Washington Administrative Code › Title 246 - Health, Department of › RADIATION › Chapter 246-252 - Radiation protection - Uranium or thorium milling › Section 246-252-010 - Definitions, abbreviations, and acronyms

Current through Register Vol. 24-14, July 15, 2024
The definitions, abbreviations, and acronyms in this section
				  and in WAC
				  246-220-010 apply throughout this
				  chapter unless the context clearly indicates otherwise.
(1)
"Aquifer"
means a geologic
				formation, group of formations, or part of a formation capable of yielding a
				significant amount of groundwater to wells or springs. Any saturated zone
				created by uranium or thorium recovery operations would not be considered an
				aquifer unless the zone is, or potentially is (a) hydraulically interconnected
				to a natural aquifer, (b) capable of discharge to surface water, or (c)
				reasonably accessible because of migration beyond the vertical projection of
				the boundary of the land transferred to long-term government ownership and care
				in accordance with WAC
				246-252-030(11).
(2)
"As expeditiously as practicable
				considering technological feasibility,"
for the purposes of Criterion
				6A, means as quickly as possible considering: The physical characteristics of
				the tailings and the site; the limits of available technology; the need for
				consistency with mandatory requirements of other regulatory programs; and
				factors beyond the control of the licensee. The phrase permits consideration of
				the cost of compliance only to the extent specifically provided for by use of
				the term "available technology."
(3)
"Available technology"
means
				technologies and methods for emplacing a final radon barrier on uranium mill
				tailings piles or impoundments. This term shall not be construed to include
				extraordinary measures or techniques that would impose costs that are grossly
				excessive as measured by practice within the industry (or one that is
				reasonably analogous), (such as, by way of illustration only, unreasonable
				overtime, staffing, or transportation requirements, considering normal practice
				in the industry; laser fusion of soils, provided there is reasonable progress
				toward emplacement of the final radon barrier. To determine grossly excessive
				costs, the relevant baseline against which cost shall be compared is the cost
				estimate for tailings impoundment closure contained in the licensee's approved
				reclamation plan, but costs beyond these estimates shall not automatically be
				considered grossly excessive.
(4)
"Closure"
means the activities following operations to
				decontaminate and decommission the buildings and site used to produce
				by-product materials and reclaim the tailings or waste disposal area.
(5)
"Closure plan"
means the
				department approved plan to accomplish closure.
(6)
"Compliance period"
begins
				when the department sets secondary groundwater protection standards and ends
				when the owner or operator's license is terminated and the site is transferred
				to the state or federal agency for long-term care.
(7)
"Dike"
means an embankment
				or ridge of either natural or man-made materials used to prevent the movement
				of liquids, sludges, solids, or other materials.
(8)
"Disposal area"
means the
				area containing by-product materials to which the requirements of Criterion 6
				apply.
(9)
"Existing
				portion"
means that land surface area of an existing surface impoundment
				on which significant quantities of uranium or thorium by-product materials had
				been placed prior to September 30, 1983.
(10)
"Factors beyond the control of the
				licensee"
means factors proximately causing delay in meeting the
				schedule in the applicable reclamation plan for the timely emplacement of the
				final radon barrier notwithstanding the good faith efforts of the licensee to
				complete the barrier in compliance with paragraph (a) of Criterion 6A. These
				factors may include, but are not limited to:
(a) Physical conditions at the
				site;
(b) Inclement weather or
				climatic conditions;
(c) An act of
				God;
(d) An act of war;
(e) A judicial or administrative order or
				decision, or change to the statutory, regulatory, or other legal requirements
				applicable to the licensee's facility that would preclude or delay the
				performance of activities required for compliance;
(f) Labor disturbances;
(g) Any modifications, cessation or delay
				ordered by state, federal, or local agencies;
(h) Delays beyond the time reasonably
				required in obtaining necessary government permits, licenses, approvals, or
				consent for activities described in the reclamation plan proposed by the
				licensee that result from agency failure to take final action after the
				licensee has made a good faith, timely effort to submit legally sufficient
				applications, responses to requests (including relevant data requested by the
				agencies), or other information, including approval of the reclamation plan;
				and
(i) An act or omission of any
				third party over whom the licensee has no control.