reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Waste Classification and Characteristics › Section 382.82 - Labeling requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each container of waste must be clearly labeled to identify
						whether it is Class A waste, Class B waste or Class C waste, as determined in
						accordance with section
						382.80 
						of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Waste Classification and Characteristics › Section 382.83 - Alternative requirements for waste classification and characteristics

Current through Register Vol. 46, No. 28, July 10, 2024
The department may, upon request or on its own initiative,
						authorize other provisions for the classification and characteristics of a
						specific waste on a case-by-case basis if, after evaluation of the specific
						characteristics of the waste, disposal site and method of disposal, it finds
						compliance with the performance objectives in sections
						382.10  -382.15
						of this Part can be reasonably ensured, and if it finds such alternative
						provisions are permissible under other applicable Federal and State
						regulations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Authority of Dec › Section 382.99 - Material incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Documents. The following documents,
					 referenced in this Part, are available for review and copying at the department's
					 offices in Room 510, 625 Broadway, Albany:
(1)
												16 USC 470
					 et seq., 668dd, 668ee, 669-669i, 715, 777- 777i, 777k, 1271 et seq.; 1982,
					 supplement, 1987.
(2) Title 16,
					 chapter 23 of the USC; 1982, supplement, 1987.
(3) Title 16, chapter 35 of the USC; 1982,
					 supplement, 1987.
(4)
												42 USC
					 2021b et seq.; 1983, supplement,
					 1987.
(5)
												42 USC
					 10101(12); 1983, supplement,
					 1987.
(6)
												42 USC
					 4001 et seq.; 1983, supplement, 1987.
(7) Section 11e(2) of the Atomic Energy Act,
					 42 USC
					 2011 et seq.;1983, supplement, 1987.
(8) Executive Order 11988, Floodplain
					 Management Guidelines,Codification of Presidential Proclamations and Executive
					 Orders, 1961-1985, and 42 Fed. Reg. 26951 (1977).
(9) Standard Format and Content of a License
					 Application for a Low-Level Radioactive Waste Disposal Facility - Safety Analysis
					 Report, U.S. Nuclear Regulatory Commission (NUREG-1199), Revision 2, January
					 1991.
(10) Quality Assurance Guidance
					 for a Low-Level Radioactive Waste Disposal Facility, U.S. Nuclear Regulatory
					 Commission (NUREG-1293), Revision 1, April 1991.
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 383-1 - General Provisions › Section 383-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The regulations
					 in this Part establish requirements for the design, construction, operation,
					 closure, post-closure monitoring and maintenance, and institutional control of
					 land disposal facilities used for permanent disposal of low-level radioactive
					 waste (waste) (Land disposal facilities permitted under this Part may also be
					 used for disposal of NARM waste). This Part and Part 382 of this Title apply to
					 any person who constructs, operates, or maintains a land disposal facility
					 located wholly or partially in New York State.
(b) The regulations in this Part do not apply
					 to:
(1) disposal of high-level radioactive
					 waste, as defined by
					 42
					 U.S.C. section 10101(12) (see
					 section
					 383-1.8
					 of this Subpart);
(2) disposal of
					 transuranic wastes;
(3) disposal of
					 the tailings or wastes produced by the extraction or concentration of uranium or
					 thorium from any ore processed primarily for its source material content in
					 quantities greater than 10,000 kilograms (approximately 11 tons) containing more
					 than five millicuries of Radium-226;
(4) disposal of radioactive material in
					 accordance with Part 380 of this Title, except as provided in section 383 1.9 of
					 this Subpart; or
(5) disposal of
					 naturally-occurring radioactive material unless it has been processed and
					 concentrated.
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 383-1 - General Provisions › Section 383-1.2 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall dispose of low-level radioactive waste or
						NARM waste in this State except:
(a) at
					 a facility permitted pursuant to this Part; or
(b) in accordance with Part 380 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 383-1 - General Provisions › Section 383-1.3 - Permit required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 person shall receive, possess, and dispose of waste or NARM waste at a land
					 disposal facility without obtaining a valid permit issued pursuant to this Part.
					 The receipt, possession, and disposal of radioactive material at a land disposal
					 facility is also subject to the applicable regulations of the State Department of
					 Labor. No person shall modify any aspect of the operation of a land disposal
					 facility approved in a permit pursuant to this Part except as authorized by the
					 department or in accordance with section
					 383-3.9 
					 of this Part.
(b) No person may
					 commence operation, including commencement of construction, of a land disposal
					 facility until that person has obtained a permit. Failure to comply with this
					 requirement may be grounds for the denial of a permit.
(c) A permit pursuant to this Part is not
					 required for activities necessary to limit access and maintain security on a
					 proposed disposal site during the period prior to the department's decision on an
					 application for a permit provided these activities are not commencement of
					 construction.
(d) The disposal of
					 waste or NARM waste at a land disposal facility may only be permitted on land
					 owned in fee by the State of New York.
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 383-1 - General Provisions › Section 383-1.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstances is held invalid, the remainder of this Part and the
						application of those provisions to persons or circumstances, other than those to
						which it is held invalid, will not be affected thereby.
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 383-1 - General Provisions › Section 383-1.5 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise
					 precluded by law, the department may, upon written application from any person
					 who is subject to this Part, grant a variance from one or more provisions of this
					 Part except the performance objectives under the conditions set forth in this
					 Subpart. An application for a variance must:
(1) identify the specific provisions of this
					 Part from which a variance is sought;
(2) demonstrate to the satisfaction of the
					 department that compliance with the identified provision would impose on the
					 applicant or the public an unreasonable safety or economic hardship;
(3) demonstrate to the satisfaction of the
					 department that, with the requested variance in effect, there would be reasonable
					 assurance that the performance objectives would be met; and
(4) demonstrate to the satisfaction of the
					 department that the requested variance would:
(i) cause no significant adverse impact on the
					 environment, natural resources, or the public health, safety and welfare;
					 and
(ii) would be consistent with the
					 other provisions of the ECL and this Part and Part 382 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 383-1 - General Provisions › Section 383-1.6 - Safeguarding information

