reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter E - REQUIREMENTS FOR THE CONSTRUCTION, OPERATION AND CLOSURE OF THE REGIONAL DISPOSAL FACILITY › Section 236.416 - Institutional control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Commonwealth's custodial agency shall conduct an institutional control program
						to physically control access to the disposal site following transfer of control
						from the disposal site operator. During the active institutional control
						period, the program shall include active methods for access control,
						surveillance, monitoring, custodial care and administration of funds to cover
						the costs for these activities.
(b)
						During the passive institutional control period, the program shall include
						passive access control, monitoring and administration of funds to cover the
						costs for these activities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.501 - Scope and considerations

Current through Register Vol. 54, No. 28, July 13, 2024
Determination of the classification of waste involves
							 the following considerations:
(1)
						  Consideration shall be given to the concentration of long-lived
						  radionuclides-and their short-lived precursors-whose potential hazard will
						  persist long after precautions such as the active institutional control period
						  and improved waste form have ceased to be effective. These precautions delay
						  the time when long-lived radionuclides could cause exposures. The magnitude of
						  the potential dose is limited by the concentration and availability of the
						  radionuclides at the time of exposure.
(2) Consideration shall be given to the
						  concentration of shorter-lived radionuclides for which requirements on
						  institutional controls, waste form and disposal methods are
						  effective.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.502 - Classes of waste

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Class A
						  waste is a waste that is usually segregated from other waste classes at the
						  disposal site. The physical form and characteristics of Class A waste shall
						  meet the minimum requirements in §
													236.521 (relating to minimum
						  requirements for classes of waste). Class A waste shall also be emplaced in a
						  disposal facility that meets the requirements in §§
													236.314 and
						  236.322 (relating to enhanced
						  containment; and long term stability of disposal units).
(b) Class B waste is waste that meets more
						  rigorous requirements on waste form to ensure stability after disposal. The
						  physical form and characteristics of Class B waste shall meet both the minimum
						  and stability requirements in §§
													236.521 and
						  236.522 (relating to stability
						  requirements for waste form). Class B waste shall also be emplaced in a
						  disposal facility that meets the requirements in §§
													236.314 and
						  236.322. In addition, Class B
						  waste requires protection against inadvertent intrusion, as set forth in §
													236.320 (relating to protection
						  from inadvertent intruders).
(c)
						  Class C waste is waste that not only meets more rigorous requirements on waste
						  form to ensure stability but also requires additional measures at the disposal
						  facility including measures to protect against inadvertent intrusion. The
						  physical form and characteristics of Class C waste shall meet both the minimum
						  and stability requirements in §§
													236.521 and
						  236.522. Class C waste shall also
						  be emplaced in a disposal facility that meets the requirements in §§
													236.314,
						  236.320 and
						  236.322. In addition, Class C
						  waste shall be disposed of in accordance with §
													236.327 (relating to Class C
						  waste).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.503 - Waste classification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Classification by long-lived radionuclides.
If the waste
						  contains only radionuclides listed in Table 1, classification shall be
						  determined as follows:
(1) If the
						  concentration does not exceed 0.1 times the value in Table 1, the waste is
						  Class A.
(2) If the concentration
						  exceeds 0.1 times the value in Table 1 but does not exceed the value in Table
						  1, the waste is Class C.
(3) If the
						  concentration exceeds the value in Table 1, the waste is not generally
						  acceptable for disposal.
(4) For
						  waste containing mixtures of radionuclides listed in Table 1, the total
						  concentration shall be determined under §
														236.506 (relating to sum of
						  fractions rule).
Table 1
Radionuclide
Concentration (curies/cubic
										meter)*
C-14
8
C-14 in activated metal
80
Ni-59 in activated metal
220
Nb-94 in activated metal
0.2
Tc-99
3
I-129
0.08
Alpha-emitting radionuclides with half-life
										greater than 5 years except Uranium
100**
Pu-241
3,500**
Cm-242
20,000**
Ra-226
100**
*To convert nanocuries to becquerels (Bq), multiply
							 by 37. To convert curies to gigabequerels (GBq), multiply by 37.
**Units are nanocuries per
							 gram.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.504 - Classification by long- and short-lived radionuclides

