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Subpart 383.8: Operation Of Land Disposal Facilities

(Statutory authority: Environmental Conservation Law, arts. 3, 17, 19, 27, 29)

[Effective Date March 14, 1993]

Contents:

Sec.

§383-8.1 Applicability.

Sections 383-8.2 through 383-8.8 specify the minimum requirements for the operation of a land disposal facility. Any person who maintains or operates an underground mined repository must also comply with the requirements of section 383-8.9 of this Part.

§383-8.2 General requirements for operations.

(a) The permittee must maintain and operate the land disposal facility in accordance with the design, construction, and operation requirements of this Part and the permit.

(b) The permittee must maintain equipment in good working order and in sufficient supply to provide for safe operations and to prevent curtailment of operations because of equipment failure except under extraordinary conditions beyond the control of the permittee.

(c) On-site roads and other through-ways necessary for the operation, maintenance, monitoring, and security of the land disposal facility and for response to emergencies must be passable and safe at all times.

(d) The permittee must minimize safety hazards to all persons on the land disposal facility.

(e) Restricted access areas must be fenced and clearly posted, and access to such areas must be monitored by security and radiation safety personnel.

(f) Construction areas and construction lay down areas must be fenced.

(g) The permittee must develop and implement a quality assurance program, as approved by the department in the permit, for operation of the land disposal facility. The program must meet the provisions of the United States Nuclear Regulatory Commission's publication, "Quality Assurance Guidance for a Low-Level Radioactive Waste Disposal Facility" (NUREG-1293), Revision 1, April 1991. (See Section 383-1.8 of this Part).

(h) The permittee must maintain the landscaping required by section 383-7.2(u) of this Part.

(i) The permittee must maintain the surface drainage systems required by section 383-7.3(i) of this Part.

(j) The permittee must maintain the buildings and grounds of the land disposal facility in a neat and clean condition.

(k) All facility operations must be performed by, or under the supervision of, an individual qualified by the permittee, in accordance with the personnel training program.

§383-8.3 Excluded wastes.

(a) The following wastes must be incinerated or stabilized by another method approved by the department before emplacement in a disposal unit:

(1) animal carcasses, tissues, anatomical parts, excretions and exudates;

(2) discarded human tissues, anatomical parts, excretions, and exudates;

(3) other putrescible materials, unless approved by the department; and

(4) oil and other petroleum-based liquids, fuels, and lubricants unless otherwise authorized by the department. Waste containing incidental or trace amounts of these materials may be accepted for disposal provided that the amount of oil or other petroleum-based liquids, fuels, and lubricants does not exceed one-half percent (0.5%) by volume of waste in the waste package.

(b) Unless otherwise authorized by the department, waste in loose particulate form is not acceptable for disposal at the land disposal facility.

§383-8.4 Receipt, inspection, and acceptance of waste.

(a) Receipt of waste.

(1) No waste may be received at the land disposal facility until:

(i) the department receives from the permittee the construction certification reports required by section 383-7.2(f) of this Part for those major phases of construction that must be completed for operation of the facility, as defined in the permit;

(ii) the department inspects the facility, finds it to be in conformance with the permit, and so notifies the permittee in writing;

(iii) all facility personnel have successfully completed their initial training in accordance with the personnel training program required by section 383-3.4(a)(2)(iii) of this Part and the site safety and emergency response plan as required by section 383-12.2(b)(11) of this Part; and

(iv) the financial assurance instruments or methods included in the permit are in full force and effect.

(2) The permittee must receive waste in a designated receiving area physically separated from other on-site activities to prevent the mixing of such waste with waste that has been accepted for disposal.

(3) The permittee must develop and implement procedures for scheduling, at least twenty-four hours in advance, the receipt of waste shipments at the land disposal facility. When any shipment or part of a shipment has not been received within twenty-four hours after the scheduled time of receipt, the permittee must immediately notify the department and the radioactive materials licensee who last possessed the waste.

(4) Waste shipments must be accompanied by a complete and valid manifest as required by Part 381 of this Title. Waste transporters must possess a valid permit as required by Part 381 of this Title.

(5) After receipt, and prior to acceptance of a waste shipment, the permittee must verify by visual inspection that all portions of the manifest, except that portion to be filled out by the permittee, are complete and that the number of waste packages, the identification on the waste packages (manifest number and waste classification), and the description of the waste packages correspond to the information contained on the manifest.

(6) All discrepancies between the waste items listed on the manifest and the items received must be noted on the manifest. Missing items must be reported as required by section 383-8.4(a)(3) of this Part. If the discrepancies cannot be resolved within 15 days after receiving the shipment, the permittee must notify the department, in writing, and include a copy of the manifest and all continuation sheets (with notations). If the discrepancies cannot be resolved within 30 days after receiving the shipment, the permittee must cause the waste to be returned to the generator or broker, unless the department directs otherwise.

