities and
					 authority of the emergency coordinator in the absence of the emergency
					 coordinator.
(b) The emergency
					 coordinator will be responsible for coordinating all emergency response measures
					 and must have the authority to commit the resources of the land disposal facility
					 that are needed to properly respond to emergencies. The emergency coordinator and
					 the alternate must be thoroughly familiar with:
(1) all aspects of the site safety and
					 emergency response plan and the action-level response plan;
(2) all operations and activities at the land
					 disposal facility;
(3) the locations
					 and characteristics of all wastes present at the land disposal
					 facility;
(4) the location of all
					 records within the land disposal facility; and
(5) the physical layout of the disposal
					 site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-12 - Emergency Response and Action Level Response Plans › Section 383-12.4 - Emergency equipment and response coordination center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permittee must have on the disposal
					 site, or must have available for its use, equipment needed to respond to each
					 type of emergency identified as required by section
					 383-12.2(b) 
					 of this Subpart. This equipment must include the following:
(1) an internal communications or alarm system
					 capable of providing immediate emergency instruction (voice or signal) to the
					 land disposal facility personnel;
(2)
					 a device, accessible to personnel and immediately available at the scene of
					 operations, such as a telephone or a hand-held two-way radio, capable of
					 summoning emergency assistance from local police departments, fire departments,
					 and other State or local off-site emergency responders;
(3) portable fire extinguishers, fire control
					 equipment (including special extinguishing equipment, such as that using foam,
					 inert gas, or dry chemicals), spill control equipment, and decontamination
					 equipment;
(4) water at adequate
					 volume and pressure to supply water hose streams, foam producing equipment,
					 automatic sprinklers, or water spray systems;
(5) first aid kits; and
(6) radiation survey meters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-12 - Emergency Response and Action Level Response Plans › Section 383-12.5 - Exercises and communication checks

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirements for emergency exercises.
(1) The permittee must conduct annual exercises
					 to test the permittee's response to simulated emergencies.
(2) The exercises must use a variety of
					 emergency scenarios over time, including those emergencies postulated to be most
					 probable and, at least once every three years, a worst-case emergency scenario.
					 The emergency scenario used must not be known beforehand to most participants in
					 the exercise.
(3) The permittee must
					 invite the government officials off-site emergency responders listed in section
					 383-12.6(b) 
					 of this Subpart to participate in the exercises.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-12 - Emergency Response and Action Level Response Plans › Section 383-12.6 - State and local participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
					 agency participation. The applicant must consult with the State Disaster
					 Preparedness Commission in developing the site safety and emergency response plan
					 and must include the recommendations of that commission in the plan.
(b) Local government participation.
(1) The applicant must make a reasonable effort
					 to develop the site safety and emergency response plan with the knowledge,
					 participation, and cooperation of:
(i) the
					 chief executive officers and emergency responders of the municipalities and
					 counties in which the land disposal facility is located; and
(ii) the chief executive officers and emergency
					 responders of the municipalities and counties which may be affected by
					 emergencies which could occur at the land disposal facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-13 - Records, Reports and Public Information › Section 383-13.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
						383-13.2
						through
						383-13.5  of this
						Subpart specify the minimum requirements for recordkeeping, reporting, and public
						information during the pre-operation, operation, closure, post-closure, and
						institutional control periods for a land disposal facility. Except as otherwise
						provided in this Part, any person who maintains or operates a land disposal
						facility subject to this Part must do so in accordance with the requirements of
						this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-13 - Records, Reports and Public Information › Section 383-13.2 - Recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 permittee must retain and maintain legible, comprehensible records, including
					 all:
(1) completed waste shipment
					 manifests;
(2) shipment
					 nonconformance reports;
(3) waste
					 inspection, monitoring, sampling, analysis and acceptance records including
					 videotapes of the X-ray inspections of waste packages;
(4) waste treatment, reprocessing, and
					 repackaging records;
(5) waste
					 package documents required in subdivision (f) of this section;
(6) disposal unit documents required in
					 subdivision (g) of this section;
(7)
					 monitoring data and records and records of inspections as required by Subpart
					 383-10 of this Part;
(8) reports of
					 exceedances of action levels, alerts, site area emergencies and other abnormal
					 occurrences;
(9) the monthly and
					 annual operations reports required by sections
					 383-13.3 and
					 383-13.4  of this
					 Subpart;
(10) personnel training
					 records that document the type and amount of both introductory and continued
					 training that has been given to and completed by facility personnel;
(11) the survey maps required by section
					 383-11.4(d) 
