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Subpart 380.10: General Regulatory Requirements

(Statutory authority : Environmental Conservation Law, arts. 1, 3, 17, 19, 27, 29, 37)

[Effective February 2, 2002]

Contents:

Sec.

§380-10.1 Additional requirements.

The department may, by rule, regulation, or order, impose upon any person subject to this Part such requirements in addition to those established in the regulations in this Part as it deems appropriate or necessary to protect public health and safety or the environment from the disposal or discharge of radioactive material to the environment.

§380-10.2 Enforcement and inspection and access to records.

(a) Enforcement.

(1) Every person who disposes of or discharges radioactive material subject to this Part within the State, or whose loss of control of licensed material may result in the disposal or discharge of such material to the environment within the State, is subject to every applicable requirement identified in this Part, subject to a demonstration to the department that the facility is clearly exempt from regulation under, or from the requirement in question that is contained in, this Part.

(2) Without limitation to any other civil or criminal sanction that may be applicable, any person who violates any provision of, or fails to perform any duty imposed by this Part, or any term or condition of any permit issued pursuant to this Part, or any final determination or order of the Commissioner issued pursuant to any statutory authority under which this Part is promulgated, is subject to all applicable civil, administrative, and criminal sanctions set forth in ECL Article 71.

(b) Inspection and access to records.

(1) The department may enter any property or premises where radioactive material subject to this Part is disposed of or discharged to the environment during normal business hours or at any other time during which regulated activity is reasonably believed to be occurring, for the purpose of inspecting such facility, property or premises to determine compliance, subject to the limitations set forth below. Such entry shall be accomplished with the minimum disruption to operations at the facility.

(2) Inspections shall be limited to areas or places where regulated activity or contamination or pollution is occurring or reasonably believed to be occurring.

(3) All records required to be maintained under this Part must be furnished upon request, within a reasonable period of time. Inspections of records and documents required to be maintained under this Part shall occur at the location where such records are maintained or at a reasonable time and place specified by the department. To the extent that records required to be maintained under this Part are maintained on computer databases, the department shall be provided with direct electronic access to such databases.

(4) Except as provided for in paragraph (5) herein, inspections shall be limited in frequency, duration, and scope by the following factors:

(i) potential environmental harm of the regulated activity;

(ii) complexity of the regulated activity and the time needed to determine compliance;

(iii) specific federal or state inspection mandates;

(iv) noncompliance history of the facility;

(v) existence or need for permits;

(vi) information received concerning noncompliance;

(vii) self-reported violations or releases that require a response by the department; and

(viii) need to follow up previous inspections which uncovered noncompliance with additional inspections.

(5) Notwithstanding paragraph (4) above, inspections by the department may occur with greater frequency when:

(i) a permit, license, or order authorizes more frequent inspection; and

(ii) the department has a reasonable basis to determine inspection is warranted in order to make a compliance determination.

§380-10.3 Tests.

Each person subject to this Part shall perform upon instructions from the department, or shall permit the department to perform, such reasonable tests as the department deems appropriate or necessary including, but not limited to, tests of:

(a) Licensed material;

(b) Facilities wherein licensed material is used or stored;

(c) Radiation detection and monitoring instruments; and

(d) Other equipment and devices used in connection with utilization or storage of licensed material.

§380-10.4 Vacating premises.

Each person subject to this Part shall, no less than 30 days before vacating or relinquishing possession or control of premises which may have been contaminated with licensed material, notify the department in writing of intent to vacate. When necessary to meet the requirements of this Part, the person shall decontaminate the premises in such a manner as the department may specify.

§380-10.5 Safeguarding information.

Any requests for the release of information in the custody of the department related to this Part shall be handled according to the provisions of New York Public Officers Law section 87 and Part 616 of this Title, Public Access to Records of the department.

§380-10.6 Impounding.

The department may impound sources of radiation when it determines such action is necessary to protect the public health and safety and the environment.