reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part X - Notices, Instructions, and Reports to Workers; Inspections › Section 12VAC5-481-2320 - Inspections not warranted; informal review

Current through Register Vol. 40, No. 24, July 15, 2024
A. Do the following:
1. If the agency determines, with respect to
				  a complaint under
				  12VAC5-481-2310, that an
				  inspection is not warranted because there are no reasonable grounds to believe
				  that a violation exists or has occurred, the agency shall notify the
				  complainant in writing of such determination. The complainant may obtain review
				  of such determination by submitting a written statement of position with the
				  agency. The agency will provide the licensee or registrant with a copy of such
				  statement by certified mail, excluding, at the request of the complainant, the
				  name of the complainant. The licensee or registrant may submit an opposing
				  written statement of position with the agency. The agency will provide the
				  complainant with a copy of such statement by certified mail.
2. Upon the request of the complainant, the
				  agency may hold an informal conference in which the complainant and the
				  licensee or registrant may orally present their views. An informal conference
				  may also be held at the request of the licensee or registrant, but disclosure
				  of the identity of the complainant will be made only following receipt of
				  written authorization from the complainant. After considering all written and
				  oral views presented, the agency shall affirm, modify, or reverse the
				  determination of the agency and furnish the complainant and the licensee or
				  registrant a written notification of the decision and the reason
				  therefor.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 1 - Purpose and Scope › Section 12VAC5-481-2330 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 regulations in this part establish procedures, criteria, and terms and
					 conditions upon which the agency issues licenses for the land disposal of
					 wastes received from other persons. The requirements of this part are in
					 addition to, and not in substitution for, other applicable requirements of
					 these regulations.
B. The
					 regulations in this part do not apply to disposal of byproduct material as
					 defined in the definition of "byproduct material" in these regulations in
					 quantities greater than 10,000 kilograms containing more than 185 MBq (5 mCi)
					 of radium-226 or disposal of radioactive material as provided for in Part IV
					 (12VAC5-481-600 et seq.) of this
					 chapter.
C. This part establishes
					 procedural requirements and performance objectives applicable to any method of
					 land disposal. It establishes specific technical requirements for near-surface
					 disposal of radioactive waste that involves disposal in the uppermost portion
					 of the earth.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2340 - License required

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 person may receive, possess, and dispose of waste received from other persons
					 at a land disposal facility unless authorized by a license issued by the agency
					 pursuant to this part and Part III (12VAC5-481-380 et seq.) of this
					 chapter.
B. Each person shall file
					 an application with the agency pursuant to
					 12VAC5-481-440 and obtain a
					 license as provided in this part before commencement of construction of a land
					 disposal facility. Failure to comply with this requirement may be grounds for
					 denial of a license.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2350 - Content of application

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the requirements set forth in
						12VAC5-481-450, an application to
						receive from others, possess, and dispose of wastes shall consist of general
						information, specific technical information, institutional information, and
						financial information as set forth in
						12VAC5-481-2360 through
						12VAC5-481-2400.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2360 - General information

Current through Register Vol. 40, No. 24, July 15, 2024
The general information shall include each of the
						following:
1. Identity of the
					 applicant including:
a. The full name,
					 address, telephone number, and description of the business or occupation of the
					 applicant;
b. If the applicant is a
					 partnership, the name and address of each partner and the principal location
					 where the partnership does business;
c. If the applicant is a corporation or an
					 unincorporated association, (i) the state where it is incorporated or organized
					 and the principal location where it does business, and (ii) the names and
					 addresses of its directors and principal officers; and
d. If the applicant is acting as an agent or
					 representative of another person in filing the application, all information
					 required under this subsection must be supplied with respect to the other
					 person.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2380 - Technical analyses