					 of this Part; and
(12) any other
					 records required by the permit or by orders of the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-13 - Records, Reports and Public Information › Section 383-13.3 - Monthly reports

Current through Register Vol. 46, No. 28, July 10, 2024
During the operation, closure, and post-closure periods,
						the permittee must submit to the department and the public information center a
						monthly operations report no later than 15 business days after the last day of
						each month. The monthly operations report must include the following
						information:
(a) during the operation
					 period:
(1) the volume and type, by waste
					 classification, of all waste received, accepted, stored, treated and/or disposed
					 at the land disposal facility, including the receipt of unacceptable waste and
					 the disposition of the unacceptable waste;
(2) a summary of the results of waste
					 inspection and testing; and
(3)
					 reports of exceedances of action levels, alerts, site area emergencies, and other
					 abnormal occurrences;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-13 - Records, Reports and Public Information › Section 383-13.5 - Public information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 applicant for a permit pursuant to this Part must establish and maintain a public
					 information office within a reasonable distance, considering the availability of
					 suitable office space, of the proposed disposal site(s) and any alternate
					 disposal site(s). The office must be open for at least 20 hours a week during
					 normal business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m.) and for a
					 total of eight hours a week during weekday evenings and on weekends. The office
					 must be open to the public beginning no later than 15 days after submission of
					 the application.
(b) The permittee
					 must establish and maintain a public information center on the disposal site
					 during the operation, closure, and post-closure periods. The center must be open
					 for at least 20 hours a week during normal business hours (Monday through Friday,
					 9:00 am to 5:00 pm) and for at least a total of eight hours a week during weekday
					 evenings and on weekends.
(c) The
					 public information center must contain a public documents room where individuals
					 may review and copy documents related to the land disposal facility.
(d) The public information center must contain
					 models of the disposal site and the disposal units, audio-visual presentations on
					 land disposal facility operations, and demonstrations of radiation surveying and
					 monitoring equipment and techniques. The public information center must present
					 estimates of the radiation doses received by the general public due to site
					 operations and transportation of waste to the site, and a comparison of the
					 radiation doses with those received from natural and medical sources.
(e) The public information center must provide
					 for public tours of the land disposal facility. The permittee must establish a
					 schedule for tours when they will not conflict with operations at the land
					 disposal facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-14 - Security › Section 383-14.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart specifies the minimum requirements for
						security at a land disposal facility. Except as otherwise provided in this Part,
						any person who operates or maintains a land disposal facility subject to this
						Part, must do so in accordance with the requirements of this
						Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-14 - Security › Section 383-14.2 - Security requirements through the post-closure period

Current through Register Vol. 46, No. 28, July 10, 2024
The following requirements apply from the effective date of
						the initial permit until the end of the post-closure period.
(a) The permittee must control access to, and
					 use of, the land disposal facility at all times.
(b) The permittee must minimize the potential
					 for the inadvertent or unauthorized entry of persons or animals onto the land
					 disposal facility.
(c) The permittee
					 must prevent the unauthorized removal of radioactive materials from the land
					 disposal facility.
(d) The permittee
					 must provide and maintain the following site security measures:
(1) a 24-hour remote surveillance and control
					 system which continuously monitors and controls entry onto the land disposal
					 facility;
(2) a public address system
					 located at all gates and inside and outside all buildings and open disposal
					 units;
(3) a 24-hour security staff;
					 and
(4) radiation detectors at
					 entrances and exits of the land disposal facility designed to detect the
					 unauthorized movement of radioactive materials onto or off of the disposal
					 site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-14 - Security › Section 383-14.3 - Security requirements through the institutional control period

Current through Register Vol. 46, No. 28, July 10, 2024
The following requirements apply from the effective date of
						the initial permit until the end of the institutional control period:
(a) The permittee must provide and maintain:
(1) a fence or other barrier capable of
					 preventing unauthorized entrance that completely surrounds the land disposal
					 facility;
(2) a means to control
					 entry, at all times, through gates or other entrances to the land disposal
					 facility;
(3) vehicle(s) for
					 patrolling and controlling the land disposal facility boundary;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-15 - On-Site Environmental Monitors › Section 383-15.1 - Provisions for on-site environmental monitors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will establish on-site
					 environmental monitors as necessary to monitor compliance with the permit for the
					 land disposal facility, to be funded by the permittee, as a condition of the
					 permit.