Current through Register Vol. 54, No. 28, July 13, 2024
If the waste contains a mixture of radionuclides,
							 some of which are listed in Table 1 of §
													236.503 (relating to waste
							 classification) and some of which are listed in Table 2 of §
													236.503 classification shall be
							 determined as follows:
(1) If the
						  concentration of a radionuclide listed in Table 1 of §
													236.503 does not exceed 0.1 times
						  the value listed in Table 1, the class shall be that determined by the
						  concentration of radionuclides listed in Table 2 of § 236.503.
(2) If the concentration of a radionuclide
						  listed in Table 1 of §
													236.503 exceeds 0.1 times the
						  value listed in Table 1, but does not exceed the value in Table 1, the waste
						  shall be Class C, if the concentration of radionuclides listed in Table 2 of
						  §
													236.503 does not exceed the value
						  shown in Table 2, Column 3.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.505 - Classification of wastes other than Section 236.503

Current through Register Vol. 54, No. 28, July 13, 2024
If the waste does not contain a radionuclide listed
							 in either Table 1 or Table 2 of §
													236.503 (relating to waste
							 classification), it is Class A waste.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.506 - Sum of fractions rule

Current through Register Vol. 54, No. 28, July 13, 2024
For determining classification for waste that
							 contains a mixture of radionuclides, it is necessary to determine the sum of
							 fractions by dividing each radionuclide's concentration by the appropriate
							 limit and adding the resulting values. The appropriate limits shall be taken
							 from the same column of the same table. The sum of the fractions for the column
							 shall be less than, or equal to, 1 if the waste class is to be determined by
							 that column.
Example
: A waste contains Sr-90 in a
							 concentration of 50 Ci/m (1.85 TBq/m) and Cs-137 in a concentration of 22 Ci/m
							 (814 GBq/m). Since the concentrations both exceed the values in Table 2 of
							 §
													236.503, Column 1, they must be
							 compared to Column 2 values. For Sr-90 fraction, 50/150 = 0.33; for Cs-137
							 fraction, 22/44 = .5; the sum of the fractions = 0.83. Since the sum is less
							 than 1, the waste is Class B.
This section cited in 25 Pa. Code §
															236.503 (relating to waste
								classification).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.507 - Determination of radionuclide concentrations in waste

Current through Register Vol. 54, No. 28, July 13, 2024
The concentration of a radionuclide may be determined
							 by indirect methods such as use of scaling factors which relate the inferred
							 concentration of one radionuclide to another that is measured; or radionuclide
							 material accountability, if there is reasonable assurance that the indirect
							 methods can be correlated with actual measurements. The concentration of a
							 radionuclide may be averaged over the volume of the waste, or weight of the
							 waste if the units are expressed as nanocuries per gram.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CLASSIFICATION SYSTEM › Section 236.508 - Determination of hazardous life of the waste

Current through Register Vol. 54, No. 28, July 13, 2024
The hazardous life of the waste is the amount of time
							 that it takes for the disposed low-level radioactive waste to decay to levels
							 so that it can be demonstrated that unrestricted use of the site would result
							 in a dose to a member of the public using the site that is no greater than the
							 dose from natural background radioactivity, in the soil, prior to the site
							 being used for disposal.
This section cited in 25 Pa. Code §
															236.247 (relating to termination
								of license).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CHARACTERISTICS › Section 236.521 - Minimum requirements for classes of waste