Current through Register Vol. 46, No. 28, July 10, 2024
Any requests for the release of information in the custody
						of the department related to this Part shall be handled according to the
						provisions of New York Public Officers Law section 87 and Part 616 of this Title,
						Public Access to Records 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 383-1 - General Provisions › Section 383-1.7 - Enforcement and inspection and access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Enforcement.
(1) Every land disposal facility in this State
					 is subject to every applicable requirement identified in this Part, subject to a
					 demonstration to the department by its owner or operator that the facility is
					 clearly exempt from regulation under, or from the requirement in question that is
					 contained in, this Part.
(2) Without
					 limitation to any other civil or criminal sanction that may be applicable, any
					 person who violates any provision of, or fails to perform any duty imposed by
					 this Part, or any term or condition of any permit issued pursuant to this Part,
					 or any final determination or order of the commissioner issued pursuant to any
					 statutory authority under which this Part is promulgated, is subject to all
					 applicable civil, administrative, and criminal sanctions set forth in
					 Environmental Conservation Law, article 71.
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 383-1 - General Provisions › Section 383-1.8 - Documents incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Documents. The following documents,
					 referenced in this Part, are available for review and copying at the department's
					 offices at 625 Broadway, Albany, New York:
(1)
												42
					 U.S.C. section 10101(12),
					 1983,
					 Supplement, 1987.
(2) Standard Format
					 and Content of a License Application for a Low-Level Radioactive Waste Disposal
					 Facility, U.S. Nuclear Regulatory Commission (NUREG- 1199, Rev.
					 2)(1991).
(3) Quality Assurance
					 Guidance for a Low-Level Radioactive Waste Disposal Facility, U.S. Nuclear
					 Regulatory Commission (NUREG - 1293) Rev. 1, April 1991.
(4) National Fire Protection Association Codes
					 NFPA 801-1991, Recommended Fire Protection Practice for Facilities Handling
					 Radioactive Materials(1991).
(5)
					 National Fire Protection Association Codes NFPA 901-1990, Uniform Coding Fire
					 Protection (1990).
(6) American
					 Concrete Institute, Manual of Concrete Practice, 1992 edition.
(7) American Institute of Steel Construction,
					 Manual of Steel Construction, ninth edition (1990).
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 383-1 - General Provisions › Section 383-1.9 - Transition

