New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.9 - Permitting standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department's decision to issue or deny a permit for the transport of low-level
				  radioactive waste shall be based on the following considerations:
(1) The status of any receiving facilities
				  identified in the permit application. No permit shall be issued unless the
				  receiving facility is an authorized facility as defined in section
				  381.4(c) 
				  of this Part.
(2) The compliance
				  status of any receiving facility. A low-level radioactive waste transporter
				  permit may be denied, revoked, suspended or modified if the receiving facility
				  has been determined to have violated any State or Federal law, rule or regulation
				  or permit condition related to the operation of its treatment, storage or
				  disposal facility.
(3) The compliance
				  history and reliability of the applicant. A low-level radioactive waste
				  transporter permit may be denied, revoked, suspended or modified based upon the
				  unsuitability of the applicant as set forth in this section. The department shall
				  not authorize the issuance to, nor holding of permits for low-level radioactive
				  waste transportation by unqualified or unsuitable persons. In addition to any
				  other available grounds, the commissioner may, consistent with the policies of
				  article 23-A of the Correction Law, and the provisions of section 70-0115 of the
				  ECL, deny, suspend, revoke or modify any permit, renewal or modification thereto
				  for the transportation of low-level radioactive waste, after determining in
				  writing that such action is required to protect the public health and safety.
				  Some of the factors which the commissioner may consider in arriving at such
				  determination include:
(i) The permit holder or
				  applicant has been determined in an administrative, civil or criminal proceeding
				  to have violated any provision of article 27 of the ECL, any related order or
				  determination of the commissioner, any regulation promulgated pursuant to such
				  article or the condition of any permit issued thereunder, or any similar statute,
				  regulation, order or permit condition of the Federal or any state
				  government.
(ii) The permit holder or
				  applicant has been denied a permit for the same or substantially similar activity
				  based upon one or more of the provisions of this subdivision or a similar
				  provision of Federal or other state law.
(iii) The permit holder or applicant has been
				  found in a civil proceeding to have committed a negligent or intentionally
				  tortuous act, or has been convicted in a criminal proceeding of a criminal act
				  involving the handling, storing, treating, disposing or transporting of low-level
				  radioactive waste or other regulated waste.
(iv) The permit holder or applicant has been
				  convicted of a criminal offense, under the laws of any state or of the United
				  States, which involves a violent felony offense, fraud, bribery, perjury, theft
				  or an offense against public administration as that term is used in article 195
				  of the Penal Law.
(v) The permit
				  holder or applicant has in any matter within the jurisdiction of the department
				  knowingly falsified or concealed a material fact, knowingly submitted a false
				  statement or made use of or made a false statement on or in connection with any
				  document or application submitted to the department.
(4) Such permit holder or applicant is either:
(i) an individual who had a substantial
				  interest in or acted as a high managerial agent or director for any corporation,
				  partnership, association or organization which committed an act or failed to act,
				  and such act or failure to act could be the basis for the denial of a permit
				  pursuant to this Part, if such corporation, partnership, association or
				  organization applied for a permit pursuant to this Part;
(ii) a corporation, partnership, association,
				  organization, or any principal thereof, or any person holding a substantial
				  interest therein, which committed an act or failed to act, and such act or
				  failure to act could be the basis for the denial of a permit pursuant to this
				  Part, if such corporation, partnership, association or organization applied for a
				  permit pursuant to this Part; or
(iii) a corporation, partnership, association
				  or organization or any high managerial agent or director thereof, or any person
				  holding a substantial interest therein, acting as high managerial agent or
				  director for or holding a substantial interest in another corporation,
				  partnership, association or organization which committed an act or failed to act,
				  and such act or failure to act could be the basis for the denial of a permit
				  pursuant to this Part had such other corporation, partnership, association or
				  organization applied for a permit under this Part. For the purposes of this
				  subdivision, high managerial agent has the same meaning as is given that term in
				  section 20.20  of the Penal Law.
(5) Any person denied a permit, renewal or
				  modification on the grounds specified in this section shall be entitled to a
				  hearing within 60 days of such denial in the case of a new permit, or within 15
				  days in the case of a renewal or modification of an existing permit. The conduct
				  of such hearing shall be governed by article 70 of the ECL and regulations
				  promulgated thereunder.