Current through Register Vol. 54, No. 28, July 13, 2024
The following are minimum requirements for classes of
							 waste and are intended to facilitate handling and provide protection of health
							 and safety of personnel at the disposal site. The requirements are as
							 follows:
(1) Waste shall be packaged
						  in conformance with the conditions of the license issued to the site operator
						  to which the waste will be shipped. If the conditions of the site license are
						  more restrictive than this chapter, the site license conditions shall
						  govern.
(2) Waste may not be
						  packaged for disposal in cardboard, wooden or fiberboard boxes.
(3) Liquid waste shall be
						  solidified.
(4) Waste that has been
						  dewatered shall contain as little free-standing liquid as is reasonably
						  achievable, but the liquid may not exceed 1% of the volume.
(5) Waste may not be capable of detonation or
						  of explosive decomposition or reaction at normal pressures and temperatures, or
						  of explosive reaction with water.
(6) Waste may not contain, or be capable of
						  generating, quantities of toxic gases, vapors or fumes harmful to persons
						  transporting, handling or disposing of the waste. This restriction does not
						  apply to radioactive gaseous waste packaged under paragraph (8).
(7) Waste may not be pyrophoric. Pyrophoric
						  materials contained in wastes shall be treated, prepared and packaged to be
						  nonflammable.
(8) The Department
						  will review on a case-by-case basis, requests for disposal of gaseous waste.
						  Gaseous waste disposal is required to receive Department approval prior to
						  disposal. Waste in gaseous form shall be packaged at a gauge pressure that does
						  not exceed 1.5 atmospheres at 20°C. Total activity may not exceed 100
						  curies-3.7 TBq-per container.
(9)
						  Waste containing hazardous, biological, pathogenic or infectious material shall
						  be treated to reduce to the maximum extent practicable the potential hazard
						  from the nonradiological materials.
This section cited in 25 Pa. Code §
															236.502 (relating to classes of
								waste); 25 Pa. Code §
															236.523 (relating to stabilization
								of liquid waste); and 25 Pa. Code §
															271.1 (relating to
								definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CHARACTERISTICS › Section 236.522 - Stability requirements for waste form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The requirements of this section and
						  §§
													236.523 and
						  236.524 (relating to stabilization
						  of liquid waste; and minimization of void spaces within waste packages) are
						  minimum requirements that are intended to provide stability of the waste.
						  Stability is intended to ensure that the waste does not degrade and affect
						  overall stability of the site through slumping, collapse or other failure of
						  the disposal unit. Stability is also a factor in limiting exposure to an
						  inadvertent intruder, since it provides a recognizable and nondispersible
						  waste.
(b) Waste shall have
						  structural stability. A structurally stable waste form will generally maintain
						  its physical dimensions and its form, under the expected disposal conditions
						  such as weight of overburden and compaction equipment, the presence of moisture
						  and microbial activity, and internal factors, such as radiation effects and
						  chemical changes. Structural stability can be provided by the waste form
						  itself, processing the waste to a stable form or placing the waste in a
						  disposal container or structure that provides stability after
						  disposal.
This section cited in 25 Pa. Code §
															236.502 (relating to classes of
								waste).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CHARACTERISTICS › Section 236.523 - Stabilization of liquid waste

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding §
													236.521(3) and
							 (4) (relating to minimum requirements for
							 classes of waste), liquid waste or waste containing liquid, shall be converted
							 into a form that contains as little freestanding liquid as is reasonably
							 achievable. The liquid may not exceed 1% of the volume of the waste when the
							 waste is in a disposal container designed to ensure stability, or .5% of the
							 volume of the waste for waste processed to a stable form.
This section cited in 25 Pa. Code §
															236.522 (relating to stability
								requirements for waste form).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LOW-LEVEL RADIOACTIVE WASTE CHARACTERISTICS › Section 236.524 - Minimization of void spaces within waste packages

Current through Register Vol. 54, No. 28, July 13, 2024
Void spaces within the waste and between the waste
							 and its package shall be reduced to the extent practicable.
This section cited in 25 Pa. Code §
															236.522 (relating to stability
								requirements for waste form).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LABELING AND WASTE MANIFESTS › Section 236.531 - Labeling