Current through Register Vol. 40, No. 24, July 15, 2024
The specific technical information shall also include the
						following analyses needed to demonstrate that the performance objectives of
						this part will be met:
1. Pathways
					 analyzed in demonstrating protection of the general population from releases of
					 radioactivity shall include air, soil, groundwater, surface water, plant
					 uptake, and exhumation by burrowing animals. The analyses shall clearly
					 identify and differentiate between the roles performed by the natural disposal
					 site characteristics and design features in isolating and segregating the
					 wastes. The analyses shall clearly demonstrate that there is reasonable
					 assurance that the exposures to humans from the release of radioactivity will
					 not exceed the limits set forth in
					 12VAC5-481-2490.
2. Analyses of the protection of individuals
					 from inadvertent intrusion shall include demonstration that there is reasonable
					 assurance the waste classification and segregation requirements will be met and
					 that adequate barriers to inadvertent intrusion will be provided.
3. Analyses of the protection of individuals
					 during operations shall include assessments of expected exposures due to
					 routine operations and likely accidents during handling, storage, and disposal
					 of waste. The analyses shall provide reasonable assurance that exposures will
					 be controlled to meet the requirements of Part IV (12VAC5-481-600 et seq.) of this
					 chapter.
4. Analyses of the
					 long-term stability of the disposal site and the need for ongoing active
					 maintenance after closure shall be based upon analyses of active natural
					 processes such as erosion, mass wasting, slope failure, settlement of wastes
					 and backfill, infiltration through covers over disposal areas and adjacent
					 soils, and surface drainage of the disposal site. The analyses shall provide
					 reasonable assurance that there will not be a need for ongoing active
					 maintenance of the disposal site following closure.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2390 - Institutional information

Current through Register Vol. 40, No. 24, July 15, 2024
The institutional information submitted by the applicant
						shall include:
1. A certification by
					 the federal or state agency that owns the disposal site that the federal or
					 state agency is prepared to accept transfer of the license when the provisions
					 of 12VAC5-481-2460 are met and will
					 assume responsibility for institutional control after site closure and
					 post-closure observation and maintenance.
2. Where the proposed disposal site is on
					 land not owned by the federal or a state government, the applicant shall submit
					 evidence that arrangements have been made for assumption of ownership in fee by
					 the federal or a state agency before the agency issues a license.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2400 - Financial information

Current through Register Vol. 40, No. 24, July 15, 2024
The financial information shall be sufficient to
						demonstrate that the financial qualifications of the applicant are adequate to
						carry out the activities for which the license is sought and meet other
						financial assurance requirements of this part.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2420 - Conditions of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 license issued under this part, or any right thereunder, may be transferred,
					 assigned, or in any manner disposed of, either voluntarily or involuntarily,
					 directly or indirectly, through transfer of control of the license to any
					 person, only if the agency finds, after securing full information, that the
					 transfer is in accordance with the provisions of the Act and gives its consent
					 in writing in the form of a license amendment.
B. The licensee shall submit written
					 statements under oath upon request of the agency, at any time before
					 termination of the license, to enable the agency to determine whether the
					 license should be modified, suspended, or revoked.
C. The license will be terminated only on the
					 full implementation of the final closure plan as approved by the agency,
					 including post-closure observation and maintenance.
D. The licensee shall be subject to the
					 provisions of the Act now or hereafter in effect, and to all rules,
					 regulations, and orders of the agency. The terms and conditions of the license
					 are subject to amendment, revision, or modification, by reason of amendments
					 to, or by reason of rules, regulations, and orders issued in accordance with
					 the terms of the Act.
E. Each
					 person licensed by the agency pursuant to the regulations in this part shall
					 confine possession and use of materials to the locations and purposes
					 authorized in the license.
F. The
					 licensee shall not dispose of waste until the agency has inspected the land
					 disposal facility and has found it to be in conformance with the description,
					 design, and construction described in the application for a license.
G. The agency may incorporate in any license
					 at the time of issuance, or thereafter, by appropriate rule, regulation or
					 order, additional requirements and conditions with respect to the licensee's
					 receipt, possession, and disposal of waste as it deems appropriate or necessary
					 in order to:
1. Protect health or to minimize
					 danger to life or property;
2.
					 Require reports and the keeping of records, and to provide for inspections of
					 activities under the license that may be necessary or appropriate to effectuate
					 the purposes of the Act and regulations thereunder.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2430 - Application for renewal or closure

Current through Register Vol. 40, No. 24, July 15, 2024
A. An application for renewal or an
					 application for closure under
					 12VAC5-481-2440 must be filed at
					 least 90 days prior to license expiration.
B. Applications for renewal of a license must
					 be filed in accordance with
					 12VAC5-481-2350 through
					 12VAC5-481-2400. Applications for
					 closure must be filed in accordance with
					 12VAC5-481-2440.
C. In any case in which a licensee has filed
					 an application in proper form for renewal of a license, the license does not
					 expire until the agency has taken final action on the application for
					 renewal.
D. In determining whether
					 a license will be renewed, the agency will apply the criteria set forth in
					 12VAC5-481-2410.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2440 - Contents of application for site closure and stabilization

