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Part 381: Transporters Of Low-Level Radioactive Waste

(Pursuant to Article 27, Title 3 of the Environmental Conservation Law)

[Effective September 15, 1988]

[As Amended January 4, 2006]

Contents:

Sec.

§381.1 Purpose and Scope.

The purpose of these regulations is to establish transport permit standards for transporters of low-level radioactive waste (LLRW) and standards for generators and transporters relating to the use of the low-level radioactive waste manifest system and its recordkeeping requirements. A LLRW manifest document and the New York State LLRW transport permit must accompany all shipments of low-level radioactive waste while in transit into, through or within New York State unless specifically exempted under this Part. The manifest document will serve as a multipurpose instrument to be used for tracking, auditing and enforcement.

§381.2 Applicability.

(a) The transport permit requirements of this regulation apply to all transporters including brokers/collectors of low- level radioactive waste who transport regulated waste into, within or through New York State unless specifically exempted under this Part. The manifest requirements of this regulation apply to New York State generators and all transporters including brokers/collectors whose shipments of LLRW enter into or pass through New York State or whose shipments originate within New York State.

(b) Except as otherwise specifically provided, these regulations apply to all persons who receive, possess, transfer or transport low-level radioactive waste; provided, however, that except for Section 381.16 of this Part, nothing in these regulations applies to any U.S. Department of Energy contractor or subcontractor, any U.S. Department of Defense contractor or subcontractor, and any U.S. Nuclear Regulatory Commission contractor or subcontractor of the following categories operating within this state to the extent that such contractor or subcontractor under their contract receives, possesses, uses, transfers or acquires sources of radiation:

(1) prime contractors of the U.S. Department of Energy performing work for the U.S. Department of Energy at U.S. Government-owned or controlled sites;

(2) prime contractors of the U.S. Department of Energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof;

(3) prime contractors of the U.S. Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel; and

(4) prime contractors of the U.S. Department of Defense; and

(5) any other prime contractor or subcontractor of the U.S. Department of Energy, the U.S. Nuclear Regulatory Commission or the U.S. Department of Defense when the State and the U.S. Nuclear Regulatory Commission jointly determine:

(i) that the exemption of the prime contractor or subcontractor is authorized by law; and

(ii) that under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.

(c) With the exception of section 381.16, nothing in this Part applies to the transport of regulated waste by air, rail or water conveyances.

§381.3 Severability.

If any provision of this Part or the application thereof to any person or circumstances is held invalid, the remainder of this Part and the application of such provisions to persons or circumstances, other than those to which it is held invalid, shall not be affected thereby.

§381.4 General Definitions

(a) Agreement State means any state which has entered into an effective agreement with the U.S. Nuclear Regulatory Commission pursuant to section 274 (b) of the Atomic Energy Act of 1954, as amended. (See section 381.18 of this Part.)

(b) Application means the department's standard form for applying for a permit under this Part and any information required by the department under this Part.

(c) Authorized treatment, storage or disposal facility or authorized facility means a treatment, storage or disposal facility which is authorized or licensed under the laws and regulations of either the Federal government or the agreement state in which it is located, to accept low-level radioactive waste for treatment, storage or disposal and other services including but not limited to stabilization, or volume reduction.

(d) Broker or Collector means a person (except for the generator's employees) who performs one or both of the following functions for a low-level radioactive waste generator:

(1) Arranges for transportation of the low-level radioactive waste;

(2) Collects and/or consolidates shipments of such low-level radioactive waste; provided it shall not mean a transporter whose sole function is to transport such low-level radioactive waste.

(e) Carrier or Transporter means any person transporting low-level radioactive wastes into, within or through this State for storage, disposal or delivery.

(f) Consignee means the person, agent or facility to which a shipment of low-level radioactive waste is shipped.

(g) Consignor means the person, agent or facility which consigns or entrusts a shipment of low-level radioactive waste to an agent for transport to the consignee.

(h) Container means any portable device in which a material is stored, transported, treated or disposed of, or otherwise handled.

(i) Commissioner means the commissioner of the New York State Department of Environmental Conservation or a duly authorized representative.

(j) Department means the New York State Department of Environmental Conservation.