Current through Register Vol. 54, No. 28, July 13, 2024
A container of waste shall be clearly labeled to
							 identify whether it is Class A, Class B or Class C Waste or mixed waste, under
							 this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LABELING AND WASTE MANIFESTS › Section 236.532 - Waste manifest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  shipment of waste shall be accompanied by a shipment manifest that contains the
						  name, address, telephone number and Department permit identification number of
						  the generator, the carrier who is to transport the waste and the broker who
						  will manage the waste. The manifest may also designate alternate carriers or
						  brokers.
(b) The manifest shall
						  contain a physical description of the waste, the waste volume, radionuclide
						  identity and quantity, the total radioactivity, the principal chemical form and
						  the waste classification-for example, Class A, Class B, Class C or mixed waste
						  in accordance with this chapter. Waste containing more than .1% chelating
						  agents by weight shall be identified and the weight percentage of the chelating
						  agent shall be identified. The manifest shall show the total quantity of the
						  radionuclides H-3, C-14, Tc-99 and I-129.
(c) The manifest shall have a manifest
						  identification number, and if the shipment contains hazardous waste, an EPA
						  hazardous waste identification number.
(d) The waste manifest shall be on a form
						  prepared by the Department. The information provided shall be sufficient to
						  develop a waste data base and conduct performance assessment
						  analyses.
(e) The manifest shall
						  include a certification by the waste generator that the transported materials
						  are properly classified, described, packaged, marked and labeled and are in
						  proper condition for transportation according to
						  49 CFR Parts
						  170-179, 10 CFR Part 71 (relating to
						  packaging and transportation of radioactive material) and this title. The
						  certification shall acknowledge that the signer is subject to penalties for
						  violation of the law. The manifest shall be signed and dated by an authorized
						  representative of the generator.
This section cited in 25 Pa. Code §
															236.534 (relating to carrier
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LABELING AND WASTE MANIFESTS › Section 236.533 - Generator requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A generator who transfers waste to the disposal
							 facility or a broker shall:
(1)
						  Prepare waste so that the waste is classified and characterized under this
						  chapter.
(2) Conduct a quality
						  assurance/quality control program approved by the Department to assure
						  compliance with this subchapter. The program shall include management
						  evaluation of audits.
(3) Prepare a
						  complete manifest. The manifest shall contain the number of copies which will
						  provide the generator, carriers, brokers and the disposal facility with one
						  copy for their records and copies to be returned to the generator and to be
						  forwarded to the disposal facility and the Department.
(4) Obtain the handwritten signature of the
						  initial carrier and date of acceptance on the manifest.
(5) Retain a copy of the manifest with
						  documentation of acknowledgment of receipt as the record of transfer.
(6) Forward a copy of the manifest to the
						  disposal facility and another copy to the Department.
(7) Give the carrier the remaining copies of
						  the manifest.
(8) Conduct an
						  investigation under §
													236.537 (relating to
						  nonacknowledgment), for a shipment or part of a shipment for which
						  acknowledgment of receipt has not been received within the time set forth in
						  § 236.537.
This section cited in 25 Pa. Code §
															236.535 (relating to broker
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LABELING AND WASTE MANIFESTS › Section 236.534 - Carrier requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						  carrier may accept waste from a generator or broker unless it is accompanied by
						  and conforms with a complete and valid manifest under §
													236.532 (relating to waste
						  manifest).
(b) Before transporting
						  waste, a carrier shall sign and date the manifest acknowledging acceptance of
						  the waste from the generator or broker before leaving the generator's or
