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Subject 391-3-9 RADIOACTIVE WASTE MATERIAL DISPOSAL

Rule 391-3-9-.01 Authority

These Rules and Regulations governing the disposal, concentration and storage of radioactive waste material are adopted pursuant to the Georgia Radioactive Control Act, as amended, i.e., Ga. Laws 1964, p. 566, as amended, particularly as amended by Ga. Laws 1976, p. 1567 et seq., at p. 1570 all as amended (hereafter the "Act").

Rule 391-3-9-.02 Declaration of Policy

The Georgia Radiation Control Act, declares the policy of the Act to be, in part, to prevent any associated harmful effects of radiation upon the environment or the health and safety of the public through the institution and maintenance of a regulatory program for radioactive material waste sources. The policy is further declared to be, in part, to institute and maintain a program to allow development and utilization of sources of radiation for purposes that are consistent with the protection of the environment and health and safety of the public. These rules and regulations are in furtherance of the policy of the Act.

Rule 391-3-9-.03 Definitions

All terms used in these rules or regulations shall be interpreted in accordance with the definitions set forth in the "Georgia Radiation Control Act" as amended, or as herein defined:

(a) "Director" means the Director of the Division of the Environmental Protection Division of the Department of Natural Resources of the State of Georgia.
(b) "Division" means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia.
(c) "Facility" or "Site" means a radioactive waste material burial, storage, or concentration facility.
(d) "Site of Facility Boundary" means the boundary of that area surrounding a burial, storage, or concentration facility in which the permittee must have the authority to control all activities including exclusion or removal of personnel or property.
(e) "Financial Protection" means the ability to respond in money damages for public liability for damage to property or person, and to meet the cost of investigating and defending claims and settling suits for such damages.
(f) "Georgia Radiation Control Act" or "Act" whenever referred to in these Rule and Regulations means Ga. Laws 1964, p. 499, p. 566, as amended, particularly as amended by Ga. Laws 1976, pp. 1567, 1570, all as amended.
(g) "Person" means the State or any agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association, or any other entity, including any agency, department, or subagency or entity of the Federal Government, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation.
(h) "Burial Facility" means a structure, facility, or site where radioactive waste materials are permanently disposed of by implacement below the surface of the ground in a manner which indicates that removal or retrieval is not contemplated.
(i) "Concentration Facility" means a structure, facility, or site where radioactive waste materials are consolidated in such a manner that the volume, radioactivity per unit volume (or weight), physical form, or chemical content may be or is intended to be altered. Generally excluded are systems, components or operation at NRC or state licensed facilities which result in concentration of processed material where such concentration is a routine part of a licensed activity or licensed operation and not a disposal operation. Specifically excluded are systems at nuclear power generating stations and research reactors such as radwaste, spent fuel pool cleanup, reactor water cleanup, steam generator blowdown treatment, or similar auxiliary systems.
(j) "Storage Facility" means a structure, facility, or site where radioactive waste materials are held or disposed of in a manner which indicates that removal or retrieval is contemplated and does not include burial facilities. Generally excluded are licensed or nonwaste materials which are temporarily stored while awaiting further processing or operations where such storage is not a waste disposal activity. Specifically excluded are:
(i) any radioactive wastes generated in the State of Georgia which are stored for a period of not more than one year at an NRC or state licensed facility where such stored wastes are awaiting transfer to an authorized or licensed disposal facility, and (ii) any operating nuclear power electric generating station and operating nuclear test and research reactor spent fuel and new fuel storage facilities, where such fuel at said has been or is awaiting utilization in the State of Georgia.
(k) "Radioactive Waste Material" means any solid, liquid, or gas that emits ionizing radiation spontaneously (and includes not only by-product, source and special nuclear materials, but all other naturally-occurring or artificially produced radioactive material in whatever physical or chemical state or form) which is, by the nature of its form, content, or radiation characteristics, either not subject to constructive utilization, or which has no immediate or foreseeable use. Excluded from this definition are naturally-occurring radioactive waste material which are also hazardous wastes and which are regulated under authority of the Georgia Hazardous Waste Management Act.
(l) "Low-Level Radioactive Waste Material" means radioactive waste which does not exceed the limits specified in Title 10, Code of Federal Regulations, Part 20, Subpart 304 (a), as revised January 1, 1976.
(m) "Other Than Low-Level Radioactive Waste Material" means any radioactive waste in excess of the limits specified in Title 10, Code of Federal Regulations, Part 20, Subpart 304(a), as revised January 1, 1976.