(k) Disposal means the discharge or deposit of low-level radioactive waste at an authorized treatment, storage or disposal facility for the purpose of isolating this low-level radioactive waste from the biosphere inhabited by man.

(l) ECL means Chapter 43-B of the Consolidated Laws of New York State, entitled Environmental Conservation Law.

(m) Environmental restoration means restitution for the loss, damage or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water of LLRW transported by a carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damages to human health, the natural environment, fish, shellfish and wildlife.

(n) Evidence of security means a surety bond or a policy of insurance with the appropriate endorsement attached.

(o) Generate or generation, when used with respect to low-level radioactive waste, means the production, or causing the production of, or activity which otherwise results in the creation or increase in volume of low-level radioactive waste. A person who generates low-level radioactive waste includes one who personally or through the actions of any agent, employee, or contractor, generates low-level radioactive waste.

(p) Generator means any person who produces, generates or possesses low-level radioactive waste in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, other industrial or commercial activity or who consolidates LLRW shipments for transport, or whose act first causes a low-level radioactive waste to be subject to regulation.

(q) Low-level radioactive waste or LLRW or waste means radioactive material that is not high-level radioactive waste, transuranic waste, spent nuclear fuel or the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, and the U.S. Nuclear Regulatory Commission consistent with federal law classifies as low-level radioactive waste.

(r) Manifest means a manifest document or shipping papers used for listing the quantity, composition, origin and destination of low-level radioactive waste and any other information required under section 381.12 of this Part during its transport to an authorized facility.

(s) Operator means every person who drives or is in actual physical control of a vehicle transporting low-level radioactive waste.

(t) Person means any individual, public or private corporation, political subdivision, government agency, department or bureau of the State or Federal government, municipality, industry, partnership, association, firm, trust, estate or any other legal entity.

(u) Permit means an authorization issued by the department to any person involved in the transportation of low-level radioactive waste.

(v) Processor means any person who treats or repackages low-level radioactive waste.

(w) Storage incidental to transport means any on-vehicle storage which occurs enroute from the point of initial low-level radioactive waste pickup to the point of final delivery for purposes such as, but not limited to, overnight on-the-road stops, stops for meals, fuel, and driver comfort, stops at the transporter's facility for weekends immediately prior to shipment, or on-vehicle storage not to exceed five days at the transporter's facility for the express purpose of consolidating loads, where such loads are not removed from their original packages or containers, for delivery to an authorized treatment, storage or disposal facility.

(x) Transfer incidental to transport means any transfer of low-level radioactive waste associated with storage incidental to transport where such material is not unpackaged, mixed or pumped from one container or truck into another.

(y) U.S. NRC, means the United States Nuclear Regulatory Commission.

(z) Vehicle means any device or contrivance which is required by law to be registered with a state, province or the Federal government for conveyance over public roads and which is used for carrying a regulated low-level radioactive waste. In the case of a tractor trailer combination, the trailer is considered the vehicle. In the case of a roll-off container or other similar device, the mobile flatbed or undercarriage is considered to be the vehicle.

§381.5 Exemptions.

(a) The commissioner may exempt a person from the permit or manifest requirements of this Part upon a showing by such person that compliance with the requirements would create a business hardship on his/her own business activities and that they can comply with the requirements of this section.

(b) No exemption will be granted for a person engaged in the transportation of low-level radioactive waste except upon a determination that, based upon the characteristics including physical and chemical form, half-life, concentration, activity and toxicity of the specific low-level radioactive waste transported, such transport imposes no potential significant adverse impact on public health, safety or welfare, the environment or natural resources as determined by the department in consultation with the New York State Department of Health.

(c) Any person granted an exemption must comply with any other conditions as specified by the commissioner. Such exemptions will be reviewed periodically as specified by the commissioner at least once every two years. Any exemption granted hereunder may be revoked after due notice and opportunity for hearing for a violation of any provision of ECL, article 27, title 3 or other applicable laws, rules or regulations relating to the transportation of regulated wastes or upon a showing that the exempted person no longer meets the requirements of this section for exemption.

(d) Any exemption granted hereunder does not relieve the transporter of low-level radioactive waste from any obligations or responsibilities required by federal laws, rules or regulations.

