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Subpart 380.9: Reports

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

[Effective February 2, 2002]

[page 1 of 1]

Contents:

Sec.

§380-9.1 Annual reports.

(a) Each person who has obtained a permit for the disposal or discharge of licensed material to the environment pursuant to this Part must submit to the department an annual report on these radioactive discharges or disposals during the previous calendar year. The report must list the radionuclides discharged or disposed of, and the total quantity and the average annual concentrations of each. This report must be submitted by the end of each March.

(b) All persons required to make reports under subdivision (a) of this section shall submit the report in writing to the New York State Department of Environmental Conservation, Bureau of Radiation, Division of Hazardous Substances Regulation, 50 Wolf Road, Albany, New York 12233-7255.

§380-9.2 Notification of incidents.

(a) Immediate notification. Notwithstanding any other requirements for notification, each person shall immediately report any event involving loss of control of licensed material that may have caused the release of radioactive material to the environment, so that, had an individual been present for 24 hours, the individual could have received an intake five times the occupational annual limit on intake.

(b) Twenty-four hour notification. Each person shall, within 24 hours of discovery of the event, report any event involving loss of control of licensed material that may have caused the release of licensed material to the environment, so that, had an individual been present for 24 hours, the individual could have received an intake in excess of one occupational annual limit on intake.

(c) The person shall prepare any notification report filed with the department pursuant to this section so that names of individuals who have received exposure to radiation or radioactive material are stated in a separate and detachable part of the report.

(d) Persons shall make the notification reports required by subdivisions (a) and (b) of this section by telephone to the department's Bureau of Radiation during normal business hours or to the department's Spill Hotline during off-hours and by telegram, mailgram, or facsimile to the New York State Department of Environmental Conservation, Bureau of Radiation, Division of Hazardous Substances Regulation, 50 Wolf Road, Albany, New York 12233-7255. To the extent that the information is available at the time of notification, the information provided in these reports must include:

(1) The caller's name and call back telephone number; and

(2) A description of the event, including date and time; and

(3) The exact location of the event; and

(4) The isotopes, quantities, and chemical, physical, and biological form of the licensed material involved; and

(5) Any radiation exposure data available.

§380-9.3 Reports of exposures, radiation levels, and concentrations of radioactive material exceeding the limits.

(a) Reportable events. In addition to the notification required by section 380-9.2 of this Part, each person shall submit a written report within 30 days after learning of any of the following occurrences:

(1) Any incident for which notification is required by section 380-9.2 of this Part; or

(2) Doses in excess of the limits for an individual member of the public in section 380-5.1 of this Part; or

(3) Levels of radiation or concentrations of radioactive material in an unrestricted area in excess of 10 times any applicable limit set forth in this Part, in the license, or in the permit (whether or not involving exposure of any individual in excess of the limits in section 380-5.1 of this Part); or

(4) For licensees subject to the provisions of the U.S. Environmental Protection Agency's generally applicable environmental radiation standards in 40 CFR Part 190, levels of radiation or discharges of radioactive material in excess of those standards, or of the license or permit conditions related to those standards [see section 380-1.6 of this Part].

(b) Contents of reports. Each report required by subdivision (a) of this section must describe the extent of exposure of individuals to radiation and radioactive material. The reports must include the following:

(1) A description of the event, including the probable cause and the manufacture and model number (if applicable) of any equipment that failed or malfunctioned; and

(2) The exact location of the event; and

(3) The isotopes, quantities, and chemical, physical, and biological form of the licensed material involved; and

(4) Date and time of the event; and

(5) Corrective actions taken or planned to ensure against a recurrence, including the schedule for achieving conformance with applicable limits, generally applicable environmental standards, and associated license or permit conditions, and the results of any evaluations or assessments; and

(6) The extent of exposure of individuals to radiation or to radioactive material without identification of individuals by name.

(c) All persons who make reports under subdivision (a) of this section shall submit the report in writing to the New York State Department of Environmental Conservation, Bureau of Radiation, Division of Hazardous Substances Regulation, 50 Wolf Road, Albany, New York 12233-7255.