Rule 391-3-9-.04 Findings of the Director

The Act provides that all facilities or sites for the concentration, storage or burial of radioactive waste must be constructed and operate pursuant to a permit issued by the Director of the Environmental Protection Division. It further provides that the Director may specify in the permit the conditions under which site or facility shall be operated. The Director, upon full consideration of the facts, including but not limited to storage, burial or concentration technology, geologic, hydrologic, environmental, ecological, meteorological factors, and the known impact of ionizing radiation from radioactive sources upon man and other fauna and flora, finds that:

(a) No demonstrated technology exists relevant to long term ( 100 years) or terminal disposal of high-level wastes involving actual emplacement in either deep geologic repositories or surface facilities.
(b) As of the effective date of these regulations there exists no tired or proven regulatory programs, which includes licensing, standards development, and inspection and enforcement, that is applicable to terminal disposal of high-level waste in geologic repositories.
(c) The adequacy of current interim ( 100 years) high-level storage systems to protect the health and safety of the public and the environment is questionable.
(d) Questions remain unanswered regarding the final chemical and physical form for high-level wastes emplaced in geologic repositories.
(e) Currently, no approved transport cask exists for shipment of high-level wastes.
(f) Several commercial radioactive waste disposal operations have ceased operations due in part to either moritoria or legal action regarding potential safety and environmental problems.

Rule 391-3-9-.05 Waste Disposal Moratorium

(1) Based upon the public policy of the Act, an evaluation of the current technology relevant to the disposal of "other than low-level radioactive waste material," considering past operating experiences at radioactive waste storage and burial facilities, and in view of the previous lack effective radioactive waste management policies and programs at the federal level and upon the above findings of the Director, it is the policy of the Director, subject to the provisions of Section (2) and (3) hereof, to recognize a moratorium on the permitting for construction or operation of certain facilities for the disposal of "other than low-level radioactive waste material." The said moratorium shall be applicable to those commercially operated, government operated, or government-contract operated facilities used for the purpose of storage, concentration, and burial of all radioactive waste except that in certain limited cases as may be determined by the Director, disposal of low-level radioactive wastes by burial will be permitted in accordance with the requirements in Section.06 below, provided that the total quantity of material buried in any year does not exceed the limits specified in Title 10 Code of Federal Regulations. Part 20, Subpart 304, dated January 1, 1976.
(2) Within 90 days of the effective date of these regulations, all existing radioactive waste material storage, concentration, and burial facilities not subject to the moratorium must submit an application for an operating permit to the Director. Included in the permit process are decommissioned NRC and State licensed radioactive material process facilities involving a decommissioning option where radiologically contaminated equipment and facilities are not dismantled and removed from the site to an authorized disposal facility, but remains in place in a deactivated state.
(3) Demonstration of Technology. Notwithstanding the findings of the Director contained in Rule (.04) above, and notwithstanding the policy of the Director as contained in Section (1) of this Rule (.05) any person may petition the Director for a reconsideration of the policy for operating "other than low-level radioactive waste material" disposal facilities within this State, and upon a demonstration by the petitioner to the satisfaction of the Director, that the findings of the Director concerning the non-availability of technology for the burial, storage, or concentration, of "other than low-level radioactive waste material" are no longer accurate and upon a demonstration of such technology, the Director will propose an amendment to Section (1) in accordance with the Georgia Administrative Procedure Act (Title 3A) and the Georgia Radiation Control Act.

