reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0040 - Response to Notice of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
In the written response required by OAR 345-029-0020(2)(c), the
				responsible party must include, as a minimum, the following:
(1) Admission or denial of the
			 violation;
(2) If the responsible
			 party admits the violation and can determine suitable corrective action:
(a) The corrective action taken, and results
			 achieved;
(b) Corrective action
			 that the responsible party plans to take to minimize the possibility of
			 recurrence; and
(c) The date by
			 which the responsible party expects to achieve full compliance; and
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0050 - Enforcement Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After issuing a notice of violation for a Class I violation, the Department
			 must provide the responsible party an opportunity for an enforcement conference
			 to discuss the cause and consequences of the violation and to describe the
			 corrective actions taken. The Department may use information discussed at the
			 conference in determining the appropriate enforcement action.
(2) Following the enforcement conference, if
			 any, the Department must confirm or amend the classification of the violation
			 and may issue an amended notice of violation, if appropriate.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.085,
				  469.440  & 469.992
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0060 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following the responsible party's response to the notice of violation described
			 under OAR 345-029-0040, and any enforcement conference, the Department may
			 assess a civil penalty for a Class I violation. The Department must determine
			 the amount of the civil penalty, if any, as follows:
(a) Base amount:
(A) $1000 per day from the date of discovery
			 for a violation of site certificate terms or conditions or violation of a
			 Department order as described in OAR 345-027-0230, or $2000 per day from the
			 date of discovery for such violation if the Department finds that substantially
			 the same violation occurred within the preceding 36 months; or
(B) $2000 per day from the date of discovery
			 for a violation of an enforcement order of the Council, or $5000 per day from
			 the date of discovery for such violation if the Department finds that
			 substantially the same violation occurred within the preceding 36
			 months;
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0070 - Contested Case Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 20 days after the date of mailing of the notice of assessment of a civil
			 penalty, the responsible party may submit to the Department a written request
			 for a contested case proceeding. For the purpose of this rule, the request is
			 submitted when it is received by the Department.
(2) If the responsible party requests a
			 contested case proceeding within the time stated in section (1), the Council
			 must conduct the proceeding under the applicable provisions of OAR 345-015-0002
			 to 345-015-0085.
(3) If the
			 responsible party does not request a contested case proceeding within the time
			 stated in section (1), the Department's proposed order assessing a civil
			 penalty, described under OAR 345-029-0060(2), automatically becomes
			 final.
(4) If the responsible party
			 requests a contested case proceeding but fails to appear, the Department's
			 proposed order assessing a civil penalty, described under OAR 345-029-0060(2),
			 becomes final upon a prima facie case made on the record of the
			 Department.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  183.415,
				  469.085  & 469.992
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0080 - Payment of Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
A civil penalty imposed under this division becomes due and
				payable 10 days after the order imposing the civil penalty becomes final by
				operation of law or on appeal. If the amount of the penalty is not paid within
				10 days after the order becomes final, the order may be recorded with the
				county clerk in any county of this state. The clerk shall thereupon record the
				name of the person incurring the penalty and the amount of the penalty in the
				County Clerk Lien Record.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  183.745,
				  469.085  & 469.992
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0090 - Council Consideration of Mitigating Factors

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 345-029-0080, the Council in its order
				after a contested case proceeding on a civil penalty imposed under OAR
				345-029-0060  may rescind or reduce the penalty upon a showing by the
				responsible party incurring the penalty that imposition of the penalty would be
				an unreasonable economic and financial hardship, that the responsible party has
				taken prompt and effective action to correct the violation and ensure that it
				will not be repeated, or that the responsible party reported the conditions or
				circumstances of the violation as a result of a routine compliance
				audit.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.085  & 469.992
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0100 - Revocation or Suspension of Site Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may revoke or suspend any site certificate after
