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Subpart 383.5: Permit Modification For Institutional Control

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

[Effective Date March 14, 1993]

Contents:

Sec.

§383-5.1 Procedures.

The provisions of Part 621 of this Title apply to permit modifications for institutional control except as indicated herein. Section 383-3.12 of this Part does not apply to permit modifications for institutional control.

§383-5.2 Application requirements.

No later than 180 days before the end of the post-closure period, the permittee must submit an application to modify the permit to authorize institutional control. If the permittee is not the site owner, the permittee must at the same time apply for a permit modification to transfer the permit to the custodial agency. The custodial agency will be the permittee during the institutional control period.

§383-5.3 Contents of complete application for a permit modification for institutional control.

A complete application for a permit modification for institutional control must include the following:

(a) The final revision of the institutional control plan required by section 383-9.8(d) of this Part.

(b) A financial statement documenting the amount of funds available for executing the institutional control plan.

(c) Technical analyses demonstrating that the proposed institutional control plan will provide reasonable assurance that the disposal facility will meet the performance objectives. These analyses must comply with the requirements of section 383-3.4(h)(2) of this Part.

(d) A revised site safety and emergency response plan for the institutional control plan that meets the requirements of section 383-12.2 of this Part.

(e) Documentation demonstrating that the permittee has complied with sections 383-9.4(i) through (k) and 383-13.2(e) of this Part.

(f) An assessment of current local land use and how it differs from that during the permitting of the land disposal facility and the effect of those differences on the land disposal facility's ability to meet the performance objectives.

(g) An assessment of the current and future doses to the general public due to releases of radioactivity from the land disposal facility based on the actual inventory of waste in the land disposal facility, the results of the monitoring performed pursuant to subpart 383-10 of this Part, and any remediation or maintenance that has been undertaken.

(h) A plot plan showing the location of all disposal units, markers, and any remaining associated facilities, referenced to the site grid system required by section 383-11.2(c) of this Part.

§383-5.4 Filing and distribution of the institutional control application.

A complete application for a permit modification for institutional control must be filed and distributed in accordance with section 383-3.5 of this Part.

§383-5.5 Standards for permit modification for institutional control.

Upon review and consideration of the application to modify the permit to authorize institutional control, the department will modify the permit authorizing institutional control upon a finding that:

(a) The land disposal facility has been closed in conformance with the approved closure plan;

(b) The permittee has provided reasonable assurance that the performance objectives are being met;

(c) The permittee has provided reasonable assurance that the applicable requirements in sections 382.30 through 382.83 of this Title and the provisions of this Part are met;

(d) The institutional control plan meets the requirements of section 383-9.8 of this Part;

(e) The financial assurances meet the requirements of subpart 383-6 of this Part;

(f) The post-closure monitoring program is operational and ready for implementation by the custodial agency;

(g) Any funds and necessary records for institutional care will be transferred to the disposal site owner;

(h) The custodial agency is prepared to assume responsibility and ensure that institutional requirements found necessary under section 383-3.7(d) of this Part will be met; and

(i) The applicable requirements of Part 617 of this Title have been met.

§383-5.6 Termination of permit after the institutional control period.

(a) At the conclusion of the institutional control period, the permittee may apply for termination of the permit.

(b) An application for termination must contain the following:

(1) A demonstration that without institutional control, there is reasonable assurance that the disposal facility will meet the performance objectives. The demonstration must include technical analyses that meet the requirements of section 383-3.4(h)(2) of this Part;

(2) Proof that a declaration of restrictions or other approved document has been filed with the county clerk of the county where the land disposal facility is located as required by section 383-9.4 (k)(1) of this Part;

(3) An assessment of current local land use and how it differs from that during the permitting of the land disposal facility and the effect of those differences on the land disposal facility's ability to meet the performance objectives;

(4) An assessment of the current and future doses to the general public due to releases from the land disposal facility based on the actual inventory of waste in the land disposal facility, the radioactive decay that has occurred since the waste was disposed of, the results of the monitoring performed pursuant to subpart 383-10 of this Part, and any remediation or maintenance that has been undertaken; and

(5) A plot plan showing the location of all disposal units, markers, and any remaining associated facilities, referenced to the site grid system required by section 383-11.2(c) of this Part.

(c) The department may terminate the permit upon a finding that:

(1) The institutional control requirements of section 383-9 of this Part and all requirements of the permit as modified pursuant to section 383-5.5 of this Part have been met;

(2) In the absence of institutional control there is reasonable assurance that the performance objectives will be met;

(3) Any additional requirements resulting from new information developed during the institutional control period have been met;

(4) Permanent markers warning against intrusion have been installed; and

(5) The applicable requirements of Part 617 of this Title have been met.