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to final
					 closure of the disposal site, or as otherwise directed by the agency, the
					 applicant shall submit an application to amend the license for closure. This
					 closure application shall include a final revision and specific details of the
					 disposal site closure plan included as part of the license application
					 submitted under subdivision 7 of
					 12VAC5-481-2370 that includes each
					 of the following:
1. Any additional geologic,
					 hydrologic, or other data pertinent to the long-term containment of emplaced
					 wastes obtained during the operational period.
2. The results of tests, experiments, or any
					 other analyses relating to backfill of excavated areas, closure and sealing,
					 waste migration and interaction with emplacement media, or any other tests,
					 experiments, or analysis pertinent to the long-term containment of emplaced
					 waste within the disposal site.
3.
					 Any proposed revision of plans for:
a.
					 Decontamination and/or dismantlement of surface facilities;
b. Backfilling of excavated areas;
					 or
c. Stabilization of the disposal
					 site for post-closure care.
4. Any significant new information regarding
					 the environmental impact of closure activities and long-term performance of the
					 disposal site.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2450 - Post-closure observation and maintenance

Current through Register Vol. 40, No. 24, July 15, 2024
The licensee shall observe, monitor, and carry out
						necessary maintenance and repairs at the disposal site until the site closure
						is complete and the license is transferred by the agency in accordance with
						12VAC5-481-2460. Responsibility
						for the disposal site must be maintained by the licensee for five years. A
						shorter or longer time period for post-closure observation and maintenance may
						be established and approved as part of the site closure plan, based on
						site-specific conditions.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2460 - Transfer of license

Current through Register Vol. 40, No. 24, July 15, 2024
Following closure and the period of post-closure
						observation and maintenance, the licensee may apply for an amendment to
						transfer the license to the disposal site owner. The license shall be
						transferred when the agency finds:
1.
					 That the closure of the disposal site has been made in conformance with the
					 licensee's disposal site closure plan, as amended and approved as part of the
					 license;
2. That reasonable
					 assurance has been provided by the licensee that the performance objectives of
					 this part are met;
3. That any
					 funds and necessary records for care will be transferred to the disposal site
					 owner;
4. That the post-closure
					 monitoring program is operational for implementation by the disposal site
					 owner; and
5. That the federal or
					 state agency that will assume responsibility for institutional control of the
					 disposal site is prepared to assume responsibility and ensure that the
					 institutional requirements found necessary under subdivision 8 of
					 12VAC5-481-2410 will be
					 met.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 2 - General Regulatory Provisions › Section 12VAC5-481-2470 - Termination of license

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Following any period of institutional control needed to meet the requirements
					 found necessary under
					 12VAC5-481-2410, the licensee may
					 apply for an amendment to terminate the license.
B. This application will be reviewed in
					 accordance with the provisions of
					 12VAC5-481-450.
C. A license shall be terminated only when
					 the agency finds:
1. That the institutional
					 control requirements found necessary under
					 12VAC5-481-2410 8 have been
					 met;
2. That any additional
					 requirements resulting from new information developed during the institutional
					 control period have been met; and
3. That permanent monuments or markers
					 warning against intrusion have been installed.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 3 - General Performance Objectives › Section 12VAC5-481-2480 - General requirement

Current through Register Vol. 40, No. 24, July 15, 2024
Land disposal facilities shall be sited, designed,
						operated, closed, and controlled after closure so that reasonable assurance
						exists that exposures to individuals are within the requirements established in
						the performance objectives in
						12VAC5-481-2490 through
						12VAC5-481-2520.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 3 - General Performance Objectives › Section 12VAC5-481-2490 - Protection of the general population from releases of radioactivity

