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Subpart 383.3: Permits To Construct and Operate A Land Disposal Facility

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

[Effective Date September 6, 2006]

Contents:

Sec.

§383-3.1 Pre-application requirements.

The department may conduct formal scoping of the draft environmental impact statement in accordance with Part 617 of this Title.

§383-3.2 Permit application requirements.

These requirements apply to the owner of a land disposal facility who is required by this Part to obtain a permit to construct and operate a land disposal facility.

§383-3.3 Contents of complete application for permit.

(a) An application for a permit must satisfy the general requirements for complete applications contained in Part 621 of this Title, except where otherwise indicated herein, and must include the plans, reports, and other supporting information required by this Part.

(b) A complete application for a permit must contain all applicable information identified in this Part, including:

(1) a Safety Analysis Report, prepared in accordance with section 383-3.4 of this Part;

(2) a draft environmental impact statement which is prepared in accordance with Part 617 of this Title and which is filed with the department and which the department determines to be satisfactory with respect to scope, content, and adequacy for the purpose of commencing public review. For the purpose of a land disposal facility authorized pursuant to section 1854-c of the Public Authorities Law, the following issues must not be addressed:

(i) the need for the land disposal facility;

(ii) the alternative of no action;

(iii) the site or sites of the land disposal facility;

(iv) the disposal methods to be utilized;

(v) the nature or type of facilities as specifically required or authorized by statute; and

(vi) the classes of waste which may be stored or disposed of at the facilities.

(3) a waste minimization statement which must contain an analysis of the potential for reducing the generation of waste at the land disposal facility, and based on this analysis, a proposed program to reduce the volume and activity of waste generated at the land disposal facility. The waste minimization statement must include:

(i) an identification of the amount and type of wastes expected to be 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;

(iv) a waste minimization program and schedule for implementing the feasible waste reduction techniques identified as required by section 383-3.3(b)(3)(iii) of this Part.

(4) a copy of the application submitted to the Department of Labor pursuant to 12 NYCRR Part 38;

(5) for a land disposal facility authorized pursuant to section 1854-c of the Public Authorities Law, a demonstration that this application is in conformance with the certification issued pursuant to Part 382 of this Title.

(c) Except for land disposal facilities authorized pursuant to section 1854-c of the Public Authorities Law, a complete application must include a demonstration that the requirements of sections 382.20 through 382.83 are met.

(d) The information in the application submitted under this Part must be of sufficient detail to allow the department to fulfill its responsibilities under the ECL and this Part by:

(1) having detail sufficient to be readily understood by the persons using the documents contained in the application to enable them to determine how the facility will be constructed, operated, and closed and how it will be monitored and maintained after closure;

(2) providing the department with sufficient detail to ascertain the environmental impact of the proposed project; and

(3) providing sufficient detail to demonstrate that the design, construction, operation, closure, post-closure monitoring and maintenance, and institutional control of the facility will be capable of compliance with the applicable requirements of this Title.

(e) The application may incorporate by reference all or portions of other documents filed with or issued by the department provided the references are clear and specific. Referenced documents must be briefly described, their applicable findings summarized, and the date of preparation identified. Copies of the incorporated documents must be made available for inspection by the public in the same locations where the application is available for public inspection.

(f) In the application, the applicant may request approval from the department to omit certain information or to deviate from the format required by section 383-3.4 of this Part. The department's determination on any such request will be set forth in the notice of complete application or notice of incomplete application issued pursuant to section 383-3.6(b)(2) of this Part. The application will not be declared complete until the department grants the request or the applicant submits the information required by this section.

(g) The applicant may delay to a future date specified by the department in writing, the submission of any of the information required by sections 383-3.3 and 383-3.4 of this Part provided the department finds that delay of such submission:

(1) will have no significant adverse impact on the environment, natural resources, or the public health, welfare, and safety;

(2) will not adversely affect the ability of the land disposal facility to meet the requirements of this Part and Part 382 of this Title; and

(3) will not impair the department's ability to render a timely decision on the application for a permit in accordance with the applicable provisions of this Title and section 29-0503 of the ECL.