				conducting a contested case proceeding on the revocation or suspension under
				the provisions of OAR 345-015-0012  through 0085. A majority vote of the Council
				or a request from the Department initiates a contested case proceeding on a
				revocation or suspension. The Council may base revocation or suspension on any
				of the following grounds:
(1) The
			 certificate holder made a material false statement in an application for a site
			 certificate or in supplemental or additional statements of fact or studies
			 required of an applicant when a true answer would have warranted denial of a
			 site certificate by the Council;
(2) The certificate holder failed to comply
			 with a term or condition of the site certificate;
(3) The certificate holder violated a
			 Department order as described in OAR 345-027-0230;
(4) The certificate holder violated any
			 provision of ORS
			 469.300 to
			 469.570,
			 469.590 to
			 469.621,
			 469.930 and
			 469.992, any
			 administrative rule adopted under those statutes, including but not limited to
			 rules contained in OAR chapter 345, or any order of the Council; or
(5) For a site certificate subject to ORS
			 469.410,
			 having been executed prior to July 2, 1975, the certificate holder violated any
			 the provision of ORS
			 469.300 to
			 469.520 or failed to comply with applicable health or safety standards.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.440
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0503 - Applicability of OAR 345-029-0505 through 345-029-0560

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 345-029-0503  through 345-029-0560  apply to violations involving the transport or disposal of radioactive
			 materials or waste, including violation of:
(a) Any applicable provision of ORS
			 469.525 or OAR chapter 345, division 050; or
(b) Any applicable provision of ORS
			 469.603 through
			 469.619,
			 OAR chapter 345, division 060, or any term or condition of a Radioactive
			 Materials Transport Permit.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0505 - Definitions for OAR 345-029-0503 through 345-029-0560

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 345-029-0503  through 345-029-0560, the following
				definitions apply:
(1) "Compliance
			 audit" means an audit conducted as part of an ongoing program established by
			 the responsible party to evaluate and ensure compliance with applicable rules,
			 statutes, or Radioactive Materials Transport Permit requirements.
(2) "Director" means the Director of the
			 Oregon Department of Energy, or Department staff authorized to implement these
			 rules under the Director's authority.
(3) "Reckless" means the responsible party
			 consciously disregarded a substantial and unjustifiable risk that the result
			 would occur or that the circumstance existed. The risk must be of such a nature
			 and degree that disregarding that risk constituted a gross deviation from the
			 standard of care a reasonable person would observe in that situation.
(4) "Responsible party" means any person
			 subject to the provisions of:
(a) ORS
			 469.525 or OAR chapter 345, division 050; or
(b) ORS
			 469.603 through
			 469.619 or OAR chapter 345, division 060.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0510 - Report by a Responsible Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever a responsible party becomes
			 aware of conditions or circumstances that may constitute or result in a
			 violation described under OAR 345-029-0503, the responsible party must:
(a) Within 72 hours after discovering the
			 conditions or circumstances, provide written notice of the conditions or
			 circumstances to the Director. The notice must include:
(A) A description of the conditions or
			 circumstances;
(B) The date of
			 discovery of the conditions or circumstances;
(C) A description of the immediate actions
			 the responsible party has taken or intends to take to correct or mitigate
			 conditions or circumstances. The description must explain whether and how the
			 actions have prevented or will prevent a violation from occurring, and when any
			 actions not yet taken are expected to be completed; and
(D) A description of how the conditions or
			 circumstances were discovered, including whether they were discovered as the
			 result of a regularly scheduled compliance audit; and
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0520 - Pre-Enforcement Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the Director determines that a violation described under OAR 345-029-0503  has
			 occurred, the Director may issue a Pre-Enforcement Notice upon the responsible
			 party. The Pre-Enforcement Notice must be served upon the responsible party by
			 personal service or by first class, certified or registered mail and must
			 include:
(a) A description of the alleged
			 violation, including a reference to the statute, administrative rule, order, or
			 permit term or condition determined by the Director to have been violated and
			 the classification of the violation under OAR 345-029-0530;
(b) A statement of the facts upon which the
			 Director based their determination, including the date or dates on which the
			 violation is alleged to have occurred, or the date an ongoing violation was
			 alleged to have begun;
(c) A
			 description of evidence supporting any mitigating or aggravating factors,
			 including, but not limited to:
(A) Whether the
			 responsible party voluntarily reported the conditions or circumstances related