(e) Persons transporting low-level radioactive waste within New York State may apply for an exemption if they can demonstrate compliance with subdivision (a) and (b) of this section and the following:

(1) The applicant is a licensee of the U.S. Nuclear Regulatory Commission, the New York State Department of Health, New York State Department of Labor, or the New York City Department of Health; and

(2) The waste to be transported is Class A waste as defined by the U.S. Nuclear Regulatory Commission in 10 CFR 61.55 (see section 381.18 of this Part); and

(3) The transport will be between premises which are controlled by the licensee, and will be transported by a vehicle owned by the licensee, and the regulated waste is not being transported to an authorized facility, a licensed waste collector, or a licensed waste processor; and

(4) The total activity contained in a shipment does not exceed A2/100, where A2 is the activity defined in 49 CFR 173.435.

Requests for exemptions should be sent to the New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7250. Requests for exemptions will be considered on a case-by-case basis.

(f) Exemptions granted from the permit and manifest provisions of this Part shall not constitute an exemption from the provisions of Part 364 of this Title.

§381.6 Uniform Procedures.

The procedures applicable to the submittal and processing of applications for permits, permit renewals and permit modifications, and the procedures applicable to the modification, suspension and revocation of permits, pursuant to this Part, are set forth in ECL, article 70 and Part 621 of this Title.

§381.7 Permit requirements.

(a) No person shall, except pursuant to and in accordance with a valid permit issued pursuant to this Part:

(1) Collect or remove by a vehicle, any regulated low-level radioactive waste from its point of origin, generation or occurrence within New York State;

(2) Transport any regulated low-level radioactive waste into, within or through New York State;

(3) Transport and deliver any regulated low-level radioactive waste to an authorized treatment, storage or disposal facility, or otherwise dispose of or relinquish possession of any regulated waste other than as specified in such a permit.

(b) Owners or operators of facilities located in New York State at which any regulated low-level radioactive waste originates, is generated or occurs, or is consolidated for transport, must not deliver or otherwise relinquish possession of such waste for transport into, within or through New York State except to a person who has a valid permit issued pursuant to this Part.

(c) Owners or operators of an authorized treatment, storage or disposal facility located within New York State must not accept or take possession of any regulated low-level radioactive waste unless such waste was transported in accordance with a valid permit issued pursuant to this Part.

(d) The transporter or carrier of regulated low-level radioactive waste shall obtain a valid transport permit pursuant to this Part.

§381.8 Permit application procedures.

(a) General.

(1) Any person who requires a permit, pursuant to this Part, for the collection, removal, transport or transfer of low-level radioactive waste, or for transfer incidental to transport or storage incidental to transport, must apply for the permit in accordance with this Part and Part 621 of this Title.

(2) Applications must be completed and submitted on forms prescribed by the department and must indicate:

(i) the type of low-level radioactive waste involved;

(ii) vehicles that the applicant will use;

(iii) any transfer or storage facilities the applicant will use, except where such transfer or storage is incidental to transport; and

(iv) the place or places where and the manner in which the applicant will finally treat,store or dispose of the collected waste.

(3) The application shall also contain such analyses, plans, reports, fees, insurance certificates and other data as the department may require.

(4) The applicant must not indicate on their permit application a low-level radioactive waste disposal site, waste processor or waste collector that is not licensed or authorized by the U.S. NRC or by an Agreement State at the time of permit application submittal.

(5) The department may require inspection of transport vehicles at reasonable times and places as a condition of application approval, permit renewal or as a demonstration of compliance with the ECL at reasonable intervals during the permit year.

(b) Variances.

(1) The department may, upon written application from any person who is subject to this Part, grant a variance from one or more specific provisions of this Part, consistent with this subdivision.

(2) Any application for a variance hereunder must:

(i) dentify the specific provisions of this Part from which a variance is sought;

(ii) demonstrate that compliance with the identified provisions would, on the basis of conditions unique and peculiar to the applicant's particular situation, impose a substantial financial, technological or safety burden on the applicant or the public; and

(iii) demonstrate that the proposed activity will have no significant adverse impact on public health, safety or welfare, the environment or natural resources and will be consistent with the provisions of the ECL, the purpose of this Part and the performance expected from applications of this Part.

(3) In granting any variance hereunder, the department may impose specific conditions reasonably necessary to assure that the subject activity will have no significant adverse impact on public health, safety or welfare, the environment or natural resources.