(h) Signatories to permit applications and reports.

(1) All permit applications must be signed as follows:

(i) for a corporation, by a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii)for a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

(iii) for a municipality, state, federal, or other public agency, by either a principal executive officer or ranking elected official. For the purposes of this Part, a principal executive officer of a government agency includes:

(a) the chief executive officer of the agency, or

(b) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(2) all reports required by this Part and the permit, and any other information requested by the department must be signed by a person described in section 383-3.3(h)(1) of this Part, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(i) the authorization is made in writing by a person described in section 383-3.3(h)(1) of this Part;

(ii) the authorization specifies either an individual or a position having supervisory responsibility for either overall operation of the land disposal facility or the process or activity that is the subject of the report (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(iii) the written authorization is submitted to the department.

(3) If an authorization under section 383-3.3(h)(2) of this Part is no longer accurate because a different individual or position has supervisory responsibility for overall operation of the land disposal facility or the process or activity that is the subject of the report, a new authorization satisfying the requirements of section 383-3.3(h)(2) of this Part must be submitted to the department prior to or together with any reports, information, or applications to be signed by an authorized representative.

(4) Any person signing a document under sections 383-3.3(h)(1) or (2) of this Part must make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

§383-3.4 Contents of the safety analysis report.

The applicant must prepare, and submit as part of the application, a Safety Analysis Report. The Safety Analysis Report must contain the information described in the United States Nuclear Regulatory Commission's publication, "Standard Format and Content of a License Application for a Low-Level Radioactive Waste Disposal Facility", (NUREG-1199, Revision 2, January 1991) (see section 383-1.8 of this Part) and must be in a format approved by the department. The Safety Analysis Report must include all of the information specified in NUREG-1199, in addition to the following information, to demonstrate that there is reasonable assurance that the performance objectives and the applicable requirements of this Part and Part 382 of this Title will be met:

(a) General information.

(1) The full name, address, telephone number and description of the business or occupation of the applicant, and the following information, as applicable:

(i) if the applicant is a partnership, the name and address of each partner and the principal location where the partnership does business;

(ii) if the applicant is a corporation or an unincorporated association, the state where it is incorporated or organized and the principal location where it does business, and the names and addresses of its directors and principal officers and shareholders who have a controlling interest (at least 50 percent) in the corporation;

(iii) if the applicant is acting as an agent or representative of another person in filing the application, all information required under this paragraph must be supplied with respect to the other person; and

(iv) if the applicant is a government agency, the enabling legislation of the agency and a description of its authority to operate a land disposal facility.

(2) Qualifications of the applicant including:

(i) the organizational structure of the applicant, both on and off the site, including a description of the lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise. This section must identify the individual(s) who will have the authority to stop work at the land disposal facility.

(ii) the technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. The minimum training and experience requirements for personnel filling key positions described in section 383-3.4(a)(2)(i) of this Part must be provided. At least one individual on the staff must be certified by the American Board of Health Physics. At least one individual on the staff must hold certification by the New York State Health Department as an emergency medical technician. The individual meeting this requirement must not be the emergency response coordinator.

(iii) a detailed description of the applicant's personnel training program, which must be designed to teach personnel to perform their duties in compliance with this Part and the permit. This program must be directed by a person trained in low-level radioactive waste management procedures, and must include the proposed means for evaluating the effectiveness of the training program for all employees. This program must discribe the initial, on-the-job, and refresher training that will be given to all employees, based on the job title.

At a minumum, the initial training portion of the personnel training program provided to all employees must include instruction in the following topics:

(a) appropriate radiation safety procedures, general worker safety procedures, permittee's in-house work rules, and each individual's responsibility to report unsafe conditions to the radiation safety officer and to the person with stop-work authority;

(b) appropriate response to emergencies and unsafe conditions as specified by the site safety and emergency response plan required by section 383-12.2 of this Part;

(c) the layout and normal operation of the land disposal facility and areas of the disposal site to which access is controlled for the purpose of radiation protection;

(d) applicable regulations and permit conditions;

(e) the employee's specific job duties.