Rule 391-3-9-.06 Radioactive Waste, Permit Requirements

(1) General.
(a) Activities Requiring Permit. No person shall construct or operate a facility for the concentration, storage or burial of radioactive waste materials without first obtaining a permit for such construction or operation from the Director authorizing such activity.
(b) Restriction and Conditions. Any permit issued shall specify the conditions under which the facility shall be constructed or operated. The Director may limit or restrict the type and quantity of radioactive waste material to be received or possessed by a concentration, storage, or burial facility if the Director determines that permitting receipt, possession or other activities involving such type and/or quantity of radioactive waste material would be inconsistent with the purposes and stated policy of the Act. The Director may also limit or restrict the receipt and/or possession of various types of radioactive waste materials at a concentration, storage, or burial facility, if such material exhibits additional hazard potential such as, but not limited to, explosive properties, pyrophoricity, or chemical toxicity.
(c) Applicable Non-Radiological Rules and Regulations. If other rules, regulations, or requirements enforced by the Division pertaining to Solid Waste Management under Ga. Code Chapter 43-16, as amended, Air Quality Control under "The Georgia Air Quality Act of 1978," Ga. Code Chapter 43-27, as amended; and Water Quality Control under Ga. Code Chapter 17-5, as amended, apply, such requirements may be incorporated as conditions in the permit required by this Rule (.06) in lieu of issuing separated permits under those authorities. If such requirements are incorporated in a permit under this rule then such permit shall also be considered as a permit issued under those authorities with respect to requirements so incorporated.
(d) Public Hearing. The Director shall issue a notice of public hearing and shall conduct a public hearing on any application for a permit pursuant to these rules and regulations.
(e) Prohibitions. Activities unrelated to the operation or construction of a facility shall not be allowed within the site boundary of said facility.
(2) Bonding and Financial Protection.
(a) Permittee shall post a surety bond payable to the State and shall have and maintain financial protection to cover possible public liability in amounts to be determined by the Director, based on such factors as, but not limited to, type of facility, proposed operations, location, proposed engineered control features, plans for eventual decommissioning or perpetual custody, the nature, amount and conditions of the radioactive waste material, and the degree of risk to the environment and public health and safety.
(b) Failure to comply with any permit requirements or conditions may results in forfeiture (by order of the Director) of all or part of the surety bond posted as is reasonable and appropriate to adequately protect the environment and public health and safety, or to reimburse or compensate the State for any necessary action it may be required to take to effectively protect the same.
(c) The Director is hereby authorized to take such action as may be reasonably necessary (including but not limited to, seeking injunctive or mandamus relief in Superior Court, or requesting the Governor to activate civil defense measures) to insure the adequate protection of the environment and the health and safety of the public, should the Director finds that, the permittee is violating any permit condition and is thereby creating a substantial risk of public harm and has failed or refused to take reasonable corrective action to avoid such risk within a reasonable time.
(d) Any order of the Director hereunder declaring bond forfeited shall be subject to review as provided in Section 17(a) of the executive Reorganization Act of 1972, Ga. Laws 1972, p. 1015, et. seq., as amended.
(e) Agencies or instrumentalities of the State shall not be subject to the bonding or financial protection requirement of this rule (.06)
(3) Permit.
(3) Permit Application. Applications for a permit to construct or operator a facility for the concentration, storage or burial of radioactive waste material shall be on forms as may be prescribed from time to time by the Director. Each application shall be supported and accompanied by documentation containing the following information:
1. Administrative Information:
(i) The full name, address, and citizenship of the applicant. If the applicant is a corporation or other entity indicate the State where it was incorporated or organized and the location of the principal offices and the citizenship of the principal officers.
(ii) Principal business or occupation of the applicant.
(iii) Financial information or statements of sufficient detail to demonstrate to the Director the financial capability of the applicant to carry out the activity for which a permit is sought including decommissioning if ever required.
(iv) A detail statement of the proposed activity for which the permit is requested.