(4) Requests for variances should be sent to the New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7250. Requests for variances will be considered on a case-by-case basis.

(c) Renewals.

(1) Applications for permit renewals must be received by the department at least 30 days in advance of the expiration date of the existing permit.

(d) Emergency Permits.

(1) The department, upon determining that a situation exists which poses an immediate threat to the environment or public health and safety, may issue an emergency low-level radioactive waste transporter permit for the transport of regulated low-level radioactive wastes caused by or resulting from the emergency situation, to a specific authorized treatment, storage or disposal facility. All terms of the emergency permit must be specific to the emergency situation and limited in scope and duration.

(2) Any transporter requesting an emergency permit must submit to an authorized department representative:

(i) transporter's name and New York State transporter permit number;

(ii) vehicle license number;

(iii) state of vehicle registration;

(iv) ow-level radioactive waste type and quantity;

(v) nature and location of emergency; and

(vi) authorized disposal facility name and address.

§381.9 Permitting standards.

(a) The department's decision to issue or deny a permit for the transport of low-level radioactive waste shall be based on the following considerations:

(1) The status of any receiving facilities identified in the permit application. No permit shall be issued unless the receiving facility is an authorized facility as defined in section 381.4(c) of this Part.

(2) The compliance status of any receiving facility. A low-level radioactive waste transporter permit may be denied, revoked, suspended or modified if the receiving facility has been determined to have violated any state or federal law, rule or regulation or permit condition related to the operation of its treatment, storage or disposal facility.

(3) The compliance history and reliability of the applicant. A low-level radioactive waste transporter permit may be denied, revoked, suspended or modified based upon the unsuitability of the applicant as set forth in this section. The department shall not authorize the issuance to, nor holding of permits for low-level radioactive waste transportation by unqualified or unsuitable persons. In addition to any other available grounds, the commissioner may, consistent with the policies of article 23-A of the Correction Law, and the provisions of section 70-0115 of the ECL, deny, suspend, revoke or modify any permit, renewal or modification thereto for the transportation of low-level radioactive waste, after determining in writing that such action is required to protect the public health and safety. Some of the factors which the commissioner may consider in arriving at such determination include:

(i) The permit holder or applicant has been determined in an administrative, civil or criminal proceeding to have violated any provision of article 27 of the ECL, any related order or determination of the commissioner, any regulation promulgated pursuant to ECL, article 27 or the condition of any permit issued thereunder, or any similar statute, regulation, order or permit condition of the federal or any state government.

(ii) The permit holder or applicant has been denied a permit for the same or substantially similar activity based upon one or more of the provisions of this section or a similar provision of federal or other state law.

(iii) The permit holder or applicant has been found in a civil proceeding to have committed a negligent or intentionally tortuous act or has been convicted in a criminal proceeding of a criminal act involving the handling, storing, treating, disposing or transporting of low-level radioactive waste or other regulated waste.

(iv) The permit holder or applicant has been convicted of a criminal offense under the laws of any state or of the United States which involves a violent felony offense, fraud, bribery, perjury, theft or an offense against public administration as that term is used in article 195 of the Penal Law.

(v) The permit holder or applicant has in any matter within the jurisdiction of the department knowingly falsified or concealed a material fact, knowingly submitted a false statement or made use of or made a fals statement on or in connection with any document or application submitted to the department.

(4) Such permit holder or applicant is either:

(i) an individual who had a substantial interest in or acted as a high managerial agent or director for any corporation, partnership, association or organization which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this Part, if such corporation, partnership, association or organization applied for a permit pursuant to this Part;

(ii) a corporation, partnership, association, organization, or any principal thereof, or any person holding a substantial interest therein, which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this Part, if such corporation, partnership, association or organization applied for a permit pursuant to this Part; or

(iii) a corporation, partnership, association or organization or any high managerial agent or director thereof, or any person holding a substantial interest therein, acting as high managerial agent or director for or holding a substantial interest in another corporation, partnership, association or organization which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this Part had such other corporation, partnership, association or organization applied for a permit pursuant to this Part. For the purposes of this subdivision, high managerial agent has the same meaning as is given that term in section 20.20 of the penal law.