(iv) the plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal operations in a safe manner.

(3) Institutional information, including:

(i) if the applicant is not a government agency, the applicant must provide a certification by the state of New York that the State owns the disposal site and that the State is prepared to accept transfer of the permit when the provisions of section 383-5.5 are met, and will assume responsibility for institutional control;

(ii) where the proposed disposal site is on land not already owned by the state of New York, the applicant must submit proof that arrangements have been made for assumption of ownership in fee by the state of New York before the department issues a permit. (4) Land disposal facility description, including:

(i) the location of the proposed disposal site;

(ii) the general character of the proposed activities;

(iii) the types, concentrations, radionuclides, and quantities of waste to be received, possessed, and disposed of;

(iv) the proposed facilities and equipment; and

(v) plans for the use of the land disposal facility for purposes other than the disposal of waste.

(5) Proposed schedules for:

(i) construction;

(ii) first receipt of waste;

(iii) first emplacement of waste at the proposed land disposal facility;

(iv) disposal unit closure;

(v) facility closure;

(vi) post-closure monitoring and maintenance; and

(vii) institutional control.

(b) Site characteristics.

The information on site characteristics, based upon the site characterization studies required by section 382.6(b) of this Title and the pre-operational monitoring performed in accordance with subpart 383-10.3 of this Part, must include the following:

(1) A description of the natural and demographic disposal site characteristics as determined by disposal site selection and characterization activities. The description must include geologic, geotechnical, hydrologic, meteorologic, climatologic, and biotic features of the disposal site and vicinity;

(2) A description of the known natural resources at the disposal site, the exploitation of which could result in inadvertent intrusion into the waste after the institutional control period;

(3) A plot plan showing the exact boundary locations of the proposed disposal site, the proposed locations of the permanent survey marker control points required by section 383-11.2(a) of this Part, the proposed site grid system required by section 383-11.2(c) of this Part, and the proposed disposal units and associated facilities;

(4) A copy of a land survey, title search, and any deed restrictions on the proposed disposal site. The location of property boundaries must be certified by a person or firm licensed to practice land surveying in the state of New York;

(5) A description of the location and extent of each county, town, hamlet, school district, fire district, local health district, emergency management service district, historic district, transportation planning authority, industrial development authority, water and sewer district, and solid waste disposal district within which the land disposal facility will be located or which is proposed to provide services to the land disposal facility at any time, and for those providing services, a description of the available capacity, equipment, and facilities;

(6) Identification of all political subdivisions in which the disposal site will be located;

(7) Identification of the major transportation corridors within 50 miles of the disposal site that are likely to be used to bring waste to the disposal site including highways, roads, railways, and waterways. The routes must be shown on a map that also identifies major congestion points and sensitive land uses such as schools and hospitals;

(8) A description of the proximity of the site to lands or reservations of Indian tribes or nations, state parks, nature sanctuaries, historic sites, and schools;

(9) Identification of all off-site facilities that must be built or upgraded for the operation of the land disposal facility including the following, if applicable:

(i) roads and railroad lines;

(ii) bridges;

(iii) fire stations;

(iv) emergency medical services and hospital facilities;

(v) utility services; and

(vi) off-site associated facilities; and

(10) Identification of any off-site facilities whose failure could adversely affect the land disposal facility.

(c) Design and construction.