(7) The permittee must maintain copies of manifests as required by section 383-13.2 of this Part.

(b) Inspection and testing of waste.

(1) The permittee must develop and implement a waste inspection and testing program designed and implemented to provide:

(i) an effective deterrent to the shipment of unacceptable waste to the land disposal facility; and

(ii) reasonable assurance that waste accepted for disposal meets the requirements of the permit, this Part, and Parts 381 and 382 of this Title.

(2) The waste inspection and testing program must include the surveying of all waste packages with appropriate radiation detection instruments to detect surface contamination and to measure radiation levels.

(3) The waste inspection and testing program must include the x-raying of all Class A waste packages, except those in casks, to detect waste and waste forms that are not in compliance with this Part and Part 382 of this Title. The permittee must videotape all x-ray inspections and retain all videotapes as required by section 383-13.2 of this Part.

(4) The waste inspection and testing program must include the following procedures:

(i) monitoring, sampling, and analysis of waste packages selected as required by section 383-8.4(b)(5) of this Part, to verify the information presented on the manifest and to determine compliance with the applicable requirements of this Title and the permit; and

(ii) other, non-destructive testing and inspection methods to be applied to waste packages selected as required by section 383-8.4(b)(5) of this Part. These may include measures such as comparing the weight of the waste package with the waste description on the manifest, comparing waste characteristics with information about the generator's processes, and isotopic gamma analysis of external radiation fields.

(5) The procedures described in section 383-8.4(b)(4) of this Part must be selected and applied to waste received, as appropriate for the waste, considering its class, form, packaging, and any other relevant characteristics and the requirement in section 382.13 of this Title to keep radiation exposures during operation as low as reasonably achievable.

(6) At least one of the procedures described in section 383-8.4(b)(4) of this Part must be applied to waste received at the land disposal facility, at the following frequency:

(i) one waste package from at least one shipment in any week during which waste is received;

(ii) one waste package from at least one out of every five shipments received;

(iii) one waste package from each shipment received from any person who has shipped unacceptable waste to the land disposal facility within the past twelve months;

(iv) one waste package from each of the next three shipments received from any person who ships unacceptable waste to the land disposal facility.

(c) Acceptance of waste.

(1) The permittee must not accept waste for disposal unless it is authorized by the permit to accept such waste, it has adequate treatment, storage, and disposal capacity available, and the following criteria are met:

(i) the waste package must be clearly labeled to identify whether the waste is Class A, Class B, or Class C. Waste packages containing mixed waste must be clearly labeled as required by Part 372 of this Title. Waste packages must be clearly labeled to identify the radionuclides and their activity. Waste packages containing special nuclear material must be labeled as such.

(ii) the waste must conform to the information set forth on the manifest accompanying the waste shipment.

(iii) the waste package must be in compliance with all applicable state and federal regulations for the transport of radioactive material and hazardous wastes including Parts 364, 372, 381, and 382 of this Title.

(iv) waste must meet the requirements of section 382.81 of this Title, unless the permittee, in accepting the waste for disposal, agrees to treat and/or repackage it to meet the requirements of section 382.81 of this Title.

(v) waste containing iodine-129 must be accompanied by the results of analyses authorized by the department that were performed to determine the activity of iodine-129 contained in the waste.

(vi) for the disposal of waste authorized by the department in accordance with section 382.83 of this Title, the waste meets the requirements of that authorization.

(2) Only waste containing or contaminated with radioactive material may be disposed of in disposal units at the land disposal facility.

(3) At the time a shipment or any part of a shipment is accepted for disposal, the permittee must date the manifest, sign the appropriate certification on the manifest, give one copy to the transporter, and obtain the remaining copies of the manifest from the transporter.

(4) Within one week of acceptance of a shipment or any part of a shipment, the permittee must send one signed and dated copy of the manifest to the radioactive materials licensee who last possessed the waste and transferred the waste to the permittee.

(5) Within 15 business days of acceptance of a shipment or any part of a shipment, the permittee must send a legible copy of the signed and dated manifest to the New York State Department of Environmental Conservation, Bureau of Radiation, Division of Hazardous Substances Regulation, 50 Wolf Road, Albany, New York, 12233-7255.

(6) Upon acceptance of the waste, the permittee must clearly label each waste package with a unique identification number, which must be used to identify the package throughout the storage, treatment (if any), and disposal operations. This number must be used in all records pertaining to waste packages required by subpart 383-13 of this Part and in the tracking system required by section 383-8.6(a)(2) of this Part.