			 to the alleged violation in accordance with OAR 345-029-0510;
(B) The performance of the responsible party
			 in taking necessary or appropriate action to correct the conditions or
			 circumstances that led to the violation and to prevent the violation from
			 recurring;
(C) A history of similar
			 or related violations by the responsible party and the responsible party's
			 efforts in taking all feasible steps or procedures necessary or appropriate to
			 correct or prevent any violation;
(D) Any known or potential adverse impact of
			 the violation on public health and safety;
(E) Whether the violation was willful or the
			 result of reckless behavior;
(d) A statement explaining what additional
			 information the Director requires to determine appropriate enforcement and
			 corrective actions;
(e) The date by
			 which the responsible party must respond to the Pre-Enforcement Notice under
			 section (2) of this rule and a description of the potential consequences of not
			 responding. The date must be at least 30 days after the date of issuance of the
			 Notice;
(f) A statement explaining
			 that the responsible party is entitled to the opportunity to present
			 information regarding the alleged violation and any proposed corrective action
			 at an enforcement conference under OAR 345-029-0550  before the Director issues
			 a Notice of Enforcement Action under OAR 345-029-0555; and
(g) An explanation that the Pre-Enforcement
			 Notice does not entitle the responsible party to a contested case
			 hearing.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0530 - Classification of Violations Involving the Transport or Disposal of Radioactive Materials or Wastes

Current through Register Vol. 63, No. 7, July 1, 2024
Violations involving the transport or disposal of radioactive
				materials or wastes are classified as follows:
(1) Class I Violations include:
(a) Any violation of ORS
			 469.525 or OAR chapter 345, division 050;
(b) A failure to obtain an Oregon Radioactive
			 Waste Material Transport Permit as required by ORS
			 469.605 or OAR 345-060-0004;
(c) A failure
			 to immediately report an incident as required by OAR 345-060-0030;
(d) A failure to comply with an order of the
			 Director or Council;
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0550 - Enforcement Conference

Current through Register Vol. 63, No. 7, July 1, 2024
If requested by the responsible party in its response to the
				Pre-Enforcement Notice provided under OAR 345-029-0520(2), the Director must
				provide the responsible party an opportunity for an enforcement conference to
				present information regarding the alleged violation and to discuss any
				corrective actions taken or proposed. The Director may use information
				discussed at the conference in determining the appropriate enforcement
				action.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.085,
				  469.540  & 469.992
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0555 - Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After considering any information provided in the responsible party's response
			 to the Pre-Enforcement Notice described under OAR 345-029-0520(2), and any
			 enforcement conference under OAR 345-029-0550, the Director may issue a Notice
			 of Enforcement Action containing one or more enforcement actions, including,
			 but not limited to, ordering compliance or corrective actions, imposing safety
			 conditions, and imposing civil penalties.
(2) The Notice of Enforcement Action must
			 include:
(a) The information described under
			 OAR 345-029-0520(1);
(b) A
			 statement assessing the responsible party's cooperativeness and effort to
			 correct the violation;
(c) The
			 amount of the penalty, if any, as calculated under OAR 345-029-0560;
(d) A proposed order assessing a penalty, if
			 any, and ordering compliance or imposing other safety conditions under ORS
			 469.540(3),
			 as appropriate; and
(e) A notice of
			 the responsible party's right to a contested case hearing under OAR
			 137-003-0505, including:
(A) The date by which
			 the Director must receive the responsible party's request for a contested case
			 hearing. The date must be at least 20 days after the date of the Notice of
			 Enforcement Action; and
(B) A
			 statement explaining that if the responsible party does not request a contested
			 case hearing by the date specified, or requests a contested case hearing and
			 fails to appear at the hearing, the responsible party waives its right to
			 hearing and the proposed order will become final by default.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0560 - Calculation of Civil Penalty Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director must determine the base
			 penalty amount for a violation based on the classification and severity of the
			 violation, subject to the following:
(a) The
			 classification of violation is as provided in OAR 345-029-0530;
(b) No severity determination is needed for
			 Class III violations. In making a severity determination for Class I or Class
			 II violations, the Director will consider all reasonably available information,
			 including, but not limited to: the degree of deviation from applicable
			 statutes, rules, standards, permits or orders; the extent of actual effects of
			 the violation; the concentration, quantity, or radioactivity of the materials
			 involved; the availability of potential pathways of exposure; and the duration
			 of the violation.