The information on design and construction must include the following:

(1) The final design plans and specifications and description of the design features of the land disposal facility and the disposal units including those design features related to infiltration of water; integrity of disposal units; structural stability of waste, disposal units, and any backfill; retrieval or recovery of waste, if applicable; contact of waste with standing water; disposal site drainage; disposal site closure and stabilization; elimination to the extent practicable of long-term disposal site maintenance; inadvertent intrusion; occupational exposure; disposal site monitoring; and adequacy of the size of the buffer zone for monitoring and potential mitigative measures;

(2) A list and description of the principal design criteria and their relationship to the performance objectives;

(3) A list and description of the design basis major events or phenomena and their relationship to the principal design criteria;

(4) A list and description of the engineering and technical codes and standards which the applicant has applied to the design and which will apply to construction of the land disposal facility;

(5) A facility plan, showing the location of all features of the land disposal facility on a grid system to be established on site as required by section 383-11.2(c) of this Part;

(6) A detailed description of the construction of the land disposal facility, including the methods of construction of disposal units and proposed major phases of construction; and

(7) The design documentation required by subpart 383-7 of this Part.

(d) Facility operations.

The information on facility operations must include the following:

(1) A detailed and complete description of the operation of the land disposal facility. The description must include waste emplacement; the procedures for and areas of waste segregation; types of intruder barriers; on-site traffic and drainage systems; survey control program; methods and areas of waste storage; and methods to control surface water and groundwater access to the waste. The description must also include a description of the methods to be employed in the handling and disposal of waste containing chelating agents or other non-radiological substances that might affect the land disposal facility's ability to meet the performance objectives;

(2) The radiation safety program for control and monitoring of radioactive effluents from the land disposal facility to ensure compliance with the performance objective in section 382.11 of this Title and to control contamination of personnel, vehicles, equipment, buildings and the disposal site;

(3) The environmental monitoring plan prepared pursuant to section 383-10.4 of this Part;

(4) The structural monitoring plan prepared pursuant to section 383-10.7 of this Part;

(5) The action level response plan prepared pursuant to section 383-12.7 of this Part;

(6) The disposal unit monitoring plan prepared pursuant to section 383-10.5 of this Part;

(7) The associated facilities monitoring plan prepared pursuant to section 383-10.6 of this Part;

(8) The site safety and emergency response plan prepared pursuant to section 383-12.2 of this Part;

(9) A description of the administrative procedures that the applicant will apply to control activities at the land disposal facility; and

(10) A description of the facility computer recordkeeping system required by section 383-13.2(h) of this Part.

(e) The closure plan prepared pursuant to section 383-9.2 of this Part, including a description of those design features which are intended to facilitate disposal site closure and to eliminate the need for ongoing active maintenance.

(f) The post-closure plan prepared pursuant to section 383-9.7 of this Part.

(g) The institutional control plan prepared pursuant to section 383-9.8 of this Part.

(h) Safety assessment.

The safety assessment must include the following information:

(1) A description of the kind, amount, classification and specifications of the waste proposed to be received, possessed, and disposed of at the land disposal facility.

(2) Technical analyses demonstrating that there is reasonable assurance that the performance objectives will be met. These analyses must be performed in accordance with the following:

(i) Environmental pathways analyzed in the dose assessments demonstrating protection of the general population from releases of radioactivity must include air, soil, groundwater, surface water, plant uptake, and exhumation by burrowing animals. The analyses must clearly identify and differentiate between the roles performed by the natural disposal site characteristics and those performed by the disposal units and other design features in isolating and segregating the waste. The analyses must include dose assessments for a period of 10,000 years unless justification for using a shorter time period is provided. The analyses must clearly demonstrate that there is reasonable assurance that the dose to humans from the release of radioactivity will not exceed the limits set forth in section 382.11 of this Title.

(ii) Analyses of the protection of individuals from inadvertent intrusion must include a demonstration that there is reasonable assurance that the waste classification and segregation requirements will be met and that adequate barriers to inadvertent intrusion will be provided. The analyses must not rely upon an institutional control period of greater than 100 years.

(iii) Analyses demonstrating the protection of individuals during operations must include assessments of expected exposures due to routine operations and likely accidents during handling, storage, and disposal of waste. The analyses must provide reasonable assurance that exposures will be controlled to meet the requirements of 12 NYCRR Part 38.