						  broker's property.
(c) The carrier
						  shall ensure that the manifest accompanies the waste, and shall deliver it to
						  the carrier, broker or regional facility, as designated on the manifest. The
						  carrier shall contact the generator or broker who delivered the waste to him
						  for further instructions, and shall revise the manifest in accordance with
						  instructions written and signed by the generator or broker. Upon making the
						  designated delivery, the carrier shall:
(1)
						  Obtain a date of delivery and handwritten signature of the carrier, broker or
						  regional facility operator.
(2)
						  Retain a copy of the manifest.
(3)
						  Forward a copy of the manifest to the Department.
(4) Give the remaining copies of the manifest
						  to the regional facility operator or the broker.
(5) Retain the copies of the manifest signed
						  by the person who delivered the waste to him, by himself and by the person
						  receiving the waste from him for a period of 3 years.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LABELING AND WASTE MANIFESTS › Section 236.535 - Broker requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						  broker may receive waste from a generator, carrier or broker unless that waste
						  is accompanied by a complete and valid manifest.
(b) The broker receiving waste shall:
(1) Sign and date each copy of the manifest
						  to certify that the waste was received.
(2) Note in the manifest discrepancies
						  between materials listed on the manifest and materials received. The broker
						  shall also attempt to resolve discrepancies with the generator, carrier or
						  broker. If the broker is unable to resolve the discrepancies within 15 days of
						  receiving the waste, he shall notify the Department in writing, and include a
						  copy of the manifest with the letter.
(3) Give the carrier delivering the waste a
						  copy of the signed manifest.
(4)
						  Notify the generator that the waste has been received.
(5) Obtain the handwritten signature of the
						  next carrier as designated on the manifest and date of acceptance.
(6) Retain a copy of the manifest with
						  documentation of acknowledgment of receipt as a record of transfer for a period
						  of 3 years.
(7) Forward a copy of
						  the manifest to the disposal facility and another copy to the
						  Department.
(8) Give the carrier
						  the remaining copies of the manifest.
(9) Retain the copies of the manifest signed
						  by the person receiving the waste from him for a period of 3 years.
(10) Conduct an investigation under §
														236.537 (relating to
						  nonacknowledgment), for a shipment or part of a shipment for which
						  acknowledgment of receipt has not been received within the time set forth in
						  § 236.537.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LABELING AND WASTE MANIFESTS › Section 236.536 - Disposal facility operator requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The disposal facility operator may not
						  receive waste from a generator, broker or carrier unless it is accompanied by a
						  complete and valid manifest.
(b)
						  The disposal facility operator shall:
(1)
						  Sign and date the manifest to certify that the waste was received.
(2) Note in the manifest discrepancies
						  between materials listed on the manifest and materials received. The operator
						  shall also attempt to resolve any discrepancies with the operator generator,
						  carrier or broker. If the disposal operator is unable to find an explanation
						  for the discrepancies within 15 days of receiving the waste, the operator shall
						  notify the Department in writing, explaining the discrepancies and attempts to
						  resolve them, and include a copy of the manifest with the letter.
(3) Give the carrier delivering the waste a
						  copy of the signed manifest.
(4)
						  Notify the generator and broker within 15 days of its receipt.
(5) Retain the copies of completed manifests
						  until the license is transferred to the custodial agency. During license
						  transfer, the disposal facility operator shall transfer the manifests to the
						  custodial agency. The custodial agency shall maintain copies of the manifest
						  until the license is terminated.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter F - WASTE CLASSIFICATION, WASTE CHARACTERISTICS, LABELING AND MANIFESTS › LABELING AND WASTE MANIFESTS › Section 236.537 - Nonacknowledgment