(b) The permittee must
					 provide access to all regulated areas on-site and adequate office space for the
					 on-site environmental monitors.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-15 - On-Site Environmental Monitors › Section 383-15.2 - On-site monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 on-site environmental monitors are authorized to be present on the disposal site
					 to monitor compliance with the permit and the requirements of this Title. The
					 on-site environmental monitors are authorized, at all reasonable times, to
					 inspect waste anywhere on the disposal site and to inspect the premises,
					 equipment, construction materials and activities, operations, and facilities in
					 which wastes are received, possessed, handled, treated, stored, or
					 disposed.
(b) Upon reasonable notice
					 and the request of the on-site environmental monitors, the permittee must provide
					 to the on-site environmental monitors portions of any samples collected by the
					 permittee.
(c) Upon reasonable
					 notice, the permittee must make available to the on-site environmental monitors
					 any records kept by it pursuant to this Part. The on-site environmental monitors
					 may inspect any such records and/or may copy and take away copies of them for the
					 department's use.
(d) No waste may be
					 inspected, accepted for disposal, treated, or placed in a disposal unit unless an
					 on-site environmental monitor is present on the disposal site.
(e) The on-site environmental monitors will
					 independently perform inspections of all waste received to determine compliance
					 with Part 381 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 420 - General › Section 420.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subchapter, unless the context otherwise
					 requires, the words defined in this section shall have the following
					 meanings:
(a) Affected land and land
				  affected by mining means the sum of that surface area of land or land under water
				  which:
(1) has been disturbed by mining since
				  April 1st, 1975 and not been reclaimed; and
(2) is to be disturbed by mining during the
				  term of the permit to mine.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 420 - General › Section 420.2 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subchapter
				  shall be interpreted to carry out the policies of the State to foster and
				  encourage the development of an economically sound and stable mining and mineral
				  industry, and the orderly development of domestic mineral resources and reserves
				  necessary to assure satisfaction of economic needs compatible with sound
				  environmental management practices; and to provide for the wise and efficient use
				  of the resources available for mining and to provide, in conjunction with such
				  mining operations, for reclamation of affected lands; to encourage productive use
				  including but not restricted to: the planting of forests, the planting of crops
				  for harvest, the seeding of grass and legumes for grazing purposes, the
				  protection and enhancement of wildlife and aquatic resources, the establishment
				  of recreational, home, commercial, and industrial sites; to provide for the
				  conservation, development, utilization, management and appropriate use of all the
				  natural resources of such areas for compatible multiple purposes; to prevent
				  pollution; to protect and perpetuate the taxable value of property; and to
				  protect the health, safety and general welfare of the people, as well as the
				  natural beauty and aesthetic values in the affected areas of the State.
(b) The provisions of title 27 and this
				  Subchapter shall apply to all mines from which 1,000 tons or 750 cubic yards of
				  minerals, whichever is less, are to be removed from the earth within 12
				  successive calendar months after September 1, 1991.
(c) The provisions of title 27 and this
				  Subchapter shall be statewide in application, except as provided in this
				  Subchapter, and for the purposes stated in this Subchapter shall supersede all
				  other State and local laws relating to mining and reclamation. No local
				  government shall be prevented from enacting or enforcing local laws or ordinances
				  of general applicability, except that such local laws or ordinances shall not
				  regulate mining and/or reclamation activities, or from enacting or enforcing
				  local zoning ordinances or laws which determine permissible uses in zoning
				  districts.
(d) The provisions of
				  title 27 and this Subchapter shall not apply to the Commissioner of General
				  Services acting with respect to State-owned lands under water pursuant to the
				  Public Lands Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 421 - Permits › Section 421.2 - Permit term and fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				  for permits may be submitted for annual terms not to exceed five years.
(b) All persons required to obtain a permit or
				  approval or subject to regulation under this Title shall submit annually to the
				  department a fee in the amount to be determined for affected land as follows:
(1) $400 for minor projects; or
(2) $700 for affected land of an acreage equal
				  to or less than five acres; or
(3)
				  $900 for affected land of an acreage greater than five acres and equal to or less
				  than 10 acres; or
(4) $1,200 for
				  affected land of an acreage greater than 10 acres and equal to or less than 20
				  acres; or
(5) $1,500 for affected
				  land of an acreage greater than 20 acres and equal to or less than 30 acres;
				  or
(6) $2,000 for affected land of an
				  acreage greater than 30 acres.