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 383-5 - Permit Modification for Institutional Control › Section 383-5.6 - Termination of permit after the institutional control period

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the conclusion of the institutional
					 control period, the permittee may apply for termination of the permit.
(b) An application for termination must contain
					 the following:
(1) a demonstration that without
					 institutional control, there is reasonable assurance that the disposal facility
					 will meet the performance objectives. The demonstration must include technical
					 analyses that meet the requirements of section
					 383-3.4(h)(2) 
					 of this Part;
(2) proof that a
					 declaration of restrictions or other approved document has been filed with the
					 county clerk of the county where the land disposal facility is located as
					 required by section
					 383-9.4(k)(1) 
					 of this Part;
(3) an assessment of
					 current local land use and how it differs from that during the permitting of the
					 land disposal facility and the effect of those differences on the land disposal
					 facility's ability to meet the performance objectives;
(4) an assessment of the current and future
					 doses to the general public due to releases from the land disposal facility based
					 on the actual inventory of waste in the land disposal facility, the radioactive
					 decay that has occurred since the waste was disposed of, the results of the
					 monitoring performed pursuant to Subpart 383-10 of this Part, and any remediation
					 or maintenance that has been undertaken; and
(5) a plot plan showing the location of all
					 disposal units, markers, and any remaining associated facilities, referenced to
					 the site grid system required by section
					 383-11.2(c) 
					 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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Purpose. The purpose of Subpart 383-6 is to establish financial assurance
					 requirements which will be included as a condition of a permit for a land
					 disposal facility which is subject to Parts 382 and 383 of this Title and is
					 located wholly or partially within the State of New York.
(b) Applicability. The requirements of Subpart
					 383-6 are applicable to every applicant and every permittee of a land disposal
					 facility.
(c) References to Part 383
					 in this Subpart refer to regulations to be promulgated by the department pursuant
					 to articles 3, 27, and 29 of the Environmental Conservation Law.
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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.3 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Costs
					 that must be covered. Every permittee must establish and maintain financial
					 assurance to meet the following:
(1) costs of
					 all permitted activities during the pre-closure period;
(2) costs, estimated in accordance with
					 sections
					 383-6.6,
					 383-6.7
					 and
					 383-6.8 
					 of this Subpart, of implementing the closure plan, post-closure plan, and
					 institutional control plan; and
(3)
					 coverage requirements, in accordance with sections
					 383-6.9
					 and
					 383-6.10 
					 of this Subpart, for remediation of failures and for personal injury and property
					 damage to third parties caused by the operation of 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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.4 - Low-level radioactive waste fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Required trusts. The permittee must
					 establish three separate trusts which conform to the requirements of this
					 section. The following trusts will be collectively referred to in these
					 regulations as the low-level radioactive waste fund (LLRW Fund):
(1) the closure, post-closure, and
					 institutional control trust must be established by the permittee to provide
					 financial assurance for costs of implementing the closure plan, the post- closure
					 plan, and the institutional control plan;
(2) the remedial action/third-party
					 compensation trust (operation, closure, post-closure periods) must be established
					 by the permittee to provide financial assurance during the operation, closure,
					 and post-closure periods of the land disposal facility for the remediation of
					 failures and for third-party compensation for personal injury and property damage
					 caused by the operation of the land disposal facility; and
(3) the remedial action/third-party
					 compensation trust (institutional control period) must be established by the
					 permittee to provide financial assurance during the institutional control period
					 for the remediation of failures and for third-party compensation for personal
					 injury and property damage caused by the operation of 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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.5 - Alternate financial assurance methods and instruments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permittee must provide alternate
					 financial assurance methods or instruments for the difference between:
(1) the sum of the cost estimates for
					 implementing the closure plan, the post-closure plan, and the institutional
					 control plan; and
(2) the amount
					 currently in the closure, post-closure, and institutional control
					 trust.