(v) The identity and mailing address of adjacent property owners. Such information may be used by the Director for the purpose of notifying the identified property owner of the proposed activity and date, time, and place of public hearing.
(vi) Additional administrative information as shall be required by the Director to properly evaluate the proposed activity.
2. Technical Information:
(i) The type, quantities, and form of low-level radioactive waste material to be concentrated, stored or buried.
(ii) The technical qualifications, including experience and training, of the applicant and principal staff members to be engaged in the proposed activity.
(iii) A detailed description of the proposed facility with special emphasis placed on operating characteristics.
(iv) A detailed safety analysis of the facility and site on which the facility will be located.
(v) A discussion of relevant system design considerations including design criteria, basis for selection of design criteria and equipment specifications.
(vi) Information sufficient for the Director to determine that construction, fabrication, installation, testing or inspection of system and system components will be conducted in a manner consistent with protection of the public health, safety, and welfare.
(vii) A detailed plan discussing the proposed radiological monitoring program at the facility and in the environs about the facility.
(viii) Additional technical information as shall be required by the Director to evaluate the proposed activity.
3. Environmental Information:
(i) A description of the site to include site locations, area occupied by the site, specification and character of the site boundaries and location of any adjacent residential, industrial or recreational sites.
(ii) A discussion of the present and projected land and water use in the vicinity of the site.
(iii) An ecological survey report sufficient to described the fauna and flora in the vicinity of the site to include habitats and distributions.
(iv) A discussion of features/areas valued for their natural, cultural, scenic, architectural, historical and archeological significance which may be affected by the proposed activity.
(v) A discussion with supporting data of the geologic and seismic aspects of the site. The discussion shall include, but not limited to, such aspects as regional and site geology, seismicity, tectonic activity, surface faulting and stability of subsurface materials and foundations.
(vi) A meteorological description of the site and surrounding area. The description shall contain sufficient information to permit an independent evaluation of the atmospheric diffusion characteristics of the site.
(vii) A detailed description of the physical, chemical, biological, and hydrological characteristics, seasonal variation and historical ranges for surface and groundwater bodies in the vicinity of the site.
(viii) An assessment of the radiological impact on man and other local fauna and flora resulting from direct radiation and the release of radioactive material from the facility.
(ix) Additional environmental information as shall be required by the Director to properly evaluate the proposed activity.
(b) Permit Approval.
1. Construction Permit: The Director may issue a permit for the construction of a facility for the concentration, storage, or burial of low-level radioactive waste material provided that following a review and evaluation of the application for the proposed facility it is determined by the Director that the requirements of the Georgia Radiation Control Act, these rules and regulations and any other applicable rules and regulations enforced by the Division are met.
2. Operating Permit: Upon completion of the work for which a construction permit was issued, the Director may issue a permit for the operation of such facility provided that following post-construction review evaluation, and/or inspection by the Division staff, it is determined by the Director that the requirements of the Georgia Radiation Control Act, these rules and regulations and any other applicable rules and regulations enforced by the Division are met and that operation of the facility is consistent with protection of the public health, safety and welfare.
3. Permit Expiration, Renewal, Amendment: Any construction permit shall be terminated after 180 calendar days from the date of issuance if substantial construction operations have not been initiated. All operating permits issued shall be effective for a period not to exceed one year. Applications for permit renewal shall be submitted not later than 90 calendar days prior to the permit expiration date. A permittee may apply for permit amendment. Any application for a permit amendment shall be made in writing and shall identify those facets of the permit which the permittee desires amending and shall contain the basis for such request. The permittee shall not proceed with any actions described in the application without prior written approval of the Director.
4. Right of Permit Transfer: No permit issued pursuant to these rules and regulations shall be transferred, assigned or in any manner disposed of either voluntarily or involuntarily, directly or indirectly.
(4) Operations.