(7) Following receipt and acceptance of a shipment of waste, the permittee must record the following information:

(i) the date that the shipment was received at the land disposal facility;

(ii) the date of disposal of the waste;

(iii) a unique shipment manifest number;

(iv) the location of disposal at the disposal site;

(v) the volume of any pallet, bracing, or other materials that are included with waste shipments, or are generated from on-site activities, and are disposed of as contaminated or suspect materials;

(vi) the containment integrity of the waste disposal containers as received;

(vii) any discrepancies between materials listed on the manifest and those received;

(viii) any evidence of leaking or damaged packages or radiation or contamination levels in excess of limits specified in Part 381 of this Title;

(ix) a brief description of any repackaging operations of any of the waste packages included in the shipment; and

(x) any other information required by the permit.

(8) The permittee must store the information described in section 383-8.4(c)(7) of this Part in the computer recordkeeping system required by section 383-13.2(h) of this Part.

(9) The permittee must not accept waste or NARM waste from a generator or broker unless the generator of the waste has submitted to the permittee a waste minimization statement. The waste minimization statement must contain an analysis of the potential for reducing the generation of waste and, based on this analysis, a proposed program to reduce the volume and activity of waste produced by the generator. The waste minimization statement must include:

(i) an identification of the amount and type of wastes generated;

(ii) for each waste stream, an identification of the source of these wastes;

(iii) an analysis of technically and economically feasible waste reduction techniques; and

(iv) a waste minimization program and schedule for implementing the feasible waste reduction techniques.

(d) Disposition of waste found unacceptable for disposal at the land disposal facility.

(1) The permittee must return waste not acceptable for disposal to the waste generator or processor, or reprocess and/or repackage it into an acceptable form. Waste returned to the generator must meet the requirements of federal and state transportation laws and regulations.

(2) The permittee must isolate from all other waste on the site waste awaiting reprocessing, repackaging, or return to the generator or processor.

(3) The permittee must report the receipt of all unacceptable waste in accordance with sections 383-13.3 and 383-13.4 of this Part.

(e) Other regulations.

Nothing in this section exempts any person from the requirements of Parts 364 and 372 of this Title.

§383-8.5 Treatment and storage of waste prior to disposal.

(a) General treatment requirements.

(1) The conduct of all waste treatment activities, including any incineration, must not adversely affect the ability of the land disposal facility to meet the performance objectives.

(2) Releases of radioactive material to the environment from the waste treatment operations on the disposal site must not mask the environmental monitoring program or interfere with the following:

(i) the ability to detect releases from the disposal units or the disposal site; or

(ii) the ability to determine whether the performance objectives are met.

(b) Incineration.

(1) The concentrations of radionuclides in the incinerator gases before discharge from the stack must not exceed the concentrations that would cause or contribute to exceedance of the dose limits in section 382.11 of this Title.

(2) Incinerators designed, constructed, and operated at the land disposal facility must comply with all applicable state and federal requirements, including Parts 200, 201, 211, 212, 219, 257, and 373 of this Title.

(c) Temporary storage prior to disposal.

The storage of waste at the disposal facility prior to disposal must meet the following requirements:

(1) Radioactive waste awaiting treatment or disposal must be stored in temporary storage facilities that have shielding adequate to meet the requirements of section 382.13 of this Title and that are designed to meet the requirements of subpart 383-7.3(g) of this Part.

(2) The permittee must keep stored waste dry, protected from the elements and major natural phenomena, and segregated from other on-site activities that could adversely affect the package integrity or the waste form;

(3) Unless otherwise authorized by the department, Class B and C waste must be stored in separate areas from those containing Class A waste. The department may authorize the storage of Class A waste with Class B and C waste if the Class A waste meet the stability requirements of section 382.81(b) of this Title.

(4) Mixed waste must be stored in separate areas that also comply with the applicable requirements of Part 373 of this Title.

(5) Those wastes listed in sections 383-8.3(a)(1) through (3) of this Part that are accepted for incineration or other treatment at the land disposal facility must be stored separately from other wastes and maintained in a frozen state or treated to prevent their decomposition before they are incinerated or otherwise treated. The permittee must schedule the receipt of these wastes to coordinate with the scheduled operation of the incinerator to minimize or eliminate the storage time.

(6) The storage of waste must not adversely affect the ability of the facility to meet the performance objectives.

§383-8.6 Disposal activities.

(a) General disposal requirements.

(1) Unless otherwise authorized by the department, Class B and Class C waste must be disposed of in separate disposal units from those containing Class A waste. The department may authorize the disposal of Class A waste with Class B and C waste if the Class A meets the stability requirements of section 382.81(b) of this Title.

