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Subpart 380.4: Waste Disposal

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

[Effective February 2, 2002]

[page 1 of 1]



§380-4.1 General Disposal Requirements.

(a) No person shall dispose of radioactive material subject to this Part, except by:

(1) Transfer to an authorized recipient pursuant to 10 NYCRR Part 16, 12 NYCRR Part 38, Article 175 of the New York City Health Code, or 10 CFR Part 20 [see section 380-1.6 of this Part]; or

(2) Decay in storage, where the storage is authorized by and in conformance with relevant requirements of state and federal law; or

(3) Disposal or discharge to the environment in accordance with this Part; or

(4) Disposal at a land disposal facility permitted pursuant to Part 383 of this Title, licensed by an agreement state or the U.S. Nuclear Regulatory Commission, or operated by the U.S. Department of Energy.

(b) There shall be no land disposal of radioactive material subject to this Part except as authorized pursuant to this Part and any other applicable provisions of this Title.

§380-4.2 Disposal by release into sanitary sewerage.

(a) Licensed material may be released into sanitary sewerage if each of the following conditions is satisfied:

(1) The material is:

(i) Readily soluble in water; or

(ii) Biological material that is readily dispersible in water; and

(2) The quantity of licensed or other radioactive material released into the sewer in 1 month divided by the average monthly volume of water released into the sewer does not exceed the concentration listed in Table III of Subpart 380-11 of this Part; and

(3) If more than one radionuclide is released, the following conditions must also be satisfied:

(i) The fraction of the limit in Table III of Subpart 380-11 of this Part represented by discharges into sanitary sewerage shall be determined by dividing the actual monthly average concentration of each radionuclide released into the sewer by the concentration of that radionuclide listed in Table III of Subpart 380-11 of this Part; and

(ii) The sum of the fractions for each radionuclide required by paragraph (a)(3)(i) of this section does not exceed unity; and

(4) The total quantity of licensed and other radioactive material released into the sanitary sewerage system in a year does not exceed 5 curies (185 GBq) of hydrogen-3, 1 curie (37 GBq) of carbon-14, and 1 curie (37 GBq) of all other radioactive materials combined.

(b) Excreta from individuals undergoing medical diagnosis or therapy with radioactive material is not subject to the limitations contained in paragraph (a) of this section.

(c) The department may impose additional restrictions on the release of licensed material into sanitary sewerage in order to minimize or avoid adverse environmental impacts if:

(1) the material is found to precipitate in the sewage treatment plant sludge; or

(2) the sludge is incinerated, and the material is found to concentrate in the ash.

§380-4.3 Disposal of specific wastes.

(a) The following licensed material may be disposed of without regard to its radioactivity, but must be disposed of in accordance with any other applicable provisions of the ECL:

(1) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of medium used for liquid scintillation counting; and

(2) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of animal tissue, averaged over the weight of the entire animal.

(b) Tissue disposed of under paragraph (a) of this section shall not be disposed of in a manner that would permit its use either as food for humans or as animal feed.

(c) Records shall be maintained in accordance with section 380-8.5 of this Part.

§380-4.4 Compliance with environmental and health protection regulations.

Nothing in this subpart relieves any person subject to this Part from complying with other applicable Federal, State, and local regulations governing any other toxic or hazardous properties of materials that may be disposed of under this subpart.