(a) Operation and Management. Operation and management of any concentration, storage, or burial facility shall be under the direct supervision and control of individuals qualified in such operation and management by training, education, and experience. Personnel engaged in the management and operation of the proposed facility shall possess qualifications equivalent to those prescribed in the American National Standards Institute document, ANSI NI8.1-1971, Selection and training of Nuclear Power Plant Personnel, except that the minimum education and experience requirements prescribed in ANSI NI8.1-1971 shall be applicable to facilities similar to the facility for which a permit is sought instead of a nuclear power plant.
(b) Records and Reports. Each permittee shall maintain such records and make such reports, in connection with the permitted activity, as may be required by the Director or by the permit conditions.
(c) Notification of incidents. Each permittee shall immediately notify the Director of any incident involving radioactive waste material possessed by him which may have caused or threatens to cause any of the following:
1. Exposure of the whole body of any individual situated at or within the site boundary to 1.25 rems or more of radiation; exposure of the skin of the whole body of any individual to 7.5 rems or more of radiation; or exposure of the feet, ankles, hands and forearms of any individual to 18 rems or more of radiation.
2. Exposure of the whole body of any individual situated outside the site boundary to levels of radiation in excess of ten percent (10%) of the levels specified in (1) above.
3. The release of radioactive materials (s) in concentrations which would result in an exposure to any internal organ of any individual situated at or within the site boundary to an annual average radiation dose of 15 rems or more.
4. The release of radioactive material(s) in concentrations which would result in an exposure to any internal organ of an individual situated outside the site boundary to an annual average radiation dose in exceeds of ten percent (10%) of the levels specified in (3) above.
5. A lost-time to any employee.
6. A loss of two or more days of the operation of any facility affected.
7. Damage to property in excess of $1000.
(d) Control of Radiation and Radioactive Waste Material. All activities necessary for the operation of the facility for the concentration, storage, and burial of low-level radioactive waste material shall be conducted in such a manner as to maintain radiation exposures to individuals and releases of radioactive material in both liquid effluents and airbourne emissions as low as reasonably achievable. From time to time, the Director shall issue numerical guidelines, for use as design objectives and limiting conditions for operation, to meet the as low as reasonably achievable criterion.
(e) Cessation of Operation, Decommissioning, Perpetual Custody. Upon permit termination or cessation of routine concentration, storage, or burial operations, the permittee shall be solely responsible for such activities as decommissioning, dismantling, perpetual custody, perpetual maintenance, and all related activities. A permittee considering such actions as voluntary cessation of routine operations, facility dismantling, decommissioning or activities related thereunto shall submit a written request to the Director describing the proposed action. Such notice shall be submitted at least 180 calendar days prior to the date on which the proposed actions are requested to become effective. The permittee shall not proceed with any actions described in the written request without the prior written approval of the Director. Bonds posted by the permittee shall be held, and public liability insurance shall continue until satisfactory action actions are taken to assure continued protection of the public health and safety and the environment. Bonds or parts thereof, may be subject to forfeiture as provided in Section (2) of this Rule (.06). Upon satisfactory termination of all activities the permittee may have hid bonding obligation ended.
(5) Inspection, Investigations and Tests.
(a) Inspections and Investigations. Each permittee shall afford to the Director, or his duly authorized representative(s), at all reasonable times the opportunity to investigate within the site boundaries any activities related to a facility for which a permit is issued or pending issuance, and to inspect radioactive material and related facilities for which a permit is issued or pending issuance.
(b) Tests. Each permittee shall perform or upon request of the Director allow the Director, or his duly authorized representatives(s) to perform, such test, monitoring, and evaluations as the Director deems necessary for the administration of these rules and regulations, and for the protection of the public health, safety and welfare.
(6) Enforcement. The administration and enforcement of these rules and regulations shall be in accordance with the Georgia Radiation Control Act and Section 17(a) of the Executive Reorganization Act of 1972, as amended.

Rule 391-3-9-.07 Effective Date

These Rules shall become effective on July 4, 1979.