Current through Register Vol. 40, No. 24, July 15, 2024
Concentrations of radioactive material that may be
						released to the general environment in ground water, surface water, air, soil,
						plants, or animals shall not result in an annual dose exceeding an equivalent
						of 0.25 mSv (25 mrem) to the whole body, 0.75 mSv (75 mrem) to the thyroid, and
						0.25 mSv (25 mrem) to any other organ of any member of the public. Reasonable
						effort should be made to maintain releases of radioactivity in effluents to the
						general environment ALARA.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 3 - General Performance Objectives › Section 12VAC5-481-2500 - Protection of individuals from inadvertent intrusion

Current through Register Vol. 40, No. 24, July 15, 2024
Design, operation, and closure of the land disposal
						facility shall ensure protection of any individual inadvertently intruding into
						the disposal site and occupying the site or contacting the waste at any time
						after active institutional controls over the disposal site are
						removed.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 3 - General Performance Objectives › Section 12VAC5-481-2510 - Protection of individuals during operations

Current through Register Vol. 40, No. 24, July 15, 2024
Operations at the land disposal facility shall be
						conducted in compliance with the standards for radiation protection set out in
						Part IV (12VAC5-481-600 et seq.) of this
						chapter, except for releases of radioactivity in effluents from the land
						disposal facility, that shall be governed by
						12VAC5-481-2490. Every reasonable
						effort should be made to maintain radiation exposures ALARA.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 3 - General Performance Objectives › Section 12VAC5-481-2520 - Stability of the disposal site after closure

Current through Register Vol. 40, No. 24, July 15, 2024
The disposal facility shall be sited, designed, used,
						operated, and closed to achieve long-term stability of the disposal site and to
						eliminate, to the extent practicable, the need for ongoing active maintenance
						of the disposal site following closure so that only surveillance, monitoring,
						or minor custodial care are required.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2540 - Disposal site design for land disposal

Current through Register Vol. 40, No. 24, July 15, 2024
Disposal site design for near-surface disposal.
1. Site design features shall be directed
					 toward long-term isolation and avoidance of the need for continuing active
					 maintenance after site closure.
2.
					 The disposal site design and operation shall be compatible with the disposal
					 site closure and stabilization plan and lead to disposal site closure that
					 provides reasonable assurance that the performance objectives will be
					 met.
3. The disposal site shall be
					 designed to complement and improve, where appropriate, the ability of the
					 disposal site's natural characteristics to assure that the performance
					 objectives will be met.
4. Covers
					 shall be designed to minimize to the extent practicable water infiltration, to
					 direct percolating or surface water away from the disposed waste, and to resist
					 degradation by surface geologic processes and biotic activity.
5. Surface features shall direct surface
					 water drainage away from disposal units at velocities and gradients that will
					 not result in erosion that will require ongoing active maintenance in the
					 future.
6. The disposal site shall
					 be designed to minimize to the extent practicable the contact of water with
					 waste during storage, the contact of standing water with waste during disposal,
					 and the contact of percolating or standing water with wastes after
					 disposal.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2560 - Environmental monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. At the
					 time a license application is submitted, the applicant shall have conducted a
					 preoperational monitoring program to provide basic environmental data on the
					 disposal site characteristics. The applicant shall obtain information about the
					 ecology, meteorology, climate, hydrology, geology including geophysics and
					 geotechnical engineering, geochemistry, and seismology of the disposal site.
					 For those characteristics that are subject to seasonal variation, data must
					 cover at least a 12-month period.
B. During the land disposal facility site
					 construction and operation, the licensee shall maintain an environmental
					 monitoring program. Measurements and observations must be made and recorded to
					 provide data to evaluate the potential health and environmental impacts during
					 both the construction and the operation of the facility and to enable the
					 evaluation of long-term effects and the need for mitigative measures. The
					 monitoring system must be capable of providing early warning of releases of
					 waste from the disposal site before they leave the site boundary.
C. After the disposal site is closed, the
					 licensee responsible for post-operational surveillance of the disposal site
					 shall maintain a monitoring system based on the operating history and the
					 closure and stabilization of the disposal site. The monitoring system must be
					 capable of providing early warning of releases of waste from the disposal site
					 before they leave the site boundary.
D. The licensee shall have plans for taking
					 corrective measures if the environmental monitoring program detects migration
					 of waste which would indicate that the performance objectives may not be
					 met.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2570 - Alternative requirements for design and operations

