Current through Rules and Regulations filed through December 18, 2024
(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 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.
Ga. L. 1964, p. 449,
p. 566, as amended, particularly as amended by Ga. L. 1976, p. 1567, et. seq.,
at p. 1570, as amended, and Ga. L. 1972, p. 1015, et. seq., as
amended.