(A) The severity of the
			 violation is major if the Director finds the violation has caused, or has the
			 potential to cause, a significant adverse impact on public health and safety,
			 or the environment. In making this finding, the Director may describe any of
			 the factors described in subsection (1)(b) to be conclusive.
(B) The severity of a violation is moderate
			 if the Director finds the violation has caused, or has the potential to cause
			 no more than a minimal adverse impact on public health and safety or the
			 environment, but could have the potential to cause a significant adverse impact
			 on public health and safety or the environment if the physical conditions of
			 the disposal did not limit pathways of exposure to human health or the
			 environment.
(C) The severity of a
			 violation is minor if the Director finds the violation has caused, or has the
			 potential to cause, no more than a minimal adverse impact on public health and
			 safety or the environment.
(c) The base penalty for each violation is:
(A) For Class I violations:
(i) $10,000 for a major violation;
(ii) $5,000 for a moderate
			 violation;
(iii) $1,000 for a minor
			 violation;
(B) For Class
			 II violations;
(i) $5,000 for a major
			 violation;
(ii) $2,500 for a
			 moderate violation;
(iii) $500 for
			 a minor violation; and
(C) For Class III violations, $500;
			 and
(d) For the purposes
			 of determining the base penalty amount, violations of more than one law, rule,
			 permit, or order that result from the same actions, conditions, or
			 circumstances, will be treated as a single violation. The base penalty amount
			 will be based on the highest classification and severity applicable to any of
			 the violations.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 30 - RESEARCH REACTORS › Section 345-030-0005 - General

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to each research or other reactor in the
				State of Oregon that is designed to produce less than 200,000 thermal
				kilowatts. The intent of the rule is to ensure that the Energy Facility Siting
				Council is advised of the operation of such reactors.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469.300 &
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 30 - RESEARCH REACTORS › Section 345-030-0010 - Reports Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Annual Reports of Environmental Effects. By August 1 of each calendar year, the
			 operator of any reactor described in OAR 345-030-0005  shall submit a report to
			 the Council that contains the following information on reactor operation during
			 the previous calendar year:
(a) The total
			 amounts (measured or calculated) of radioactivity released to the environment
			 in gaseous, liquid or solid effluents.
(b) The radionuclides present in these
			 effluents and the quantities of principal radionuclides.
(c) The location and magnitude of the maximum
			 measured or calculated direct radiation level in unrestricted areas from:
(A) Direct radiation from the
			 facility;
(B) Direct radiation from
			 facility effluents.
(d)
			 A description of the general methods and the results of environmental
			 monitoring.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0006 - Disposal Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
As provided under ORS
				469.525, no radioactive waste
				shall be disposed of within this state, no person may arrange for disposal of
				radioactive waste within this state, no person may transport radioactive waste
				for disposal in this state, and no waste disposal facility for any radioactive
				waste shall be established, operated or licensed within this state, except as
				provided in ORS chapter 469 and this division.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.525
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0020 - Exempt Concentrations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Materials that
			 contain radionuclides in concentrations below the applicable concentration
			 identified in Table 1 are not radioactive waste for purposes of ORS
			 469.525 and these
			 rules
.
Additionally, wastes with the following characteristics are
			 considered to contain exempt concentrations:
(2) Radium-bearing materials containing less
			 than 5 picocuries of radium-226 per gram of solid, regardless of
			 quantity,
(3) Thorium-bearing
			 materials containing less than 20 picocuries of radium-228 per gram of solid,
			 if the radium-228 is present with the parent thorium-232, regardless of
			 quantity, or
(4) Lead-210-bearing
			 wastes which are not in equilibrium with uranium-238, are the result of fossil
			 fuel-related production including refining, transport, or storage, and contain
			 less than 10 picocuries per gram of solid regardless of quantity.
The Table referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS
				  469.300, ORS
				  469.470 & ORS
				  469.525
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0025 - Exempt Quantities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Materials that
			 contain radionuclides in individual quantities that do not exceed the
			 applicable quantity identified in Table 2 are not radioactive waste for the
			 purposes of ORS 469.525 and these rules unless
			 the number of individual radionuclides at their maximum allowable activity
			 given in Table 2 exceeds 10. Additionally, wastes with the following
			 characteristics are considered to contain exempt quantities:
(2) Radium-bearing material containing a
			 total radium-226 activity of less than 10 microcuries, regardless of
			 concentration.