Current through Register Vol. 40, No. 24, July 15, 2024
The agency may, upon request or on its own initiative,
						authorize provisions other than those set forth in
						12VAC5-481-2540 through
						12VAC5-481-2560 for the
						segregation and disposal of waste and for the design and operation of a land
						disposal facility on a specific basis, if it finds reasonable assurance of
						compliance with the performance objectives of this part.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2571 - Waste classification

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Considerations. Determination of the classification of radioactive waste
					 involves two considerations. First, consideration must be given to the
					 concentration of long-lived radionuclides (and their shorter-lived precursors)
					 whose potential hazard will persist long after such precautions as
					 institutional controls, improved waste form, and deeper disposal have ceased to
					 be effective. These precautions delay the time when long-lived radionuclides
					 could cause exposures. In addition, the magnitude of the potential dose is
					 limited by the concentration and availability of the radionuclide at the time
					 of exposure. Second, consideration must be given to the concentration of
					 shorter-lived radionuclides for which requirements on institutional controls,
					 waste form, and disposal methods are effective.
B. Classes of waste.
1. Class A waste is waste that is usually
					 segregated from other waste classes at the disposal site. The physical form and
					 characteristics of Class A waste must meet the minimum requirements set forth
					 in 12VAC5-481-2572 A. If Class A
					 waste also meets the stability requirements set forth in
					 12VAC5-481-2572 B, it is not
					 necessary to segregate the waste for disposal.
2. Class B waste is waste that must meet more
					 rigorous requirements on waste form to ensure stability after disposal. The
					 physical form and characteristics of Class B waste must meet both the minimum
					 and stability requirements set forth in
					 12VAC5-481-2572.
3. Class C waste is waste that not only must
					 meet more rigorous requirements on waste form to ensure stability but also
					 requires additional measures at the disposal facility to protect against
					 inadvertent intrusion. The physical form and characteristics of Class C waste
					 must meet both the minimum and stability requirements set forth
					 12VAC5-481-2572.
4. Waste that is not generally acceptable for
					 near-surface disposal is waste for which form and disposal methods must be
					 different, and in general more stringent, than those specified for Class C
					 waste. In the absence of specific requirements in this part, such waste must be
					 disposed of in a geologic repository as defined in 10 CFR Part 60 or 63 unless
					 proposals for disposal of such waste in a disposal site licensed pursuant to
					 this part are approved by the agency.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2572 - Waste characteristics

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following requirements are minimum requirements for all classes of waste and
					 are intended to facilitate handling at the disposal site and provide protection
					 of health and safety of personnel at the disposal site.
1. Waste must not be packaged for disposal in
					 cardboard or fiberboard boxes.
2.
					 Liquid waste must be solidified or packaged in sufficient absorbent material to
					 absorb twice the volume of the liquid.
3. Solid waste containing liquid shall
					 contain as little freestanding and noncorrosive liquid as is reasonably
					 achievable, but in no case shall the liquid exceed 1.0% of the
					 volume.
4. Waste must not be
					 readily capable of detonation or of explosive decomposition or reaction at
					 normal pressures and temperatures, or of explosive reaction with
					 water.
5. Waste must 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 does
					 not apply to radioactive gaseous waste packaged in accordance with subdivision
					 7 of this subsection.
6. Waste must
					 not be pyrophoric. Pyrophoric materials contained in waste shall be treated,
					 prepared, and packaged to be nonflammable.
7. Waste in a gaseous form must be packaged
					 at a pressure that does not exceed 1.5 atmospheres at 20°C. Total activity
					 must not exceed 100 curies per container.
8. Waste containing hazardous, biological,
					 pathogenic, or infectious material must be treated to reduce to the maximum
					 extent practicable the potential hazard from the nonradiological
					 materials.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2573 - Labeling

Current through Register Vol. 40, No. 24, July 15, 2024
Each package of waste must be clearly labeled to identify
						whether it is Class A waste, Class B waste, or Class C waste, in accordance
						with 12VAC5-481-2571.
Statutory Authority
§ 32.1-229 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2580 - Institutional requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Land
					 ownership. Disposal of waste received from other persons may be permitted only
					 on land owned in fee by the federal or a state government.
B. Institutional control. The land owner or
					 custodial agency shall conduct an institutional control program to physically
					 control access to the disposal site following transfer of control of the
					 disposal site from the disposal site operator. The institutional control
					 program shall also include, but not be limited to, conducting an environmental
					 monitoring program at the disposal site, periodic surveillance, minor custodial
					 care, and other requirements as determined by the agency; and administration of
					 funds to cover the costs for these activities. The period of institutional
					 controls will be determined by the agency, but institutional controls may not
					 be relied upon for more than 100 years following transfer of control of the
					 disposal site to the owner.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 4 - Technical Requirements for Land Disposal Facilities › Section 12VAC5-481-2590 - Alternative requirements for waste classification and characteristics