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Part, the following
						constitute the transition rules for this Part.
(a) Existing authorized land disposal
					 facilities.
(1) This section applies to a land
					 disposal facility having a permit or other authorization pursuant to Part 380 of
					 this Title in effect on the day before the effective date of this Part. Nothing
					 in this section shall be construed to limit or prohibit department-initiated
					 modification of such a permit under the provisions of Part 621 of this
					 Title.
(2) Each land disposal
					 facility permit or other authorization in effect on the day before the effective
					 date of this Part is hereby continued until the expiration date thereof or, if
					 there is no expiration date, until the termination of such permit or
					 authorization by further action of the department.
(3) The land disposal facility must comply with
					 the conditions of the permit or other authorization and the regulations in effect
					 on the day before the effective date of this Part for the duration of that permit
					 or authorization. In the event of renewal, the application shall be treated as a
					 new application under Part 380 of this Title or this Part, whichever is
					 applicable.
(4) The requirements of
					 Subparts 383-2 through 383-15 of this Part are not applicable to facilities that
					 were constructed pursuant to a permit or other authorization in effect on the day
					 before the effective date of this Part except to the extent those requirements
					 are made applicable by permit modification pursuant to Part 621 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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.1 - Pre-application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The department may conduct formal scoping of the draft
						environmental impact statement in accordance with Part 617 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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.2 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
These requirements apply to the owner of a land disposal
						facility who is required by this Part to obtain a permit to construct and operate
						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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.3 - Contents of complete application for permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application for a permit must satisfy
					 the general requirements for complete applications contained in Part 621 of this
					 Title, except where otherwise indicated herein, and must include the plans,
					 reports, and other supporting information required by this Part.
(b) A complete application for a permit must
					 contain all applicable information identified in this Part, including:
(1) a safety analysis report, prepared in
					 accordance with section
					 383-3.4 
					 of this Part;
(2) a draft
					 environmental impact statement which is prepared in accordance with Part 617 of
					 this Title and which is filed with the department and which the department
					 determines to be satisfactory with respect to scope, content, and adequacy for
					 the purpose of commencing public review. For the purpose of a land disposal
					 facility authorized pursuant to section 1854-c  of the Public Authorities Law, the
					 following issues must not be addressed:
(i) the
					 need for the land disposal facility;
(ii) the alternative of no action;
(iii) the site or sites of the land disposal
					 facility;
(iv) the disposal methods
					 to be utilized;
(v) the nature or
					 type of facilities as specifically required or authorized by statute;
					 and
(vi) the classes of waste which
					 may be stored or disposed of at the facilities.
(3) a waste minimization statement which must
					 contain an analysis of the potential for reducing the generation of waste at the
					 land disposal facility, and based on this analysis, a proposed program to reduce
					 the volume and activity of waste generated at the land disposal facility. The
					 waste minimization statement must include:
(i)
					 an identification of the amount and type of wastes expected to be
					 generated;
(ii) for each waste
					 stream, an identification of the source of these wastes;
(iii) an analysis of technically and
					 economically feasible waste reduction techniques;
(iv) a waste minimization program and schedule
					 for implementing the feasible waste reduction techniques identified as required
					 by section 383-3.3(b)(3)(iii)  of this Part.
(4) a copy of the application submitted to the
					 Department of Labor pursuant to 12 NYCRR Part 38;
(5) for a land disposal facility authorized
					 pursuant to section 1854-c  of the Public Authorities Law, a
					 demonstration that this application is in conformance with the certification
					 issued pursuant to Part 382 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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.4 - Contents of the safety analysis report