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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.6 - Cost estimates for implementing the closure plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every applicant or permittee must submit a
					 detailed, written estimate of the cost, in current dollars, for implementing the
					 closure plan as required by section
					 383-6.3(b)(2)(i) 
					 of this Subpart. The cost estimate must be approved by the department and based
					 on the cost of implementing the closure plan as approved or amended by the terms
					 and conditions of the permit. The cost estimate must include the costs of:
(1) decontamination and dismantlement of land
					 disposal facility structures; and
(2)
					 closure of the land disposal facility so that the need for ongoing active
					 maintenance is eliminated to the extent practicable and only minor custodial
					 care, surveillance, and monitoring are required;
(3) implementation of the closure plan based on
					 the costs of hiring a third party to implement the closure plan; and
(4) implementation of the closure plan
					 reflecting the costs of closure at the estimated point in the land disposal
					 facility's operation period when the extent and manner of operation and inventory
					 of wastes would make closure the most expensive, as indicated by the closure
					 plan.
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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.7 - Cost estimates for implementing the post-closure plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every applicant or permittee must submit to
					 the department a detailed written estimate of the cost, in current dollars, for
					 implementing the post-closure plan as required by section
					 383-6.3(b)(2)(ii) 
					 of this Subpart. The cost estimate must be based on the cost of implementing the
					 post-closure plan as approved or amended by the terms and conditions of the
					 permit. The cost estimate must include the costs of the permittee hiring a third
					 party to implement the post-closure plan.
(b) The cost estimate for implementing the
					 post-closure plan must reflect consideration of the size, type, and location of
					 the land disposal facility and the nature and volume of waste to be
					 disposed.
(c) The permittee must
					 submit a revised cost estimate to the department no later than 30 days after the
					 department has approved a change in the post-closure plan that affects the cost
					 of implementing the post-closure plan. The department may require the permittee
					 to submit a revised financial assurance plan, in accordance with section
					 383-6.3(f) 
					 of this Subpart, which relects such revised cost estimate.
(d) On an annual basis, until closure of the
					 land disposal facility, the permittee must revise the estimated cost for
					 implementation of the post-closure plan to account for inflation. This revised
					 cost estimate must be submitted to the department in accordance with section
					 383-6.3(d) 
					 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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.8 - Cost estimates for implementing the institutional control plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every applicant or permittee must submit to
					 the department a detailed written estimate of the cost, in current dollars, for
					 implementing the institutional control plan as required by section
					 383-6.3(b)(2)(iii) 
					 of this Subpart. The cost estimate must be based on the cost of implementing the
					 institutional control plan as approved or amended by the terms and conditions of
					 the permit. The cost estimate must include the costs of the permittee hiring a
					 third party to implement the institutional control plan.
(b) The cost estimate for implementing the
					 institutional control plan must reflect consideration of the size, type, and
					 location of the land disposal facility and the nature and volume of waste to be
					 disposed.
(c) The permittee must
					 submit a revised cost estimate for implementing the institutional control plan to
					 the department no later than 30 days after the department has approved a change
					 in the institutional control plan that affects the cost of implementing the
					 institutional control plan. The department may require the permittee to submit a
					 revised financial assurance plan, in accordance with section
					 383-6.3(f) 
					 of this Subpart, which reflects such revised cost estimate.
(d) On an annual basis, until closure of the
					 land disposal facility, the permittee must revise the estimated cost for
					 implementing the institutional control plan to account for inflation. This
					 revised cost estimate must be submitted to the department in accordance with
					 section
					 383-6.3(d) 
					 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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.9 - Coverage requirements for remediation of failures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Proposed coverage requirements. The
					 applicant must submit as part of a complete permit application proposed levels of
					 coverage for the costs of remediation of failures during the operation, closure,
					 post-closure, and institutional control periods.
(1) The applicant must provide the following
					 documentation:
(i) the methodologies employed
					 and a detailed explanation of the rationale used to select the proposed
					 levels;
(ii) an evaluation of the
					 potential for remediation costs as a result of operation of the land disposal
					 facility including an analysis of the probability and magnitude of these costs
					 and the likelihood of exceedence of the proposed costs; and
(iii) evidence that the proposed levels reflect
					 the most recent cost data available, adjusted for inflation, where
					 appropriate.