Current through Register Vol. 40, No. 24, July 15, 2024
The agency licensing a low-level disposal facility may,
						upon request or on its own initiative, authorize other provisions for the
						classification and characteristics of waste on a specific basis, if, after
						evaluation of the specific characteristics of the waste, disposal site, method
						of disposal, it finds reasonable assurance of compliance with the performance
						objectives specified in this part.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 5 - Financial Assurances › Section 12VAC5-481-2600 - Applicant qualifications and assurances

Current through Register Vol. 40, No. 24, July 15, 2024
Each applicant shall show that it either possesses the
						necessary funds or has reasonable assurance of obtaining the necessary funds,
						or by a combination of the two, to cover the estimated costs of conducting all
						licensed activities over the planned operating life of the project, including
						costs of construction and disposal.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 5 - Financial Assurances › Section 12VAC5-481-2610 - Funding for disposal site closure and stabilization

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall provide assurances
					 prior to the commencement of operations that sufficient funds will be available
					 to carry out disposal site closure and stabilization, including:
(i) decontamination or dismantlement of land
					 disposal facility structures; and (ii) closure and stabilization of the
					 disposal site so that following transfer of the disposal site to the site owner
					 the need for ongoing active maintenance is eliminated to the extent practicable
					 and only minor custodial care, surveillance, and monitoring are required. These
					 assurances shall be based on agency-approved cost estimates reflecting the
					 agency-approved plan for disposal site closure and stabilization. The
					 applicant's cost estimates must take into account total costs that would be
					 incurred if an independent contractor were hired to perform the closure and
					 stabilization work.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 5 - Financial Assurances › Section 12VAC5-481-2620 - Financial assurances for institutional controls

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to the issuance of the license, the
					 applicant shall provide for agency approval, a binding arrangement, between the
					 applicant and the disposal site owner that ensures that sufficient funds will
					 be available to cover the costs of monitoring and any required maintenance
					 during the institutional control period. The binding arrangement shall be
					 reviewed periodically by the agency to ensure that changes in inflation,
					 technology, and disposal facility operations are reflected in the
					 arrangements.
B. Subsequent changes
					 to the binding arrangement specified in subsection A of this section relevant
					 to institutional control shall be submitted to the agency for prior
					 approval.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 6 - Records, Reports, Tests, and Inspections › Section 12VAC5-481-2640 - Tests on land disposal facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Each licensee shall perform, or permit the agency to
						perform, any tests the agency deems appropriate or necessary for the
						administration of the regulations in this part, including, but not limited to,
						tests of:
1. Wastes;
2. Facilities used for the receipt, storage,
					 treatment, handling or disposal of wastes;
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; or
5. Environmental sampling or
					 testing.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XI - Licensing Requirements for Land Disposal of Radioactive Waste › Article 6 - Records, Reports, Tests, and Inspections › Section 12VAC5-481-2650 - Agency inspections of land disposal facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensee shall afford to the agency
					 at all reasonable times opportunity to inspect waste not yet disposed of, and
					 the premises, equipment, operations, and facilities in which wastes are
					 received, possessed, handled, treated, stored, or disposed of.
B. Each licensee shall make available to the
					 agency for inspection, upon reasonable notice, records kept by it pursuant to
					 these regulations. Authorized representatives of the agency may copy and take
					 away copies of, for the agency's use, any record required to be kept pursuant
					 to these regulations.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XII - Licensing and Radiation Safety Requirements for Irradiators › Article 1 - Purpose and Scope › Section 12VAC5-481-2660 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
					 part contains requirements for the issuance of a license authorizing the use of
					 sealed sources containing radioactive materials in irradiators used to
					 irradiate objects or materials using gamma radiation. This part also contains
					 radiation safety requirements for operating irradiators. The requirements of
					 this part are in addition to other requirements of this chapter. In particular,
					 the provisions of Parts III (12VAC5-481-380,
					 et seq.), IV (12VAC5-481-600, et seq.),
					 X (12VAC5-481-2250
					 et seq.), and XIII (12VAC5-481-2950,
					 et seq.) of this chapter apply to applications and licenses subject to this
					 part. Nothing in this part relieves licensees from complying with other
					 applicable federal, state, and local regulations governing the siting, zoning,
					 land use, and building code requirements for industrial facilities.
B. This part applies to panoramic irradiators
					 that have either dry or wet storage of the radioactive sealed sources and to
					 underwater irradiators in which both the source and the product being
					 irradiated are underwater. Irradiators whose dose rates exceed 500 rad (5 gray)
					 per hour at 1 meter from the radioactive sealed sources in air or in water, as
					 applicable for the irradiator type, are covered by this part.
C. This part does not apply to self-contained
					 dry-source-storage irradiators (those in which both the source and the area
					 subject to irradiation are contained within a device and are not accessible by
					 personnel), medical radiology or teletherapy, radiography (the irradiation of
					 materials for nondestructive testing purposes), gauging, or open-field
					 (agricultural) irradiators.
Statutory Authority: §
													32.1-229
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XII - Licensing and Radiation Safety Requirements for Irradiators › Article 2 - Specific Licensing Requirements › Section 12VAC5-481-2670 - Application for a specific license