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant must prepare, and submit as part of the
						application, a Safety Analysis Report. The Safety Analysis Report must contain
						the information described in the United States Nuclear Regulatory Commission's
						publication, Standard Format and Content of a License Application for a Low-Level
						Radioactive Waste Disposal Facility, (NUREG-1199, Revision 2, January 1991) (see
						section
						383-1.8 
						of this Part) and must be in a format approved by the department. The Safety
						Analysis Report must include all of the information specified in NUREG-1199, in
						addition to the following information, to demonstrate that there is reasonable
						assurance that the performance objectives and the applicable requirements of this
						Part and Part 382 of this Title will be met:
(a) General information.
(1) The full name, address, telephone number
					 and description of the business or occupation of the applicant, and the following
					 information, as applicable:
(i) if the
					 applicant is a partnership, the name and address of each partner and the
					 principal location where the partnership does business;
(ii) if the applicant is a corporation or an
					 unincorporated association, the State where it is incorporated or organized and
					 the principal location where it does business, and the names and addresses of its
					 directors and principal officers and shareholders who have a controlling interest
					 (at least 50 percent) in the corporation;
(iii) if the applicant is acting as an agent or
					 representative of another person in filing the application, all information
					 required under this paragraph must be supplied with respect to the other person;
					 and
(iv) if the applicant is a
					 government agency, the enabling legislation of the agency and a description of
					 its authority to operate 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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.7 - Standards for issuance of a permit

Current through Register Vol. 46, No. 28, July 10, 2024
A permit to construct and operate a land disposal facility
						will be issued by the department upon a finding that:
(a) the issuance of the permit and the
					 subsequent construction, operation, closure, post-closure monitoring and
					 maintenance, and institutional control of the land disposal facility will not
					 constitute an unreasonable risk to the health and safety of the public or to the
					 environment;
(b) the applicant is
					 qualified by reason of training and experience to carry out the disposal
					 operations in a manner that protects health and minimizes danger to life,
					 property, and the environment;
(c)
					 the applicant's proposed disposal site or sites and land disposal facility
					 design, construction, operations (including equipment, facilities, and
					 procedures), closure, post-closure monitoring and maintenance, and institutional
					 control are adequate to protect the public health and safety and the environment
					 in that they provide reasonable assurance that:
(1) the performance objectives will be
					 met;
(2) the applicable requirements
					 in sections
					 382.20
					 through
					 382.83 
					 of this Title will be met; and
(3)
					 the provisions of this Part 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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.8 - Conditions of the permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following conditions apply to any permit issued pursuant to this Part and will be
					 incorporated expressly into the permit:
(1) The
					 permittee must design, construct, operate, and close the land disposal facility
					 as described in the application and approved or amended by the permit. Unless
					 specifically authorized by the department in accordance with sections
					 383-3.9
					 or
					 383-3.12 
					 of this Subpart, deviation from the plans and procedures described in the
					 application and approved or amended by the permit constitutes a violation of the
					 permit conditions.
(2) The permittee
					 must comply with all conditions of this permit. Any permit noncompliance
					 constitutes a violation of the ECL and is grounds for enforcement action; for
					 permit suspension, revocation and reissuance, or modification; or for denial of a
					 permit renewal application.
(3) The
					 permittee will be subject to the applicable provisions of the ECL and to all
					 rules and regulations and orders of the department now or hereafter in effect.
					 The terms and conditions of the permit are subject to amendment, revision, or
					 modification in accordance with section
					 383-3.12 
					 of this Part.
(4) The authority to
					 receive, accept, and dispose of waste expires on the expiration date of the
					 permit. Any expiration date on a permit applies only to the authority to receive
					 and dispose of waste. Failure to renew the permit will not relieve the permittee
					 of responsibility for carrying out site closure and stabilization, post-closure
					 monitoring and maintenance, and transfer of the permit to the State of New
					 York.
(5) For land disposal
					 facilities not authorized pursuant to section 1854-c  of the Public Authorities Law, the
					 permit will be transferred to the State of New York only after execution of the
					 closure plan and the post-closure plan.
(6) A permit issued under this Part, or any
					 right thereunder may not be transferred assigned, or in any manner disposed of,
					 either voluntarily or involuntarily, directly or indirectly, through transfer of
					 control of the permit to another person, except by a permit modification in
					 accordance with section
					 383-3.12 
					 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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.9 - Changes in facility design, construction, and operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided for by this section and
					 section
					 383-3.12 
					 of this Subpart or by specific conditions of the permit, the permittee must not
					 make any changes to the land disposal facility or procedures as approved or
					 modified by the department and incorporated as part of the permit.
(b) The permit will identify and restrict
					 changes to those facility features and operating procedures that are important to
					 the public health and safety and the environment. Those facility features and
					 operating procedures will be categorized according to their importance for
					 protection of the public health and safety, the environment, and the facility's
					 ability to meet the performance objectives. They will be assigned to one of the
					 following two groups:
(1) Group 1 - those
					 features and procedures that provide or are integral to:
(i) the containment of waste in the disposal
					 units;
(ii) emergency response;
					 or
(iii) protection of inadvertent
					 intruders.
These include design and construction of disposal units,
						the site drainage system, and inadvertent intrusion barriers, and procedures such
						as the emergency response plan, procedures for the placement of waste and any
						backfill in the disposal units, and waste inspection procedures.
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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.10 - Duration of the permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Land disposal
					 facility permits shall be effective for a fixed term not to exceed 10 years from
					 the date of issuance unless renewed, suspended, revoked, or terminated by the
					 commissioner.
(b) The term of the
					 permit shall not be extended by modification beyond the maximum duration
					 specified in this section.
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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.11 - Renewal of the permit