(3) Thorium-bearing
			 materials containing a total radium-228 activity of less than 100 microcuries,
			 if the radium-228 is present with the parent thorium-232, regardless of
			 concentration in the solid.
The Table referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.300 & ORS
				  97.153
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0030 - Specific Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the exemptions under OAR 345-050-0020  and
				345-050-0025, the following materials are exempt from the provisions of ORS
				469.525 and OAR
				345-050-0006:
(1) Radioactive material
			 that has been incorporated into a consumer product manufactured under a license
			 issued by the Nuclear Regulatory Commission (NRC) or by an Agreement State, if
			 the NRC or the Agreement State that issued the license has determined that the
			 possession, use, transfer and disposal of such consumer product are exempt from
			 regulatory requirements. An "Agreement State" is a state to which the NRC has
			 delegated its authority to license and regulate byproduct materials
			 (radioisotopes), source materials (uranium and thorium) and certain quantities
			 of special nuclear materials in accordance with section 274b of the Atomic
			 Energy Act.
(2) Medical, industrial
			 and research laboratory wastes contained in small, sealed, discrete containers
			 in which the radioactive material is dissolved or dispersed in an organic
			 solvent or biological fluid for the purpose of liquid scintillation counting
			 and experimental animal carcasses that are disposed of or treated at a
			 hazardous waste disposal facility licensed by the U.S. Environmental Protection
			 Agency (U.S. EPA), by the Oregon Department of Environmental Quality, or by
			 another state delegated the responsibility to regulate the disposal or
			 treatment of hazardous waste by the U.S. EPA.
(3) Burial of a human or animal body
			 containing radioactive materials used for diagnostic or therapeutic purposes is
			 exempt from the provisions of ORS
			 469.525 if the burial is
			 otherwise done in accordance with applicable Oregon law.
(4) Waste that is identified as the result of
			 metabolized isotopes used in medical treatment. A facility may only dispose of
			 such waste in accordance with a facility-specific plan approved by the
			 Department in consultation with Oregon Health Authority. The plan must ensure
			 that the material presents no significant risk to the public, workers, or the
			 environment. The plan, at a minimum, should include:
(a) how the facility will identify and
			 confirm that waste is the result of metabolized isotopes used in medical
			 treatment;
(b) information
			 regarding worker safety and training;
(c) how the facility will manage waste that
			 is determined to not be the result of metabolized isotopes used in medical
			 treatment; and
(d) a tracking and
			 reporting schedule for informing the Department and Oregon Health Authority of
			 actions taken under the plan.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0035 - Pathway Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
Naturally occurring radioactive materials are exempt from the
				provisions of OAR 345-050-0006  if the Council or the Department of Energy finds
				that accumulation of material cannot result in exposures exceeding 500 millirem
				of external gamma radiation per year, nor in the release of effluents to air
				and water in annual average concentrations exceeding the values in
Table
				3
. The Council or the Department shall base its finding on an evaluation
				of potential radiation exposures and effluent releases performed under the
				following conditions:
(1) The
			 evaluation considers material in the form in which it exists when it is removed
			 from the users' equipment, systems, or settling ponds prior to any dilution or
			 remedial action designed to reduce radiation levels.
(2) The evaluation does not consider any
			 ameliorating effects of land use restrictions, maintenance operations, or cover
			 material at the disposal site.
(3)
			 The evaluation covers accumulations of material over the reasonably projected
			 period of waste generation.
(4) The
			 evaluation bases external gamma radiation exposures on actual measurement with
			 allowance for the degree of equilibrium and for self-shielding.