(5) Any person denied a permit, renewal or modification on the grounds specified in this section shall be entitled to a hearing within 60 days of such denial in the case of a new permit, or within 15 days in the case of a renewal or modification of an existing permit. The conduct of such hearing shall be governed by article 70 of the ECL and regulations promulgated thereunder.

§381.10 Surety.

(a) The department may require a form of surety or financial responsibility from a permittee acceptable in form and amount to the department, to ensure compliance with the terms of the permit issued to such permittee pursuant to this Part.

(b) Any transporter carrying low-level radioactive wastes in New York State shall supply evidence of security to the department from a reliable insurer or surety authorized to do business in New York State. Policies of insurance or surety bonds must be in a form and amount specified below and must provide liability coverage for bodily injury and property damage including liability for environmental restoration resulting from negligence in the operation, maintenance or use of any vehicle involved in the transportation of low-level radioactive waste. The limits of the aforementioned insurance policy or surety bond shall be:

(1) $5,000,000 for the transport of low-level radioactive wastes in any vehicle which exceeds 10,000 pounds (4545 kilograms) maximum gross weight.

(2) $1,000,000 for the transport of low-level radioactive wastes in any vehicle which does not exceed 10,000 pounds (4545 kilograms) maximum gross weight, except that any transporter who carries any highway route controlled quantity of low-level radioactive waste as defined by 49 CFR 173.403 must have coverage as required pursuant to 49 CFR 387.9 (see section 381.18 of this Part).

(c) Policies of insurance, surety bonds and endorsements required under this section must remain in effect continuously throughout the term of the permittee's transporter permit. Only policies which provide for notification to the department of intent to cancel at least 35 days in advance of cancellation by the insurer will fulfill the requirements of this section. The 35-day notice period begins on the date the notice is postmarked.

(d) Policies of insurance and surety bonds required under this section may be replaced by other policies of insurance or surety bonds upon approval by the department. Policies must state that the liability of the retiring insurer or surety, must terminate on the effective date of the replacement policy of insurance or surety bond or at the end of the 35-day cancellation period above, whichever is sooner, provided that there are no lapses in policy coverage as required under this section.

§381.11 Operation requirements for transporters.

(a) A permittee may only deliver or otherwise relinquish possession of low-level radioactive waste to an authorized treatment, storage or disposal facility as defined in section 381.4(c) of this Part.

(b) The operator of any vehicle used for activities covered by this Part must carry the original permit or a legible photocopy of such permit in the vehicle. The operator must present the permit, together with a manifest relative to the low-level radioactive waste being transported, to authorized representatives of the department, other State agencies or to any law enforcement officers when requested to do so.

(c) A permittee must display the full name or legally registered trade name of the transporter on both sides of each vehicle used for activities covered by this Part. The permittee must also conspicuously display the New York State LLRW transport permit number on both sides and the rear of the vehicle. The permit number must be in figures at least three inches high and of a color which contrasts with the background.

(d) All low-level radioactive wastes must be properly packaged and contained during transport in accordance with 49 CFR part 173 and 10 CFR part 71. (See section 381.18 of this Part.)

(e) A permittee and the operator of any vehicle used for activities covered by this Part must comply with all applicable State and Federal laws and all rules and regulations promulgated thereunder. The permittee is responsible for all requirements for all vehicles including leased vehicles operated under his/her permit.

(f) A permittee must conspicuously mark or placard every vehicle, in a manner consistent with section 14-f of the New York State Transportation Law, any rules and regulations promulgated thereunder and any related Federal requirements, related to the transportation of the regulated waste and its principal hazard. Packaging, labeling and placarding of LLRW shipments must be in accordance with the provisions of 10 CFR part 71, 49 CFR part 172 and 49 CFR part 173 (see section 381.18 of this Part).

(g) Permits are not transferable. Change of ownership invalidates the provisions of such permits. Any change of address, name or location of garaged vehicles must be submitted immediately to the department.

(h) A permittee shall submit a report to the department annually, or more frequently if the department deems necessary, on forms prescribed by the department. The date report submittal is due will be established by the department. A permittee shall retain for three years the records required by section 381.15 of this Part on which such reports are based, and shall make such records available, upon request, to the department during normal business hours.