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 621 of this Title apply to renewal
						of permits except where indicated herein:
(a) A complete application for permit renewal
					 must be submitted to the chief permit administrator at least 180 days prior to
					 the expiration date of the existing permit.
(b) The department will mail notice to the
					 permittee of its decision on the request for renewal on or before 30 calendar
					 days after the date of receipt of the application except as provided in section
					 621.11(f) 
					 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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.12 - Modification of the permit

Current through Register Vol. 46, No. 28, July 10, 2024
This section does not apply to permit modification to
						authorize facility closure nor to permit modification to authorize institutional
						control (see Subparts 383-4 and 383-5 of this Part). The provisions of Part 621
						of this Title apply to modification of the permit except where indicated
						herein:
(a) The permittee may request
					 modification of the permit by submitting one signed original and 10 copies of the
					 request to the chief permit administrator.
(b) Concurrent with submitting the request to
					 the department, the permittee must distribute notice of the request for permit
					 modification to the persons listed in section
					 383-3.5 
					 of this Subpart. The notice must contain a concise description of the proposed
					 modification and the name of an individual on the permittee's staff who can be
					 contacted for further information.
(c) The request for modification must include:
(1) a description of the proposed modification
					 and the exact wording of the modification being requested;
(2) the reasons for the modification;
(3) a description of the effects of the
					 modification on the ability of the land disposal facility to meet the performance
					 objectives;
(4) a demonstration that,
					 with the modification in effect, the requirements of section
					 383-3.7 
					 of this Subpart will be met; and
(5)
					 certification that subdivision (b) of this section has been complied
					 with.
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 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.13 - Transfer of the permit before closure

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to closure of the land disposal facility, a permit
						may only be transferred to another party by modification of the permit in
						accordance with section
						383-3.12 
						of this Subpart. A permit will only be transferred upon a demonstration that the
						prospective transferee will be able to comply with the applicable laws and
						regulations, the permit, and other requirements to which the prospective
						transferor is subject.
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 383-4 - Permit Modification for Facility Closure and Post-Closure Observation and Maintenance › Section 383-4.1 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 621 of this Title apply to permit
						modifications for facility closure except as indicated herein. Section
						383-3.12 
						of this Part does not apply to permit modifications for facility
						closure.
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 383-4 - Permit Modification for Facility Closure and Post-Closure Observation and Maintenance › Section 383-4.2 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to facility closure, or in accordance with a judicial
						decree or final order under ECL article 71 to cease receiving waste or to close
						the land disposal facility, the permittee must submit an application to modify
						the permit to authorize facility closure. A complete application for facility
						closure must be submitted to the department:
(a) no later than 90 days after disposal of the
					 final shipment of waste accepted for disposal at the land disposal facility;
					 or
(b) at least one year before the
					 date on which the permittee plans to begin final closure of the facility,
					 whichever occurs first; or
(c) as
					 ordered by a judicial decree or final order under ECL article 71 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 383-4 - Permit Modification for Facility Closure and Post-Closure Observation and Maintenance › Section 383-4.3 - Contents of complete application for a permit modification for facility closure