(5) The evaluation uses the following
			 premises in computing radon concentrations in the air above a disposal site
			 containing radium-226:
(a) The evaluation
			 assumes that any house built on ground contaminated with radium-226 has an
			 8-foot high ceiling on the first floor, has one complete air change per hour,
			 and has a foundation constructed so as to meet the
Structural Specialty
			 Code
(State of Oregon Uniform Building Code) in effect on March 1, 1979
			 without allowance for any special construction or treatments designed to reduce
			 radon diffusion into the structure;
(b) The evaluation bases the relation between
			 radon-emanation rate and radium concentration upon experimental measurements on
			 material intended for disposal.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0036 - Gamma Pathway Exemption Interpretive Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining compliance with OAR
			 345-050-0035  when considering external gamma radiation exposure, the Council or
			 the Department of Energy must find that the disposal in Oregon of waste
			 materials containing naturally-occurring radioactive materials (NORM) cannot
			 result in doses to individuals greater than 500 millirem (mrem) per year. If
			 doses could exceed this limit, the Council or the Department shall find that
			 the waste material is radioactive and requires disposal in a licensed
			 radioactive waste disposal site. To find the waste materials exempt, the
			 Council or the Department must find that the waste materials meet air and water
			 (including radon and leaching) pathway exemptions in OAR 345-050-0035. To
			 determine compliance with the gamma pathway exemption in OAR 345-050-0035, the
			 following conditions apply:
(a) "Waste
			 material" means the annual solid waste stream leaving a site for landfill
			 disposal.
(b) Actual field gamma
			 radiation exposures are measured. The exposure readings are compared with the
			 levels given in section (2) of this rule. The levels given in section (2)
			 correspond to a potential 500 mrem dose per year. They are based on the dose a
			 person might receive being 90 percent of the time in a house built on a
			 homogeneous, semi-infinite plane (slab) of NORM assuming the house has a
			 two-inch wooden floor over a two-foot crawl space and assuming exposure is
			 measured at three feet above the floor. Computer modeling was used to correlate
			 the radiation levels measured in the house to radiation from NORM in two
			 container geometries -- a standard 55-gallon steel drum and a box measuring 1.5
			 x 1 x 2 feet (H x W x L).
(c)
			 Readings are in microRoentgen per hour (uR/hr) using a detection system that is
			 sensitive enough to determine compliance with the gamma radiation levels in
			 section (2). Systems are calibrated according to National Institute of
			 Standards and Technology (NIST) procedures with an NIST-traceable source, or
			 equivalent calibration as judged by the Council Secretary. Measurements are
			 made at a distance of one foot from the waste container. The contents of the
			 container are proportional in composition to the average waste material. The
			 highest reading measured around the container is used.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0038 - Water Pathway Exemption Interpretive Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining compliance with OAR
			 345-050-0035  when considering release of effluents to water, the Council or the
			 Department of Energy must find that the disposal in Oregon of waste materials
			 containing naturally occurring radioactive materials (NORM) cannot result in
			 effluents with annual average concentrations exceeding the values in
Table 3
of this division. If effluent concentrations could exceed
			 this limit, the Council or the Department shall find that the waste material is
			 radioactive and require disposal in a licensed radioactive waste disposal site.
			 To find the waste materials exempt, the Council or the Department must also
			 find that the waste materials meet air and gamma (including radon release)
			 pathway exemptions in OAR 345-050-0035. To determine compliance with the water
			 pathway exemption in OAR 345-050-0035, the following conditions apply:
(a) "Waste material" means the annual solid
			 waste stream leaving a site for landfill disposal.
(b) At least four representative samples of
			 the waste stream being evaluated must be tested using EPA Method 1312,
			 "Synthetic precipitation leaching procedure" (SPLP). The resultant extractant
			 must be analyzed for the radioactive constituents in the waste by a procedure
			 of suitable accuracy and specificity that is approved by the
			 Department.