Current through Register Vol. 54, No. 28, July 13, 2024
A generator or broker who has not received
							 acknowledgment of receipt of the waste shipment from the next broker or the
							 regional facility operator within 15 days of delivery shall immediately
							 investigate why the shipment has not been received by the person so designated
							 on the manifest. If the generator or broker is unable to locate the shipment,
							 he shall prepare a report on the investigation conducted and shall file the
							 report with the Department within 2 weeks after completion of the
							 investigation.
This section cited in 25 Pa. Code §
															236.533 (relating to generator
								requirements); and 25 Pa. Code §
															236.535 (relating to broker
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter G - FINANCIAL ASSURANCES AND LIABILITY › Section 236.601 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant is required to demonstrate, prior to
						  receipt of a license, that funds are available to cover costs for all phases of
						  the facility life. The applicant is provided with several examples of financial
						  or surety arrangements that are acceptable for demonstrating that the necessary
						  funds are available.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter G - FINANCIAL ASSURANCES AND LIABILITY › Section 236.602 - Applicant qualifications and assurance

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to the issuance of a license the applicant shall
						  show to the satisfaction of the Department that the applicant has or can
						  reasonably expect to have necessary funds to cover the estimated costs of
						  conducting licensed activities over the planned operating life of the project,
						  including costs for construction, operation, closure, postclosure monitoring
						  and emergencies related to the disposal facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter G - FINANCIAL ASSURANCES AND LIABILITY › Section 236.603 - Assurance for onsite cleanup during operation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to receipt of a license, and
						annually thereafter, the applicant shall provide assurances to the satisfaction
						of the Department that sufficient funds are available to cover emergency
						actions necessary to prevent the unpermitted release of radioactive material to
						the general environment. See §§
												236.13 and
						236.15 (relating to protection of
						the general population and environment from releases of radioactivity; and
						protection of individuals during operations). In determining the cost of taking
						emergency actions, the applicant shall provide to the Department any
						information requested by the Department related to the management,
						transportation and disposal of low-level radioactivity waste.
(b) The Department will consider factors that
						may affect the cost of taking emergency actions. The factors include site and
						waste characteristics, facility design and operating procedures. Based on
						consideration of the factors, the Department will determine an amount necessary
						for compliance with the financial assurance requirements of this section. Its
						determination will include consideration of costs incurred if an independent
						contractor were hired to perform the work.
(c) Compliance with the financial assurance
						requirements of this section does not affect the licensee's duty to take
						emergency actions or have available funds that may be necessary to enable the
						licensee to take required emergency actions.
(d) Subject to the approval of the
						Department, the applicant may use financial assurance, insurance or surety
						arrangements or a combination of arrangements to meet the financial assurance
						requirements of this section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter G - FINANCIAL ASSURANCES AND LIABILITY › Section 236.606 - Assurance for long term care

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to the issuance of the license, the applicant
						  shall provide for the approval of the Department, an agreement between the
						  applicant and the Commonwealth that binds the applicant to ensuring that funds
						  will be collected by the applicant and transferred to the Commonwealth for the
						  purpose of covering the costs of monitoring and required remedial action during
						  the long term care period. The Department will review on an annual basis, funds
						  collected by the operator and paid to the Commonwealth to ensure sufficient
						  funds will be available to provide for long term care.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter G - FINANCIAL ASSURANCES AND LIABILITY › Section 236.607 - Assurance for liability following site closure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of a license the operator
						shall collect and transfer to the Commonwealth, at least monthly, funds for
						paying liability claims against the site operator, Commonwealth, host
						municipality and host county.
(b)
						The Department will assure that surcharges levied for deposit into the
						Protection Fund are adequate to establish a fund of at least $100 million
						indexed to increase with cost of living adjustments, upon the date of
						termination of the operator's license.
(c) The Protection Fund shall be used to pay
						liability claims, including personal injury or property damage, as follows:
(1) Against the Commonwealth, host
						municipality and host county arising from their responsibilities under the
						act.
(2) Against the regional
						facility licensee after the termination of the license and which arose from the
						operation of the regional facility during the term of the
						license.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.701 - Inspection of the regional disposal facility

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee shall provide the Department, its agents
						  and employes, and the host municipality and host county inspectors, with
						  immediate access to inspect the following for the purpose of determining
						  compliance with the license conditions and applicable regulations and
						  laws:
(1) Waste not yet
						disposed.
(2) Premises, equipment,
						operations and facilities in which wastes are received, possessed, handled,
						treated, stored or disposed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.702 - Inspection of records

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee shall make available for inspection to the
						  Department, its agents and employes, and the host municipality and host county
						  inspectors records kept by it under this chapter. Authorized representatives of
						  the Department, the host municipality or host county inspectors may copy and
						  use any record required to be kept under this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.703 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who
						violates the act, this chapter or an order promulgated or issued under the act
						commits a summary offense and will, upon conviction, be sentenced to pay a fine
						of at least $100 but not more than $1,000 for each offense. Default of the fine
						payment will result in a prison term of a maximum of 90 days.
(b) A person who violates the act, this
						chapter, a license condition or an order promulgated or issued under the act,
						within 2 years of having been convicted of a summary offense under the act,
						commits a misdemeanor of the third degree and will, upon conviction, be
						sentenced to pay a fine of at least $1,000 but not more than $25,000 for each
						offense or a maximum prison term of 1 year, or both.
(c) A person who intentionally violates the
						act or this chapter, an order, permit condition or license condition of the
						Department under the act and whose action causes the possibility of a public
						nuisance or bodily harm to a person commits a felony of the second degree and
						shall, upon conviction, be sentenced to pay a fine of at least $2,500 but not
						more than $100,000 for each offense per day for each violation or be subject to
						a prison term of at least 1 year but not more than 10 years, or both.
(d) Each day of continued violation of the
						act or this chapter, an order, permit condition or license condition of the
						Department issued under the act shall constitute a separate offense.
(e) In addition to subsections (a)-(d) or in
						equity for a violation of the act or this chapter, an order, permit condition
						or license condition of the Department issued under the act, the Department may
						assess a civil penalty. The civil penalty will not exceed $25,000 for each
						violation.
(f) Civil payments shall
						be paid under section 504(e) of the act (35 P. S. §
													7130.504(e)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.704 - Enforcement and abatement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						violation of section 505 of the act (35 P. S. §
													7130.505) or this chapter, an order, permit
						condition or license condition of the Department issued under the act
						constitutes a public nuisance. A person committing the violation shall be
						liable for the costs of abatement of the nuisance. The Environmental Hearing
						Board has jurisdiction over actions to recover costs of the abatement and civil
						penalties.
(b) The Department may
						issue orders, injunctions, declarations of emergency or take other actions as
						specified in section 505 of the act to abate a public nuisance or protect
						public health and safety and the environment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.705 - Tests of the regional disposal facility