Current through Register Vol. 46, No. 28, July 10, 2024
A complete application for a permit modification for
						facility closure must include the following:
(a) The final revision of the closure plan as
					 required by section
					 383-9.2(d) 
					 of this Part.
(b) The plan for
					 post-closure monitoring and maintenance as required by section
					 383-9.7 
					 of this Part, with any revisions necessitated by the final revision of the
					 closure plan.
(c) The institutional
					 control plan as required by section
					 383-9.8  of
					 this Part, with any revisions necessitated by the final revision of the closure
					 plan and the plan for post-closure monitoring and maintenance.
(d) A demonstration that the proposed closure
					 plan will provide reasonable assurance that the disposal facility will meet the
					 performance objectives. The demonstration must include the technical analyses as
					 described in section 383- 3.4(h)(2) of this Part.
(e) Revised site safety and emergency response
					 plans for the closure and post-closure periods that meet the requirements of
					 section
					 383-12.2 
					 of this Part.
(f) 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.
(g) An assessment of the current and future
					 doses the general public due to releases of radioactivity from the land disposal
					 facility based on the actual inventory of waste in the land disposal facility,
					 the results of the monitoring performed pursuant to Subpart 383-10 of this Part,
					 and any remediation or maintenance that has been undertaken.
(h) Final as-built drawings of all disposal
					 units and associated facilities referenced to the site grid system required by
					 section
					 383-11.2(c) 
					 of this Part.
(i) A plot plan showing
					 the location of all disposal units and associated facilities, referenced to the
					 site grid system required by section
					 383-11.2(c) 
					 of this Part.
(j) A listing, with
					 appropriate references, of the applicable decontamination levels and all
					 applicable, relevant, and appropriate regulations and standards.
(k) A description of the staff and any
					 contractors who will carry out the facility closure, including:
(1) technical qualifications, training, and
					 experience of staff;
(2)
					 organizational structure, lines of authority;
(3) assignments of responsibility;
					 and
(4) the identity of those
					 individuals who will have the authority to stop work during facility
					 closure.
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 383-4 - Permit Modification for Facility Closure and Post-Closure Observation and Maintenance › Section 383-4.4 - Filing and distribution of the facility closure application

Current through Register Vol. 46, No. 28, July 10, 2024
A complete application for permit modification for facility
						closure must be filed and distributed in accordance with section
						383-3.5 
						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 383-4 - Permit Modification for Facility Closure and Post-Closure Observation and Maintenance › Section 383-4.5 - Standards for permit modification for facility closure

Current through Register Vol. 46, No. 28, July 10, 2024
The department will modify the permit to authorize closure
						as proposed by the applicant or as revised by the department upon a finding
						that:
(a) the closure of the facility
					 will not constitute an unreasonable risk to the health and safety of the public
					 and to the environment;
(b) the
					 closure plan, the plan for post-closure monitoring and maintenance, and the
					 institutional control plan are adequate to protect the public health and safety
					 and the environment in that they provide reasonable assurance that the
					 performance objectives will be met;
(c) there is reasonable assurance that the
					 applicable requirements in sections
					 382.30
					 through
					 382.83 
					 of this Title and the provisions of this Part will be met;
(d) the institutional control plan provides
					 reasonable assurance that institutional control will be provided for the length
					 of time found necessary to ensure the findings in subdivision (b) of this section
					 and that the institutional control plan meets the requirements of section
					 383-9.8  of
					 this Part;
(e) the financial
					 assurance requirements of Subpart 383-6 of this Part are met; and
(f) the applicable requirements of Part 617 of
					 this Title have been 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 383-4 - Permit Modification for Facility Closure and Post-Closure Observation and Maintenance › Section 383-4.6 - Notice of department's decision