(c) The results of the
			 analysis of the extractant samples shall be compared to the values for
			 concentrations in water above natural background shown in
Table 3
of this division.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0040 - Standards for Waste Disposal Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 345-050-0040  through 345-050-0130  establish standards for
				disposal of radioactive waste. The Council shall apply the standards in
				deciding whether to issue a site certificate for the construction and operation
				of a waste disposal facility and its related or supporting facilities. If the
				Council adopts any additional standards, the Council shall do so sufficiently
				in advance of the close of testimony at a hearing on a site certificate to
				allow parties to address the standard or if after the close of testimony, in
				sufficient time to allow the parties an opportunity to supplement their
				testimony to offer evidence relating to the standard. The Council may use the
				standards established in OAR 345-050-0040  through 345-050-0130  and any
				standards adopted under this rule as well as other statutory and regulatory
				requirements of the Council and federal, state and local agencies in
				formulating site certificate conditions required by ORS
				469.401.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.525 & ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions set out in ORS
				469.300 apply in interpreting
				these standards, unless the context requires otherwise or unless a term is
				specifically defined in this rule. Additional definitions are:
(1) "Area" means all locations adjacent to a
			 facility determined by the Council to be directly affected by a force of nature
			 to the eventual detriment of site integrity.
(2) "500-year flood plain" means the extent
			 of a 500-year flood.
(3) "Active
			 fault" means a fracture along which rocks or soil on one side have been
			 displaced with respect to rocks or soil on the other side in Holocene time
			 (i.e., the most recent epoch of the Quaternary period, extending from the end
			 of Pleistocene to the present). "Active fault zone" means an area of one or
			 more active faults.
(4) "Mass
			 movement" means ground surface instabilities that result in land sliding, flow,
			 creep or any other instabilities found by the Council to threaten the integrity
			 of the facility.
(5) "Director"
			 means the Director of the Oregon Department of Energy.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.525
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0055 - Mandatory Site Certificate Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any other site certificate conditions the
				Council may impose under ORS
				469.401, the Council shall
				impose site certificate conditions that require an applicant to design, build
				and operate a waste disposal facility in accordance with the design standards
				contained in OAR 345-050-060 and 345-050-0100  and in accordance with any
				representations the applicant makes in the plan submitted under OAR
				345-050-0040  that address compliance with 345-050-0090, 345-050-0110, and
				345-050-0130.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.525 & ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0060 - Site Suitability

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a waste disposal facility, or
				to carry out a cooperative agreement or arrangement with an agency of the
				federal government to clean up radioactive waste, uranium mine overburden or
				contaminated material pursuant to ORS
				469.559(2), the
				Council must find that the site is suitable for the type and amount of waste
				the applicant intends to dispose of at the site. For purposes of this rule,
				uranium mine overburden means earth and other material overlying natural
				deposits of uranium ore and removed to gain access to the ore, if disposal of
				the material would result in an exceedance of any of the pathways in OAR
				345-050-0035  as in effect on the date of this rule. A site is not suitable if
				it is located in:
(1) An area
			 determined by the Council to be subject to surface water erosion over the
			 projected life of the facility. In making this determination, the Council shall
			 consider geological evidence of historical erosion, ancient shorelines, stream
			 beds and cutting due to floods as well as impacts from future climate
			 conditions.
(2) The 500-year flood
			 plain of a river, stream or creek, taking into consideration the area the
			 Council determines under section (1) to be potentially subject to erosion
			 within the lifetime of the facility.
(3) A Quaternary-active fault or
			 Quaternary-active fault zone.
(4)
			 An area of ancient, recent, active or potentially active, mass movement or
			 landslide, including the triggering mechanisms such as earthquake
			 shaking.
(5) An area subject to
			 volcanic damage over the past two-million years or that the Council finds to be
			 subject to damage from natural forces of volcanic origin that is sufficient to
			 cause meaningful degradation of facility integrity.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0070 - Alternate Site

Current through Register Vol. 63, No. 7, July 1, 2024
A person shall not locate a waste disposal facility at a site
				unless there is no available alternative site for disposal of such
				wastes:
(1) A site outside of Oregon
			 is not available unless appropriate local, state and federal regulatory
			 agencies have issued the necessary permits to allow present commercial use of
			 the site for disposal of wastes of the nature produced by the
			 applicant.