(iv) Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance after closure must be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of waste and backfill, infiltration into disposal units, and surface drainage of the disposal site. The analyses must provide reasonable assurance that there will not be a need for ongoing active maintenance of the disposal site following closure. The analyses must not rely upon an institutional control period of greater than 100 years.

(v) Demonstration of protection of the environment and public health must include a list of all applicable state and federal environmental and public health laws and regulations and a demonstration that they will be met.

(i) Quality assurance.

A detailed description of the quality assurance program for the determination of natural disposal site characteristics and for quality assurance during design, construction, operation, and closure of the land disposal facility and the receipt, handling, and emplacement of waste. Audits and managerial controls must be included.

(j) Financial assurance.

The documentation required in subpart 383-6 of this Part.

(k) Computer models and documentation.

For each computer-based mathematical model used to support the design of the land disposal facility, used to reach any conclusions presented in the application, or used to support any statement in the application, the information described below must be submitted. This requirement includes all submodels of any model used.

(1) a running copy of the model. This requirement can be met by:

(i) submitting a copy of the model on computer tape or disk, or

(ii) submitting a printed listing of the source code and providing the department access to a running copy of the model for the department's use;

(2) complete documentation and presentation of the model and its algorithms, including the following:

(i) the theoretical basis of the algorithms;

(ii) the assumptions made in creation of the algorithms;

(iii) a description of and information on input parameters, including:

(a) a printed listing of all input files that identifies the values of all parameters used in the model;

(b) the range of values used for those input parameters that do not have single values, a justification of the range used, and a description of how the most probable values were determined;

(c) a discussion of all site characterization measurements, how these were used to select the model inputs, the results of the analysis of the accuracy and precision of these measurements, and defensible uncertainty estimates for all input parameters (site and design characteristics) for which site-specific measurements are not available; and

(d) a determination of the uncertainty in estimated doses resulting from the uncertainty in input values and a discussion of how the variability in space and time of site parameters will affect the dose estimates;

(iv) the results of sensitivity studies performed for all parameters that could be significant to dose levels;

(v) the results of model verification studies (and the physical conditions to which they apply) and the results of any code bench marking tests available;

(vi) a description of the applicability of the model used and the limitations to its use, including:

(a) how the model assumptions limit interpretation of modeling results;

(b) how these uncertainties have been adequately reflected in the results; and

(c) how the results have been applied to the permit application.

§383-3.5 Filing and distribution of the application.

(a) The applicant must submit one signed original and twenty copies of the application to the Chief Permit Administrator, New York State department of environmental conservation, 50 Wolf Road, Albany, New York, 12233-1750. The applicant shall provide to the department additional copies of the application at the department's request.

(b) The applicant must, concurrent with submittal to the department, submit ten copies of the application to the New York State Department of Labor, Bureau of Radiation Protection, and twenty-two copies to the New York State Library for distribution to the state depository libraries.

(c) The applicant must, concurrent with submittal to the department, submit one copy of the application to each of the following persons:

(1) the chief executive officer of each municipality in which any part of the proposed site is located;

(2) for land disposal facilities not authorized pursuant to section 1854-c of the Public Authorities Law, the chief executive officer of each municipality in which any part of the alternate disposal site or sites is located;

(3) the New York State Commissioner of Health;

(4) the state geologist;

(5) except for land disposal facilities authorized pursuant to section 1854-c of the Public Authorities Law, the chairperson of the New York State Energy Research and Development Authority;

(6) the New York State Commissioner of Agriculture and Markets;

(7) the New York State Commissioner of Transportation;

(8) each member of the New York State legislature in whose district any part of the proposed or any alternate disposal site is located or whose district is within ten miles of the proposed or any alternate disposal sites;

(9) the New York City Commissioner of Health, to the attention of the Director of the Bureau of Radiation Control;

(10) in the event that any portion of the proposed or alternate disposal sites is located adjacent to its jurisdiction, the Adirondack Park Agency; ` (11) the county executive of each county within which any part of the proposed or any alternate disposal sites is located and each adjacent county;

(12) the county legislature of each county within which any part of the proposed or any alternate disposal sites is located and each adjacent county;

(13) the environmental management council of each municipality within which any part of the proposed or any alternate disposal sites is located and each adjoining municipality;

(14) The director of the local health district within which any part of the proposed or any alternate disposal site is located and each adjoining local health district;

(15) the three public libraries located closest to the proposed disposal site and any alternates; and

(16) the public information center to be operated by the applicant as required by section 383-13.5(a) of this Part.