(2) The permittee must maintain a computer-based tracking system for the waste packages at the land disposal facility. The tracking system must be indexed on the unique identification number assigned to the waste package as required by section 383-8.4(c)(6) of this Part and must record the movement and location of each waste package from the time it is accepted for disposal through its final placement in the disposal unit. The tracking system must record the position of each waste package within the disposal unit.

(3) Waste must be protected from the elements, including wind, rain, snow, ice, and flooding during disposal operations.

(4) The permittee must operate the land disposal facility in a manner that will minimize the amount of time that elapses between the receipt and disposal of waste. Unless otherwise authorized by the department, waste that is accepted for disposal must be emplaced in disposal units no later than 90 days after it was received at the land disposal facility.

(5) The total quantity of special nuclear material present on the disposal site outside of the disposal units must not, at any time, be sufficient to form a critical mass. Special nuclear material in quantities not sufficient to form a critical mass means:

(i) uranium enriched in the isotope uranium-235 in quantities not exceeding 350 grams of contained uranium-235;

(ii) uranium-233 in quantities not exceeding 200 grams;

(iii) plutonium in quantities not exceeding 200 grams; or

(iv) any combination of uranium-233, plutonium, or uranium enriched in uranium-235 that meets this criterion: For each type of special nuclear material present, the ratio between the amount of that special nuclear material present and the limit for that special nuclear material set in subparagraphs (i) through (iii) of this paragraph must be calculated. The sum of those ratios must not exceed one.

(6) Disposal units that have been filled to their design capacity must be closed as required by section 383-9.3 of this Part. Unless otherwise approved by the department, all disposal unit closure measures must be completed no later than one year after the disposal unit is filled.

(7) Ongoing disposal operations must not have an adverse impact on closed disposal units.

(8) Waste generated from on-site activities must be disposed of in accordance with the requirements of this Part.

(9) Waste must not be placed in disposal units unless it meets the requirements of sections 383-8.4(c)(1) and (2) of this Part.

(10) No waste may be placed in a new disposal unit until:

(i) the department receives from the permittee the construction certification report for the new disposal unit as required by section 383-7.2(f) of this Part; and

(ii) the department inspects the new disposal unit, finds it to be in conformance with the permit, and so notifies the permittee in writing.

(11) Waste must be placed in the disposal unit in a manner that maintains the waste package integrity during emplacement, minimizes the void spaces between packages, permits the void spaces to be filled, and is consistent with the facility's design goals for recovery or retrieval of waste, if applicable.

(12) Void spaces between waste packages must be filled with free-draining material to reduce subsidence of the disposal unit after disposal unit closure.

(b) Disposal of mixed waste.

(1) The disposal of mixed waste must comply with Part 373 of this Title and with this Part.

(2) Only mixed waste and filler material authorized by the department, if any, may be disposed of in disposal units designed and constructed for mixed waste.

(3) Mixed waste must be placed in disposal units that are located a sufficient distance from disposal units that are used for other types of wastes so that the monitoring, operation, closure and post-closure requirements for hazardous waste disposal facilities in this Part and Part 373 of this Title are met.

§383-8.7 Radionuclide limits.

The permit will define, as required by section 383-3.8(b) of this Part, the maximum total activity of certain radionuclides that may be disposed of at the land disposal facility. The permittee must not accept for disposal any waste containing radionuclides that would cause the maximum total activities to be exceeded. The permit will limit the maximum total activity of the following radionuclides to provide reasonable assurance that the performance objectives will be met:

(a) iodine - 129;

(b) technetium-99;

(c) carbon-14; and

(d) any other radionuclide which the department determines must be restricted to provide reasonable assurance that the performance objectives will be met.

§383-8.8 Waste minimization program.

(a) The permittee must conduct a waste minimization program in accordance with the waste minimization statement required by section 383-3.3(b)(3) of this Part as approved by the department in the permit.

(b) The waste minimization program must be designed to reduce the volume and activity of waste generated at the disposal site.

§383-8.9 Additional disposal requirements for underground mined repositories.

(a) Geologic materials encountered during excavation operations must be compared to the materials and the material properties that were utilized in design. Where necessary, appropriate design and construction adjustments must be made in accordance with section 383-3.9 of this Part.

(b) Waste must not be stored temporarily in any location belowground. All inspection, testing, treatment, and other activities in preparation for disposal must be performed at the ground surface. Waste must be transported directly from the ground surface to its final disposal unit.

(c) During construction and operation, water inflow into the mined underground repository must be measured and the source identified.

§383-8.10 Disposal of NARM waste.

The department will authorize, in the permit, the disposal of NARM waste in a land disposal facility if, after evaluating the specific characteristics of the material to be disposed of, the disposal site, and the disposal method, it finds that there is reasonable assurance that the performance objectives will be met and the proposed disposal is permissible under other applicable federal and state law and regulations.