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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.10 - Coverage requirements for third-party compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Proposed coverage requirements. The
					 applicant must submit as part of a complete permit application proposed levels of
					 coverage for compensation for personal injury and property damage to third
					 parties from accidents caused by the operation of the land disposal facility
					 during the operation, closure, post-closure, and institutional control periods of
					 the land disposal facility.
(1) The applicant
					 must provide the following documentation:
(i)
					 the methodologies employed and a detailed explanation of the rationale used to
					 select the proposed levels;
(ii) an
					 evaluation of the potential for costs of compensation to third parties for
					 personal injury and property damage resulting from operation of the land disposal
					 facility including an analysis of the probability and magnitude of these costs
					 and the likelihood of exceedence of the proposed costs; and
(iii) evidence that the proposed levels reflect
					 the most recent cost data available, adjusted for inflation, where
					 appropriate.
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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.11 - Other provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Modification/variance.
(1) The department may,
					 upon written application from any person who is subject to this Subpart,
					 concurrent with an application for a new permit, or for a modification or renewal
					 of an existing permit, grant a modification/variance from one or more specific
					 provisions of this Subpart under the conditions set forth in this
					 section.
(2) Every application for
					 modification/variance must:
(i) identify the
					 specific provisions of this Subpart from which a modification/variance is
					 sought;
(ii) demonstrate that
					 compliance with the identified provisions, on the basis of conditions unique and
					 peculiar to the applicant's particular situation, is unnecessary or inappropriate
					 consistent with the public interest;
(iii) demonstrate that the proposed
					 modification/variance will have no significant adverse impact on the public
					 health, safety or welfare, the environment or natural resources;
(iv) demonstrate that the minimum requirements
					 of this Subpart which ensure proper facility closure based upon the estimates
					 approved pursuant to this Subpart and coverage of personal injury and property
					 damage to third parties caused by the operation of the land disposal facility
					 will not be reduced or eliminated.
(3) The commissioner may, in his discretion,
					 grant a modification/variance from any provision of this Subpart upon a written
					 finding that each of the demonstrations identified in paragraph (2) of this
					 section are successfully made, and that such modification/variance is consistent
					 with public interest and the purposes of this Subpart; provided, however, the
					 commissioner shall not grant a modification/variance from the minimum
					 requirements of this Subpart which insure proper facility closure and coverage of
					 personal injury and property damage to third parties caused by the operation of
					 the facility.
(4) The procedures of
					 Part 621 of this Title govern the processing and review of any application for
					 modification/variance under this Subpart.
(5) Modification/variance granted pursuant to
					 this section shall be set forth as a condition in either a new permit, permit
					 modification or permit renewal.
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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.12 - Language of the methods and instruments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A trust agreement, as specified by Title 6
					 of the Official Compilation of Codes, Rules and Regulations of the State of New
					 York ("NYCRR") sections
					 383-6.4
					 and
					 383-6.5(m)(1) 
					 of this Subpart, must be worded as follows, except that instructions in brackets
					 are to be replaced with the relevant information and the brackets deleted and,
					 where applicable, sections renumbered for continuity:
TRUST AGREEMENT
TRUST AGREEMENT, the "Agreement," entered into as of [date]
						by and between [name of the permittee], the "Settlor," and [name of trustee],
						[insert, "incorporated in the State of___" or "a national bank"], the
						"Trustee."
WHEREAS, the New York State Department of Environmental
						Conservation (hereinafter referred to as "NYSDEC") has established certain
						regulations applicable to the Settlor which require that funds be available when
						needed for implementation of the closure plan, implementation of the post-closure
						plan, implementation of the institutional control plan, remediation of failures,
						and coverage of personal injury and property damage to third parties caused by
						operation of the land disposal facility; and require that the permittee of a land
						disposal facility or group of land disposal facilities must provide financial
						assurance for such costs.
WHEREAS, the Settlor is required by such regulations or has
						elected pursuant to such regulations to establish a trust to assure all or part
						of such financial assurance for the land disposal facilities identified herein,
						and
WHEREAS, the Settlor, acting through its duly authorized
						officers, has selected the Trustee to be the trustee under this Agreement, and
						the Trustee is willing to act as trustee, and
NOW, THEREFORE, the Settlor and the Trustee agree as
						follows:
Section 1.