(d) The applicant must publish notice of the filing of the application in at least one newspaper of general circulation in the area of the proposed and any alternate sites and must send copies of the notice to the following:

(1) the New York State Commissioner of Economic Development;

(2) the New York State Secretary of State; (3) the New York State Commissioner of Energy;

(4) the chairperson of the New York State Public Service Commission;

(5) the New York State Commissioner of Parks, Recreation, and Historic Preservation;

(6) the New York State Attorney General;

(7) the New York State Commissioner of General Services; and

(8) the majority and minority leaders of both houses of the New York State legislature.

§383-3.6 Review of the application and hearing procedures.

(a) Except for permits for land disposal facilities authorized pursuant to section 1854-c of the Public Authorities Law, the provisions of Parts 617, 621, and 624 of this Title will apply to review of applications for permits.

(b) For land disposal facilities authorized pursuant to section 1854-c of the Public Authorities Law, the provisions of Parts 617, 621, and 624 of this Title will apply to review of applications for permits except where those provisions conflict with the requirements of Article 29 of the ECL or with any of the following:

(1) The department will be lead agency as defined in Part 617 of this Title.

(2) On or before 30 days following receipt of the application, the department will mail notice of its determination of completeness or incompleteness to the applicant and all parties listed in section 383-3.5 of this Part, provided, however, that when there is a requirement pursuant to federal law for a tentative determination or draft permit to be prepared prior to public notice or hearing, the time within which the department must make its determination is extended by thirty days.

(3) The department will hold an issues conference in accordance with Part 624 of this Title prior to the commencement of the hearing.

(4) No later than 60 days after the department and each other state agency have made their respective determinations that the applications are complete, the department will commence public adjudicatory hearings on the permit application and the draft environmental impact statement.

(5) Except as otherwise required by this Part, the provisions of Part 624 of this Title apply to the hearings.

(6) At least one day of the hearing will be held at a reasonably convenient location in the general geographic vicinity of each of the proposed sites.

(7) No later than 150 days after the commencement of the hearings, the hearing record must be officially closed.

(8) No later than 90 days after the official close of the hearing, the department must issue the final environmental impact statement and deliver a copy to each other agency before which is pending an application for license, permit, or other approval for the land disposal facility. In addition to the requirements for final environmental impact statements in Article 8 of the ECL and Part 617 of this Title, the final environmental impact statement must include the following:

(i) copies of the minutes of the legislative public hearing session held on the draft environmental impact statement and the department's responses to the comments presented; and

(ii) a listing, providing a brief description, identification, or reference for each report, study, or other document relied upon by the department for information supporting its analyses or conclusions.

(9) No later than 30 days after the issuance of the final environmental impact statement, the department must issue its decision with respect to the applications for permits and other approvals for the land disposal facility and must publish a notice of its decision in the State Register and distribute copies of the notice to the parties listed in section 383-3.5 of this Part, in addition to any other notices required by this Title.

(c) After the application has been declared complete pursuant to Part 621 of this Title or section 383-3.6(b)(2) of this Part and no fewer that 30 days prior to the issues conference held pursuant to Part 624 of this title, the applicant must hold at least one public information meeting to describe the proposed facility and the contents of the application.

§383-3.7 Standards for issuance of a permit.