§381.12 Low-level radioactive waste manifest system.

(a) No low-level radioactive waste subject to the regulations in this Part may be transported, or disposed of into, within or through the State of New York without a completed manifest as defined in 381.4 (r) of this part.

(b) All manifest documents must include all information required in 10 CFR Part 20 Section 20.2006 and Appendix F to Sections 20.1001-20.2401 and 49 CFR 172.203(d). Beginning March 1, 1998, manifest documents must include all information required in 10 CFR Part 20 Section 20.2006 and Appendix G (See section 381.18 of this Part.)

(c) Requirements for New York State generators, waste collectors and processors. Generators, waste collectors and processors must not:

(1) offer a shipment of low-level radioactive waste for transport into, within or through New York State without an accompanying manifest;

(2) deliver a shipment of low-level radioactive waste to a transporter unless either:

(i) such transporter has a valid permit, issued under this Part, which authorizes the transport of the particular waste(s) offered for shipment to the designated facility; or

(ii) he transporter is otherwise exempt from the requirements of this Part.

(3) offer for shipment or ship a low-level radioactive waste into, within or through New York State to other than an authorized facility.

§381.13 Manifest requirements for transporters and brokers/collectors.

(a) All transporters of low-level radioactive waste who transport waste into, within or through the State of New York must obtain a valid transport permit issued pursuant to this Part.

(b) Prior to shipment of low-level radioactive waste off the site at which such waste was generated, the transporter of such waste must:

(1) accept all copies of the manifest for such shipment that are not otherwise distributed or retained by the generator or processor or licensed waste collector;

(2) determine that all generator or processor portions of the manifest are completed and that the generator or processor has signed the generator's certification on the manifest;

(3) sign the initial transporter's certification on the manifest and date the acceptance of the shipment; and

(4) assure that copies of the manifest are available for additional transporters if necessary.

(c) The manifest must be kept in the transportation vehicle in an easily accessible place when the shipment is in transit. Manifest accessibility shall be in conformance with 49 CFR 177.817(e). (See section 381.18 of this Part.)

(d) In situations where delivery cannot be made to the designated facility, the transporter must contact the generator, processor or licensed waste collector for authorization to deliver the shipment to an alternate facility. If the generator, processor or licensed waste collector authorizes shipment to an alternate authorized facility, the transporter must promptly deliver the shipment and must carry the original manifest document with the shipment and present the manifest to the owner or operator of the alternate facility. A copy of the manifest that accompanied the shipment to the alternate facility shall be sent to the department in accordance with section 381.13(h) of this Part and shall indicate that delivery was to an alternate facility.

(e) If the generator, processor or licensed waste collector does not authorize shipment to an alternate facility, or if the alternate facility will not accept the shipment, the transporter must return the shipment to the generator, processor or licensed waste collector and send a copy of the manifest to the department in accordance with section 381.13(h) of this Part and shall indicate that the shipment was returned.

(f) The transporter must deliver the low-level radioactive waste shipment to either:

(1) the designated facility listed on the manifest; or

(2) a licensed LLRW collector; or

(3) an alternate authorized facility as directed by the generator or processor, only if the shipment cannot be delivered to the designated facility; or

(4) to the next designated transporter, as specified on the manifest.

(g) Upon delivery by a transporter pursuant to subdivision (f) of this section, the transporter must:

(1) obtain the date of delivery and the signature on the appropriate certification on the manifest of either the facility operator or the subsequent transporter;

(2) Retain the appropriate copy of the manifest; and

(3) deliver the remaining copies of the manifest to the facility operator or subsequent transporter.

(h) The transporter must within 15 business days after relinquishing possession of such low-level radioactive waste to any person authorized or licensed under the laws and regulations of either the Federal government or an agreement state to accept LLRW for treatment, storage, disposal or other services, send a legible copy of such manifest and all continuation sheets to the New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7250. In the case of brokers/collectors, or any person acting as a collector, a copy of each manifest and continuation sheets which accompanies incoming LLRW shipments to the broker's/collector's facility must be sent to the department within 15 business days from the date of waste collection. Brokers/collectors acting as transporters in the moving of LLRW from their authorized facility to an authorized facility, must send the department a copy of the accompanying manifest and continuation sheets within 15 business days from the date they relinquish possession of said waste to the authorized facility. The permittee's New York State low-level radioactive waste transport permit number must be written, stamped or printed on each manifest copy sent to the department.