Definitions.
As used in this Agreement:
(a) The term "Settlor" means the permittee who
					 enters into this Agreement and any successors or assigns of the
					 Settlor.
(b) The term "Trustee" means
					 the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Commissioner" means the
					 Commissioner of the New York State Department of Environmental Conservation, or a
					 duly appointed designee.
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 383-6 - Radioactive Waste Land Disposal Facilities Financial Assurance Requirements › Section 383-6.13 - Material incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Documents and references. The following
					 documents, referenced in this Subpart, are available for review and copying at
					 the department's offices in Room 506, 625 Broadway, Albany, NY:
(1) Circular 570 of the U.S. Department of the
					 Treasury, as published in the Federal Register, Volume 56, No. 126, July 1, 1991,
					 pp. 27332ff. Referenced in this Subpart at: 6.5(m)(2)(i).
(2) Investment Company Act, 1940 (15 USC
					 80A-1 et seq), USC, revised as of March 1988.
					 Referenced in this Subpart at: 6.12(a) section 8(a) and at 6.12(a) section
					 9(b).
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 383-7 - Requirements for Design and Construction of Land Disposal Facilities › Section 383-7.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The design and
					 construction of the land disposal facility must be approved by the department in
					 the permit and must comply with the requirements of this Subpart.
(b) Sections
					 383-7.2
					 through
					 383-7.7 
					 of this Subpart specify the minimum design and construction requirements for a
					 land disposal facility in New York State. The applicant must demonstrate that
					 land disposal facilities using aboveground disposal comply with the requirements
					 of sections
					 383-7.2,
					 383-7.3,
					 383-7.4
					 and
					 383-7.5 
					 of this Subpart; land disposal facilities using below-ground disposal comply with
					 the requirements of sections
					 383-7.2,
					 383-7.3,
					 383-7.4
					 and
					 383-7.6 
					 of this Subpart; and underground mined repositories comply with the requirements
					 of sections
					 383-7.2,
					 383-7.3
					 and
					 383-7.7 
					 of this Subpart.
(c) Land disposal
					 facilities using any combination of these disposal methods must comply with all
					 the requirements for each disposal method.
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 383-7 - Requirements for Design and Construction of Land Disposal Facilities › Section 383-7.2 - Design and construction requirements applicable to all disposal methods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The land disposal
					 facility and associated facilities and systems must be designed and constructed
					 in accordance with standard engineering and/or construction practices.
(b) The design and construction of the land
					 disposal facility must be carried out under the direction of a licensed engineer.
					 The licensed engineer will be responsible for observing, documenting, and
					 certifying that the design and construction of the land disposal facility comply
					 with the requirements of this Part and the permit. All engineering certifications
					 must bear the engineer's seal and signature, and the date of
					 certification.
(c) To provide for
					 quality assurance during design and construction, the applicant must:
(1) implement a quality assurance and quality
					 control (QA/QC) program during all engineering design activities and submit
					 documentation of the QA/QC program in the application for a permit;
(2) develop a QA/QC program for construction to
					 control the procurement of materials and equipment and all construction
					 activities;
(3) submit the
					 construction QA/QC program as part of the application for a permit; and
(4) implement the construction QA/QC program,
					 as approved by the department in 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 383-7 - Requirements for Design and Construction of Land Disposal Facilities › Section 383-7.3 - Design and construction requirements for associated facilities and support systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
					 requirements.
(1) The design life of each
					 associated facility and support system must be consistent with the performance
					 objectives and the required period for which the facility or system must reliably
					 function.
(2) Design details of the
					 associated facilities and support systems, including all utility services, must
					 be provided as part of the application. The design details must describe each
					 associated facility and support system including components; design criteria
					 codes; standards used for design; and the impact of the shutdown of the
					 associated facility or support system on overall land disposal facility
					 operations.
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 383-7 - Requirements for Design and Construction of Land Disposal Facilities › Section 383-7.4 - Additional design and construction requirements for aboveground and belowground disposal units

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Loads and
					 load combinations.