(2) A site is not
			 available unless the Council finds it to be the best site reasonably available
			 for the disposal of such wastes. In making this finding, the Council may rely
			 on a report of possible sites provided by the applicant. If the Director or the
			 Council finds the list to be deficient, the Council may consider additional
			 sites. The applicant may either perform the additional site evaluations itself
			 or elect to have the Director perform them. The applicant shall reimburse the
			 Director for all costs of site evaluations done by the Director.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0075 - Alternate Technology

Current through Register Vol. 63, No. 7, July 1, 2024
A person shall not locate a waste disposal facility at a site
				unless there is no available alternative disposal technology that would better
				protect the health, safety, and welfare of the public and the environment. In
				making this finding, the Council shall consider proven, demonstrated
				technology, including but not limited to existing hazardous waste and
				radioactive waste disposal site technologies.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0090 - Adjacent State Compatibility

Current through Register Vol. 63, No. 7, July 1, 2024
A person shall not locate a waste disposal facility at a site
				unless the person coordinates disposal of the type and amount of such wastes
				with the regulatory programs of adjacent states for disposal of such wastes.
				Coordination with the regulatory programs of adjacent states means that
				radioactive emissions from waste disposal facilities on or near Oregon
				boundaries comply with regulatory limits of the adjacent
				states.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0100 - Release of Radioactivity

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A person shall not locate a waste disposal facility at a site unless the
			 facility is designed to contain radioactive releases. To issue a site
			 certificate, the Council must find that the applicant has proposed to construct
			 the site using methods that include, but are not limited to, construction of
			 dikes, liners and covers, such that there can be no release of radioactive
			 materials from the facility.
(2) To
			 find that the proposed radioactive waste disposal facility is designed to
			 contain radioactive releases, the Council shall consider measurements of
			 natural background concentrations of radioactive materials near the facility.
			 For the purpose of this rule, radioactive releases are contained if radiation
			 levels and concentrations of radioactive materials are less than the upper
			 statistical limit of background measurements measured before any waste is
			 placed at the site. In making this finding, the Council shall consider
			 statistical limits determined at the 99 percent confidence level.
(3) The applicant shall take samples to
			 determine background from a minimum of four samples evenly spaced over a period
			 of a year from each monitoring location of air, soil, groundwater and surface
			 water. The applicant shall calculate the average of the measurements from each
			 seasonal period and for each sample type to determine the background
			 concentration. From year to year, the applicant may average the values to
			 increase the statistical base of measurements, but only within the same
			 seasonal period. The applicant shall use a sufficient number of monitoring
			 locations to accurately characterize the area.
(4) After construction of the facility, the
			 certificate holder shall determine compliance with release limits by
			 statistically comparing the average of sample measurements to the upper limit
			 of the range of background values. The certificate holder shall make this
			 determination by comparing measurements from individual locations to the
			 established background levels. The certificate holder may average multiple
			 samples from the same location to determine compliance with release limits, but
			 only within the same seasonal period.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0110 - Compatibility with Federal Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person shall not dispose of radioactive
			 waste or uranium mine overburden at a site unless the disposal of the type and
			 amount of such wastes is compatible with regulatory programs of the federal
			 government for disposal of such wastes. Regulatory programs of the federal
			 government refers to those programs that are formally adopted as federal laws
			 or regulations but not to statements of policy or future intent.
(2) Commercial Disposal. To issue a site
			 certificate, the Council must find that the disposal facility is designed to
			 meet all applicable federal and state standards for disposal of the type of
			 material involved.
(3) CERCLA
			 Cleanup. If the project is a remedial action undertaken under the Comprehensive
			 Environmental Response, Compensation and Liability Act (CERCLA) for hazardous
			 substances as that term is defined in
42
			 USC 9601
, the person responsible for
			 cleanup shall also comply with the applicable portions of CERCLA,
42
			 USC 9601 et. seq
.:
(a) If disposal will occur off-site, the
			 person responsible for cleanup shall transfer the waste to a facility that is
			 in compliance with any legally applicable federal and state requirements,
			 including but not limited to, those required by sections 3004 and 3005 of the
			 Solid Waste Disposal Act,
42
			 USC 6924
and
6925,
and
			 with the Toxic Waste Disposal Act,
15
			 USC 260
;
(b) If the person responsible for cleanup
			 proposes to construct a disposal facility in connection with an on-site cleanup
			 of hazardous substances, the the person responsible for cleanup must comply
			 with those portions of OAR 345 Divisions 50, 92 and 95 that are legally
			 applicable or relevant and appropriate under the circumstances of the release
			 or threatened release except as provided in
42 USC Section 9621 (d)(4)
.