Current through Register Vol. 40, No. 24, July 15, 2024
A person, as defined in
						12VAC5-481-10, may
						file an application for a specific license authorizing the use of sealed
						sources in an irradiator. Each application shall be sent to the agency along
						with the appropriate fee prescribed in 12VAC5-490.
Statutory Authority: §
													32.1-229
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XII - Licensing and Radiation Safety Requirements for Irradiators › Article 2 - Specific Licensing Requirements › Section 12VAC5-481-2680 - Specific licenses for irradiators

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency will approve an application for
					 a specific license for the use of licensed material in an irradiator if the
					 applicant meets the requirements contained in subsection B of this section and
					 includes the information, as appropriate, from subsections C through I of this
					 section.
B. The applicant shall
					 satisfy the general requirements specified in
					 12VAC5-481-450
					 and the requirements contained in this part.
C. The application shall describe the
					 training provided to the irradiator operators including:
1. Classroom training;
2. On-the-job training or simulator
					 training;
3. Safety
					 reviews;
4. Means employed by the
					 applicant to test each operator's understanding of the agency regulations and
					 licensing requirements and the irradiator operating and emergency procedures;
					 and
5. Minimum training and
					 experience of personnel who may provide training.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XII - Licensing and Radiation Safety Requirements for Irradiators › Article 2 - Specific Licensing Requirements › Section 12VAC5-481-2690 - Commencement of construction

Current through Register Vol. 40, No. 24, July 15, 2024
Commencement of construction of a new irradiator may
						occur prior to the submission to the agency of both an application for a
						license for the irradiator and the fee required by 12VAC5-490. Any activities
						undertaken prior to the issuance of a license are entirely at the risk of the
						applicant and have no bearing on the issuance of a license. Commencement of
						construction, as defined in
						12VAC5-481-10, may
						include non-construction activities if the activity has a reasonable nexus to
						radiological safety and security.
Statutory Authority: §
													32.1-229
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part XII - Licensing and Radiation Safety Requirements for Irradiators › Article 2 - Specific Licensing Requirements › Section 12VAC5-481-2700 - Applications for exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 agency may, upon application of any interested person or upon its own
					 initiative, grant any exemptions from the requirements in this part that it
					 determines are authorized by law and will not endanger life or property or the
					 common defense and security and are otherwise in the public interest.
B. Any application for a license or for
					 amendment of a license authorizing use of a teletherapy-type unit for
					 irradiation of materials or objects may include proposed alternatives for the
					 requirements in this part. The agency will approve the proposed alternatives if
					 the applicant provides adequate rationale for the proposed alternatives and
					 demonstrates that it is likely to provide an adequate level of safety for
					 workers and the public.
Statutory Authority: §
													32.1-229
						  of the Code of Virginia.