(1) The disposal units must
					 be designed and constructed to withstand the loads and load combinations,
					 including dead load, live load, soil and surcharge loading, and loads resulting
					 from major natural phenomena, without undergoing deformation, settlement, or
					 cracking that could adversely affect the ability of the land disposal facility to
					 meet the performance objectives.
(2)
					 All design loads and load combinations must include appropriate load factors and
					 safety factors in accordance with standard engineering practices unless otherwise
					 specified in these regulations. In the absence of, or deviation from, relevant
					 codes and standard engineering practice, the applicant must provide in the
					 application the rationale for selection of particular loads, safety factors,
					 and/or related structural analysis methods.
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 383-7 - Requirements for Design and Construction of Land Disposal Facilities › Section 383-7.5 - Additional design and construction requirements for aboveground disposal units

Current through Register Vol. 46, No. 28, July 10, 2024
Aboveground disposal units must be designed to be free
						standing, engineered structures that can be visually inspected during the
						operation period. The disposal unit must be designed to accommodate a
						multi-layered earthen cover, or an alternative approved in the permit, that
						provides protection to the disposal unit and long-term containment of the
						waste.
(a) Loads and load combinations.
					 The disposal unit must be designed to accommodate the loads and load combinations
					 resulting from the placement of a multi-layer earthen cover over and around the
					 disposal unit and the construction equipment required to place the cover, if such
					 a cover is required by the permit.
(b) Protective enclosure.
(1) The disposal unit must be provided with a
					 separate and independently supported protective enclosure that will function
					 during the operation period.
(2) The
					 protective enclosure must be designed to meet the following requirements:
(i) the protective enclosure must be
					 freestanding and provide weather and frost protection to the disposal units until
					 the end of the operation period;
(ii)
					 the protective enclosure must be capable of being removed during facility closure
					 without adversely affecting the performance of the disposal units; and
(iii) the protective enclosure must be
					 watertight and capable of being easily inspected and repaired throughout the
					 operation period.
(3) The
					 roof of the protective enclosure and of the disposal unit must be sloped at a
					 gradient of no less than two percent and sufficient to facilitate drainage and
					 prevent ponding of water.
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 383-7 - Requirements for Design and Construction of Land Disposal Facilities › Section 383-7.6 - Additional design and construction requirements for belowground disposal units

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Protective
					 enclosure.
(1) Each disposal unit must be
					 provided with a separate, independently supported protective enclosure that will
					 function from the beginning of operations until disposal unit closure.
(2) Protective enclosure design. The protective
					 enclosure must be designed to meet the following requirements:
(i) the protective enclosure must be
					 freestanding and provide weather and frost protection to the disposal
					 unit;
(ii) the protective enclosure
					 must be capable of being removed at disposal unit closure without adversely
					 affecting the performance of the disposal units; and
(iii) the protective enclosure must be
					 watertight and capable of being easily inspected and repaired.
(3) The roof of the protective
					 enclosure and of the disposal unit must be sloped at a gradient of no less than
					 two percent and sufficient to facilitate drainage and prevent ponding of
					 water.
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 383-7 - Requirements for Design and Construction of Land Disposal Facilities › Section 383-7.7 - Additional design and construction requirements for underground mined repositories

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General requirements.
(1) The applicant must
					 use site-specific geologic information in designing and assessing requirements
					 for the underground mined repository.
(2) Documents containing detailed design and
					 construction information must be submitted in the permit application. In addition
					 to the documents required pursuant to Subpart 383-3 of this Part, these documents
					 must include all relevant site-specific data and descriptions regarding the
					 characteristics of the geologic unit or units around the excavation; proposed
					 support and rock stabilization methods; design calculations of critical support
					 elements; seismic analyses, and a map or maps of the underground mined repository
					 at a scale of not less than one inch to 100 feet.
(3) The underground mined repository must be
					 designed and constructed so that any surficial subsidence resulting from the mine
					 will not create a significant depression that could result in surface waters'
					 ponding and draining into the groundwater system in which the underground mined
					 repository is constructed.