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee shall perform or permit the Department,
						  its agents and employes, and the host municipality and host county inspectors
						  to perform tests it deems appropriate or necessary for the administration of
						  this chapter, including, but not limited to, tests of:
(1) Waste.
(2) Facilities used for the receipt, storage,
						treatment, handling or disposal of waste.
(3) Radiation detection and monitoring
						instruments.
(4) Other equipment
						and devices used in connection with the receipt, possession, handling,
						treatment, storage or disposal of waste.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.706 - Maintenance of records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						licensee shall maintain records and make reports in connection with the
						licensed activities as may be required by the conditions of the license or by
						this chapter and orders of the Department.
(b) Records which are required by this
						chapter or by license conditions shall be maintained for a period specified by
						this chapter or by license condition. If a retention period is not otherwise
						specified, the records shall be maintained and transferred to the officials
						specified in §
												236.709 (relating to transfer of
						records) as a condition of license transfer unless the Department otherwise
						authorizes their disposition.
(c)
						Records which shall be maintained under this subchapter may be the original or
						a reproduced copy of microfilm if the reproduced copy of microfilm is capable
						of producing a copy that is clear and legible at the end of the required
						retention period.
This section cited in 25 Pa. Code §
														236.709 (relating to transfer of
							 records).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.707 - Recording receipt of waste shipments

Current through Register Vol. 54, No. 28, July 13, 2024
Following receipt and acceptance of a shipment of
						  waste, the licensee shall record the date of disposal of the waste, the
						  location in the disposal unit, the condition of the waste packages as received,
						  discrepancies between materials listed on the manifest and those received and
						  evidence of leaking or damaged packages or radiation or contamination levels in
						  excess of limits specified by United States Department of Transportation and
						  this title. The licensee shall briefly describe repackaging operations of the
						  waste packages included in the shipment, plus other information required by the
						  Department as a license condition.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.708 - Submittal of reports to the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual reports.
The
						licensed disposal facility operator shall file a copy of its financial report
						or a certified financial statement annually with the Department in order to
						update the information base for determining financial qualifications.
(b)
Quarterly reports.
(1) The licensed disposal facility operator
						shall submit its quarterly report to the Department, host municipality, host
						county, Low-Level Waste Advisory Committee and the public. The report shall
						include:
(i) Specification of the quantity of
						principal contaminants released to unrestricted areas in liquid and in airborne
						effluents during the preceding quarter.
(ii) The results of the monitoring
						program.
(iii) A summary of
						licensee disposal unit survey and maintenance activities.
(iv) A summary, by waste class, of activities
						and quantities of radionuclides disposed of.
(v) Instances in which observed site
						characteristics were significantly different from those described in the
						application for a license.
(vi)
						Other information the Department may require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.709 - Transfer of records

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding §
												236.706 (relating to maintenance
						  of records), copies of records of the location and the quantity of wastes
						  contained at the disposal site shall be provided, upon license transfer to the
						  Commonwealth Custodial Agency, to:
(1)
						The chief executive of the host municipality.
(2) The chief executive of the host
						county.
(3) The host county zoning
						board or land development and planning agency.
(4) The Governor.
(5) Other State, local and Federal government
						agencies as designated by the Department at the time of license
						transfer.
This section cited in 25 Pa. Code §
														236.706 (relating to maintenance
							 of records).