A permit to construct and operate a land disposal facility will be issued by the department upon a finding that:

(a) The issuance of the permit and the subsequent construction, operation, closure, post-closure monitoring and maintenance, and institutional control of the land disposal facility will not constitute an unreasonable risk to the health and safety of the public or to the environment;

(b) The applicant is qualified by reason of training and experience to carry out the disposal operations in a manner that protects health and minimizes danger to life, property, and the environment;

(c) The applicant's proposed disposal site or sites and land disposal facility design, construction, operations (including equipment, facilities, and procedures), closure, post-closure monitoring and maintenance, and institutional control are adequate to protect the public health and safety and the environment in that they provide reasonable assurance that:

(1) The performance objectives will be met;

(2) The applicable requirements in sections 382.20 through 382.83 of this Title will be met; and

(3) The provisions of this Part will be met.

(d) The applicant's proposal for institutional control provides reasonable assurance that such control will be provided for at least the length of time required by section 383-9.8(e) of this Part and that 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 and the applicant has demonstrated 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 permitted activities through the operation period, including costs of construction and disposal; and

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

§383-3.8 Conditions of the permit.

(a) The following conditions apply to any permit issued pursuant to this Part and will be incorporated expressly into the permit:

(1) The permittee must design, construct, operate, and close the land disposal facility as described in the application and approved or amended by the permit. Unless specifically authorized by the department in accordance with sections 383-3.9 or 383-3.12 of this Part, deviation from the plans and procedures described in the application and approved or amended by the permit constitutes a violation of the permit conditions.

(2) The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the ECL and is grounds for enforcement action; for permit suspension, revocation and reissuance, or modification; or for denial of a permit renewal application.

(3) The permittee will be subject to the applicable provisions of the ECL and to all rules and regulations and orders of the department now or hereafter in effect. The terms and conditions of the permit are subject to amendment, revision, or modification in accordance with section 383-3.12 of this Part.

(4) The authority to receive, accept, and dispose of waste expires on the expiration date of the permit. Any expiration date on a permit applies only to the authority to receive and dispose of waste. Failure to renew the permit will not relieve the permittee of responsibility for carrying out site closure and stabilization, post-closure monitoring and maintenance, and transfer of the permit to the state of New York.

(5) For land disposal facilities not authorized pursuant to section 1854-c of the Public Authorities Law, the permit will be transferred to the state of New York only after execution of the closure plan and the post-closure plan.

(6) A permit issued under this Part, or any right thereunder, may not be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the permit to another person, except by a permit modification in accordance with section 383-3.12 of this Part.

(b) The department will include the limits described in this subdivision as conditions of the permit. Modifications to these limits must be approved as modifications to the permit in accordance with section 383-3.12 of this Part. The limits will define the maximum total activity of the following radionuclides that may be accepted for disposal at the land disposal facility over its operating life:

(1) iodine-129;

(2) technetium-99;

(3) carbon-14; and

(4) any other radionuclide which is shown by the application or the hearing record on the application to require restriction to provide reasonable assurance that the performance objectives will be met.

(c) The following plans, to be submitted as part of a complete application, will be approved in the permit either as proposed by the applicant or as modified in the permit:

(1) the environmental monitoring plan;

(2) the structural monitoring plan;

(3) the action-level response plan;

(4) the disposal unit monitoring plan;

(5) the associated facilities monitoring plan;

(6) the site safety and emergency response plan;

(7) the closure plan;

(8) the post-closure plan;

(9) the institutional control plan;and

(10) the financial assurance plan.

(d) The department may include in the permit at the time of issuance, or by modification pursuant to Part 621 of this Title, conditions with respect to the permittee's receipt, possession, and disposal of waste as the department finds necessary to protect or minimize danger to the public health and safety and the environment or to ensure that monitoring, recordkeeping, and reporting are carried out in accordance with the requirements of this Part.

§383-3.9 Changes in facility design, construction and operation.

(a) Except as provided for by sections 383-3.9 and 383-3.12 of this Part or by specific conditions of the permit, the permittee must not make any changes to the land disposal facility or procedures as approved or modified by the department and incorporated as part of the permit.