(4) The
					 underground mined repository must be designed so that areas under construction
					 are isolated from radioactive waste already in place.
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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
						383-8.2
						through
						383-8.8 
						of this Subpart specify the minimum requirements for the operation of a land
						disposal facility. Any person who maintains or operates an underground mined
						repository must also comply with the requirements of section
						383-8.9 
						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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.2 - General requirements for operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permittee must maintain and operate the
					 land disposal facility in accordance with the design, construction, and operation
					 requirements of this Part and the permit.
(b) The permittee must maintain equipment in
					 good working order and in sufficient supply to provide for safe operations and to
					 prevent curtailment of operations because of equipment failure except under
					 extraordinary conditions beyond the control of the permittee.
(c) On-site roads and other through-ways
					 necessary for the operation, maintenance, monitoring, and security of the land
					 disposal facility and for response to emergencies must be passable and safe at
					 all times.
(d) The permittee must
					 minimize safety hazards to all persons on the land disposal facility.
(e) Restricted access areas must be fenced and
					 clearly posted, and access to such areas must be monitored by security and
					 radiation safety personnel.
(f)
					 Construction areas and construction lay down areas must be fenced.
(g) The permittee must develop and implement a
					 quality assurance program, as approved by the department in the permit, for
					 operation of the land disposal facility. The program must meet the provisions of
					 the United States Nuclear Regulatory Commission's publication, Quality Assurance
					 Guidance for a Low-Level Radioactive Waste Disposal Facility(NUREG-1293),
					 Revision 1, April 1991 (see section
					 383-1.8 
					 of this Part).
(h) The permittee must
					 maintain the landscaping required by section
					 383-7.2(u) 
					 of this Part.
(i) The permittee must
					 maintain the surface drainage systems required by section
					 383-7.3(i) 
					 of this Part.
(j) The permittee must
					 maintain the buildings and grounds of the land disposal facility in a neat and
					 clean condition.
(k) All facility
					 operations must be performed by, or under the supervision of, an individual
					 qualified by the permittee, in accordance with the personnel training
					 program.
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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.3 - Excluded wastes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 wastes must be incinerated or stabilized by another method approved by the
					 department before emplacement in a disposal unit:
(1) animal carcasses, tissues, anatomical
					 parts, excretions and exudates;
(2)
					 discarded human tissues, anatomical parts, excretions, and exudates;
(3) other putrescible materials, unless
					 approved by the department; and
(4)
					 oil and other petroleum-based liquids, fuels, and lubricants unless otherwise
					 authorized by the department. Waste containing incidental or trace amounts of
					 these materials may be accepted for disposal provided that the amount of oil or
					 other petroleum-based liquids, fuels, and lubricants does not exceed one-half
					 percent (0.5 percent) by volume of waste in the waste package.
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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.4 - Receipt, inspection, and acceptance of waste

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Receipt of waste.
(1) No waste may be received at the land
					 disposal facility until:
(i) the department
					 receives from the permittee the construction certification reports required by
					 section
					 383-7.2(f) 
					 of this Part for those major phases of construction that must be completed for
					 operation of the facility, as defined in the permit;
(ii) the department inspects the facility,
					 finds it to be in conformance with the permit, and so notifies the permittee in
					 writing;
(iii) all facility personnel
					 have successfully completed their initial training in accordance with the
					 personnel training program required by section 383- 3.4(a)(2)(iii) of this Part
					 and the site safety and emergency response plan as required by section
					 383-12.2(b)(11) 
					 of this Part; and
(iv) the financial
					 assurance instruments or methods included in the permit are in full force and
					 effect.
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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.5 - Treatment and storage of waste prior to disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General treatment requirements.
(1) The conduct of all waste treatment
					 activities, including any incineration, must not adversely affect the ability of
					 the land disposal facility to meet the performance objectives.
(2) Releases of radioactive material to the
					 environment from the waste treatment operations on the disposal site must not
					 mask the environmental monitoring program or interfere with the following:
(i) the ability to detect releases from the
					 disposal units or the disposal site; or
(ii) the ability to determine whether the
					 performance objectives are met.