(i) Prohibitions. No transporter may:

(1) accept a low-level radioactive waste shipment for transport off-site unless it is accompanied by a manifest which has all generator or processor supplied information completed and all required certifications signed;

(2) accept a low-level radioactive waste shipment that significantly differs in terms of quantity from that listed on the manifest;

(3) deliver a shipment of low-level radioactive waste to any person other than as required by this Part; or

(4) transport any shipment of low-level radioactive waste without complying with the financial surety requirements of section 381.10 (a), (b), (c), and (d) of this Part.

§381.14 Transfer of waste.

(a) Transporters are permitted to transfer incidental to transport provided that:

(1) no consolidation or transfer of loads occurs either by repackaging, mixing or pumping from one container or transport vehicle into another.

(2) transfer of low-level radioactive waste from one vehicle to another is clearly indicated on the manifest and the name of each transporter using each vehicle is clearly identified.

(3) the shipment is not an exclusive use shipment which is defined as a shipment in which the vehicle is dedicated exclusively to the shipment of that LLRW, and which is reserved for the sole use of a single consignor and for which all initial, intermediate and final loading and unloading are carried out in accordance with the direction of the consignor or consignee.

§381.15 Transporter recordkeeping requirements.

(a) A transporter of low-level radioactive waste must keep a copy of the manifest signed by the generator or processor, the transporter and the next designated transporter or the owner or operator of the authorized facility, for a period of three years from the date the waste was accepted by the initial transporter.

(b) All records required under this section must be furnished to the department upon request and must be postmarked within 10 business days of receipt of a written request by the department. Such records must be made available at all reasonable times for inspection by any officer, employee or representative of the department who is duly designated by the commissioner.

(c) The three-year period of retention referred to in this section is extended automaticallyduring the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner.

§381.16 Low-level radioactive waste accidents or incidents.

(a) In the event of an accident or incident involving the transport of low-levelradioactivewaste within the State of New York, the transporter must take appropriate immediate action to protect human health and the environment. Any suspected or actual uncontrolled releases of radiation are to be immediately reported to the department and the New York State Department of Health. (b) A transporter must take such action as may be required or approved by Federal, State or local officials so that the low-level radioactive waste incident or accident no longer presents a hazard to human health or the environment.

§381.17 Mixed Wastes.

Transport of low-level radioactive waste mixed with hazardous waste (as defined by Part 371 of this Title) or other regulated waste (as defined by Part 364 of this Title) will require only a transport permit pursuant to this Part. Mixed hazardous waste and low-level radioactive waste transported into, within or through New York State will require a uniform hazardous waste manifest pursuant to Part 372 of this Title and a low-level radioactive waste manifest which satisfies the informational requirements established in section 381.12(b) of this Part.

§381.18 Materials incorporated by reference.

The following materials have been incorporated by reference in this Part. These references are available for inspection and copying at the Division of Solid & Hazardous Materials in the department's offices, 625 Broadway, Albany, New York 12233-7250, or may be obtained from the source listed.

(a) Section 274 of the Atomic Energy Act of 1954 as amended January 4, 1983, P.L. 97-415, Section 19(a), 96 Stat. 2079 (42 USC 2021).

(b) Title 49 Code of Federal Regulations (CFR) part 172, section 172.203(d) and sections 172.300-172.560 dated October 1, 2004.

(c) Title 49 Code of Federal Regulations (CFR) part 173, sections 173.401-173.478dated October 1, 2004.

(d) Title 49 Code of Federal Regulations (CFR) part 177, section 177.817(e), dated October 1, 2004.

(e) Title 10 Code of Federal Regulations (CFR) part 20, section 20.2006 and Appendix G to sections 20.1001-20.2401, dated January 1, 2005.

(f) Title 10 Code of Federal Regulations (CFR) part 61, section 61.55, dated January 1, 2005.

(g) Title 10 Code of Federal Regulations (CFR) part 71, sections 71.0-71.137, dated January 1, 2005.

(h) Title 49 Code of Federal Regulations (CFR) part 387, Section 387.9, dated October 1, 2004.

Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.