(b) The permit will identify and restrict changes to those facility features and operating procedures that are important to the public health and safety and the environment. Those facility features and operating procedures will be categorized according to their importance for protection of the public health and safety, the environment, and the facility's ability to meet the performance objectives. They will be assigned to one of the following two groups:

(1) Group 1 - those features and procedures that provide or are integral to (i) the containment of waste in the disposal units, (ii) emergency response, or (iii) protection of inadvertent intruders. These include design and construction of disposal units, the site drainage system, and inadvertent intrusion barriers, and procedures such as the emergency response plan, procedures for the placement of waste and any backfill in the disposal units, and waste inspection procedures.

(2) Group 2 - those features and procedures that provide or are integral to (i) detecting releases of radioactive material from the facility or (ii) maintaining site security. These include such features as the design of the administration and security buildings, and procedures such as sampling and analysis procedures for the environmental monitoring program, data reporting formats, and visitor instruction procedures.

(c) Features and procedures in Group 1 must not be changed without a modification of the permit pursuant to section 383-3.12 of this Part.

(d) Features and procedures in Group 2 may be changed after the permittee provides 60 days prior written notice to the department. The notice must describe the proposed change in sufficient detail for department review as set forth in section 383-3.3(d) of this Part.

(e) Upon receiving notice of a proposed change in a Group 2 feature or procedure, the department may, within 30 days of receiving the notice, prohibit the permittee from effecting the change and direct the permittee to obtain a permit modification pursuant to section 383-3.12 of this Part, if the proposed change could have a significant effect on the ability of the facility to meet the performance objectives.

(f) Changes in facility features and operating procedures that are not in Group 1 or 2 must be reported to the department, in the monthly report required by Section 383-13.3 of this Part. These changes include replacement of equipment in kind and changes in the operating hours of the public information center.

§383-3.10 Duration of the permit.

(a) Land disposal facility permits shall be effective for a fixed term not to exceed 10 years from the date of issuance unless renewed, suspended, revoked, or terminated by the Commissioner.

(b) The term of the permit shall not be extended by modification beyond the maximum duration specified in this section.

§383-3.11 Renewal of the permit.

The provisions of Part 621 of this Title apply to renewal of permits except where indicated herein:

(a) A complete application for permit renewal must be submitted to the chief permit administrator at least 180 days prior to the expiration date of the existing permit.

(b) The department will mail notice to the permittee of its decision on the request for renewal on or before 30 calendar days after the date of receipt of the application except as provided in section 621.11(f) of this Title.

§383-3.12 Modification of the permit.

This section does not apply to permit modification to authorize facility closure nor to permit modification to authorize institutional control (see subparts 383-4 and 383-5 of this Part). The provisions of Part 621 of this Title apply to modification of the permit except where indicated herein:

(a) The permittee may request modification of the permit by submitting one signed original and ten copies of the request to the chief permit administrator.

(b) Concurrent with submitting the request to the department, the permittee must distribute notice of the request for permit modification to the persons listed in section 383-3.5 of this Part. The notice must contain a concise description of the proposed modification and the name of an individual on the permittee's staff who can be contacted for further information.

(c) The request for modification must include:

(1) a description of the proposed modification and the exact wording of the modification being requested;

(2) the reasons for the modification;

(3) a description of the effects of the modification on the ability of the land disposal facility to meet the performance objectives;

(4) a demonstration that, with the modification in effect, the requirements of section 383-3.7 will be met; and

(5) certification that section 383-3.12(b) of this Part has been complied with.

(d) The department will modify the permit upon finding that, with the modification in effect, the requirements of section 383-3.7 of this Part will be met.

§383-3.13 Transfer of the permit before closure.

Prior to closure of the land disposal facility, a permit may only be transferred to another party by modification of the permit in accordance with section 383-3.12 of this Part. A permit will only be transferred upon a demonstration that the prospective transferee will be able to comply with the applicable laws and regulations, the permit, and other requirements to which the prospective transferor is subject.