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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.7 - Radionuclide limits

Current through Register Vol. 46, No. 28, July 10, 2024
The permit will define, as required by section
						383-3.8(b) 
						of this Part, the maximum total activity of certain radionuclides that may be
						disposed of at the land disposal facility. The permittee must not accept for
						disposal any waste containing radionuclides that would cause the maximum total
						activities to be exceeded. The permit will limit the maximum total activity of
						the following radionuclides to provide reasonable assurance that the performance
						objectives will be met:
(a) iodine -
					 129;
(b) technetium-99;
(c) carbon-14; and
(d) any other radionuclide which the department
					 determines must be restricted to provide reasonable assurance that the
					 performance objectives will be met.
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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.8 - Waste minimization program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permittee must conduct a waste
					 minimization program in accordance with the waste minimization statement required
					 by section
					 383-3.3(b)(3) 
					 of this Part as approved by the department in the permit.
(b) The waste minimization program must be
					 designed to reduce the volume and activity of waste generated at 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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.9 - Additional disposal requirements for underground mined repositories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Geologic
					 materials encountered during excavation operations must be compared to the
					 materials and the material properties that were utilized in design. Where
					 necessary, appropriate design and construction adjustments must be made in
					 accordance with section
					 383-3.9 
					 of this Part.
(b) Waste must not be
					 stored temporarily in any location belowground. All inspection, testing,
					 treatment, and other activities in preparation for disposal must be performed at
					 the ground surface. Waste must be transported directly from the ground surface to
					 its final disposal unit.
(c) During
					 construction and operation, water inflow into the mined underground repository
					 must be measured and the source identified.
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 383-8 - Requirements for Operation of Land Disposal Facilities › Section 383-8.10 - Disposal of narm waste

Current through Register Vol. 46, No. 28, July 10, 2024
The department will authorize, in the permit, the disposal
						of NARM waste in a land disposal facility if, after evaluating the specific
						characteristics of the material to be disposed of, the disposal site, and the
						disposal method, it finds that there is reasonable assurance that the performance
						objectives will be met and the proposed disposal is permissible under other
						applicable Federal and State law and regulations.
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 383-9.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The permittee must comply with the minimum disposal unit
						closure, facility closure, post-closure monitoring and maintenance, and
						institutional control requirements of this Subpart.
(a) Sections
					 383-9.2
					 through
					 383-9.4 
					 of this Subpart specify the minimum requirements for site closure and
					 stabilization for land disposal facilities. Section
					 383-9.5 
					 of this Subpart specifies additional requirements for site closure and
					 stabilization of aboveground disposal facilities. Section
					 383-9.6 
					 of this Subpart specifies additional requirements for site closure and
					 stabilization of underground mined repositories.
(b) Section
					 383-9.7 
					 of this Subpart specifies minimum requirements for post-closure monitoring and
					 maintenance of land disposal facilities.
(c) Section
					 383-9.8  of
					 this Subpart specifies minimum requirements for the institutional control of land
					 disposal facilities.
(d) Section
					 383-9.9 
					 of this Subpart specifies minimum requirements for the time period after
					 institutional control ends.
(e) For
					 land disposal facilities using any combination of disposal methods, the permittee
					 must comply with all the requirements for each disposal method.
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 383-9.2 - Closure plan requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant must submit a closure plan as part of the
						complete permit application. The closure plan must meet the requirements of this
						section. The permittee must only close a disposal unit and a land disposal
						facility in accordance with the approved closure plan and the provisions of this
						Part.
(a) Plans for disposal unit
					 closure. The closure plan must include plans for disposal unit closure. In
					 addition to the information on disposal unit closure that is required pursuant to
					 Subparts 383-3 and 383-4 of this Part, the closure plan must include:
(1) a projected schedule for disposal unit
					 closure to meet the requirements of section
					 383-9.3 
					 of this Subpart including:
(i) the year in
					 which the closure of each disposal unit is projected to begin;
(ii) the time required for major intermediate
					 steps in the closure process; and
(iii) the total time required for the closure
					 of each disposal unit;