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days of the date of the department's decision on
						the request for modification to allow facility closure, the permittee must send a
						notice of the decision to the parties listed in section
						383-3.5(c)
						and (d)  of this Part. The notice must include
						the following information:
(a) a
					 statement that the permittee requested permit modification to allow facility
					 closure;
(b) the department's
					 decision (i.e., whether or not the modification was granted);
(c) if the modification was granted, the date
					 when closure is scheduled to begin and end; and
(d) the names, addresses, and telephone numbers
					 of persons to be contacted for further information. These must include at least
					 one representative of the department and one representative of the
					 permittee.
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 383-5.1 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 621 of this Title apply to permit
						modifications for institutional control except as indicated herein. Section
						383-3.12 
						of this Part does not apply to permit modifications for institutional
						control.
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 383-5.2 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No later than 180 days before the end of the post-closure
						period, the permittee must submit an application to modify the permit to
						authorize institutional control. If the permittee is not the site owner, the
						permittee must at the same time apply for a permit modification to transfer the
						permit to the custodial agency. The custodial agency will be the permittee during
						the institutional control period.
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 383-5.3 - Contents of complete application for a permit modification for institutional control

Current through Register Vol. 46, No. 28, July 10, 2024
A complete application for a permit modification for
						institutional control must include the following:
(a) The final revision of the institutional
					 control plan required by section
					 383-9.8(d) 
					 of this Part.
(b) A financial
					 statement documenting the amount of funds available for executing the
					 institutional control plan.
(c)
					 Technical analyses demonstrating that the proposed institutional control plan
					 will provide reasonable assurance that the disposal facility will meet the
					 performance objectives. These analyses must comply with the requirements of
					 section
					 383-3.4(h)(2) 
					 of this Part.
(d) A revised site
					 safety and emergency response plan for the institutional control plan that meets
					 the requirements of section
					 383-12.2 
					 of this Part.
(e) Documentation
					 demonstrating that the permittee has complied with sections
					 383-9.4(i) through
					 (k) and
					 383-13.2(e) 
					 of this Part.
(f) 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.
(g) An assessment of current and future doses
					 to the general public due to releases of radioactivity from the land disposal
					 facility based on the actual inventory of waste in the land disposal facility,
					 the results of the monitoring performed pursuant to Subpart 383-10 of this Part,
					 and any remediation or maintenance that has been undertaken.
(h) 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 383-5 - Permit Modification for Institutional Control › Section 383-5.4 - Filing and distribution of the institutional control application

Current through Register Vol. 46, No. 28, July 10, 2024
A complete application for a permit modification for
						institutional control must be filed and distributed in accordance with section
						383-3.5 
						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 383-5 - Permit Modification for Institutional Control › Section 383-5.5 - Standards for permit modification for institutional control

Current through Register Vol. 46, No. 28, July 10, 2024
Upon review and consideration of the application to modify
						the permit to authorize institutional control, the department will modify the
						permit authorizing institutional control upon a finding that:
(a) the land disposal facility has been closed
					 in conformance with the approved closure plan;
(b) the permittee has provided reasonable
					 assurance that the performance objectives are being met;
(c) the permittee has provided reasonable
					 assurance that the applicable requirements in sections
					 382.30
					 through
					 382.83 
					 of this Title and the provisions of this Part are met;
(d) the institutional control plan meets the
					 requirements of section
					 383-9.8  of
					 this Part;
(e) the financial
					 assurances meet the requirements of Subpart 383-6 of this Part;
(f) the post-closure monitoring program is
					 operational and ready for implementation by the custodial agency;
(g) any funds and necessary records for
					 institutional care will be transferred to the disposal site owner;
(h) the custodial agency is prepared to assume
					 responsibility and ensure that institutional requirements found necessary under
					 section
					 383-3.7(d) 
					 of this Part will be met; and
(i) the
					 applicable requirements of Part 617 of this Title have been met.