Current through Register Vol. 50, No. 3, March 20, 2024
A.
Unless otherwise exempted in accordance with LAC 33:XV.1404, persons receiving
NORM waste from other persons for storage, disposal, or processing, or persons
who process NORM for other persons at temporary job sites shall be specifically
licensed in accordance with the requirements of this Section. Persons who are
authorized to treat or dispose of NORM waste and/or waste containing NORM in
accordance with §1412.B.2 shall submit an application for a specific license
pursuant to §1410.C within 365 days of the effective date of this
rule.
B. Persons conducting
deliberate operations to decontaminate the following shall be specifically
licensed in accordance with the requirements of this Section:
1. buildings and structures owned, possessed,
or controlled by other persons and contaminated with NORM in excess of the
levels set forth in LAC 33:XV.1421; or
2. equipment or land owned, possessed, or
controlled by other persons and not otherwise exempted under the provisions of
LAC 33:XV.1404.
C. Filing
Application for Specific Licenses
1.
Applications for specific licenses shall be filed on forms DRC-11 and
DRC-13.
2. The department may at
any time after the filing of the original application, and before the
expiration of the license, require further information in order to determine
whether the application should be granted or denied, or whether a license
should be modified or revoked.
3.
Each application shall be signed by the applicant or licensee, or a person duly
authorized to act for and on the licensee's behalf.
4. A license application may include a
request for a license authorizing one or more activities.
5. Applications and documents submitted to
the department may be made available for public inspection. The department may,
however, withhold any document or part thereof from public inspection in
accordance with LAC 33:I.Chapter 5.
6. Each application for a specific license
shall be accompanied by the fee prescribed in LAC
33:XV.2599.
D.
Requirements for the Issuance of Specific Licenses
1. A license application will be approved if
the department determines that:
a. the
applicant is qualified by reason of training and experience to handle the
material or waste in question for the purpose requested, according to this
Section, and in a manner that minimizes danger to public health and safety,
property, and the environment;
b.
the applicant's proposed buildings, structures, equipment, and procedures are
adequate to minimize danger to public health and safety, property, and the
environment;
c. the issuance of the
license will not adversely affect the health and safety of the
public;
d. the applicant has met
the financial security requirements of LAC 33:XV.1420;
e. the applicant satisfies any applicable
special requirements in Sections D.2 and D.3.
2. An application for a specific license to
decontaminate equipment or land not otherwise exempted under the provisions of
LAC 33:XV.1404 or buildings and structures contaminated with NORM in excess of
the levels set forth in LAC 33:XV.1421, as applicable, will be approved if:
a. the applicant satisfies the requirements
specified in LAC 33:XV.1410.D.1; and
b. the applicant has adequately addressed the
following items in the application:
i.
procedures and equipment for monitoring and protection of workers;
ii. an evaluation of the radiation levels and
concentrations of contamination expected during normal operations;
iii. operating and emergency procedures;
and
iv. a method of managing the
NORM waste removed from contaminated equipment, buildings, structures, and land
for disposal or storage.
3. An application for a specific license for
persons who receive NORM waste from other persons for processing or disposal,
or persons who process NORM for other persons at temporary job sites in
accordance with LAC 33:XV.1410.A will be approved if:
a. the applicant satisfies the requirements
specified in LAC 33:XV.1410.D.1; and
b. the applicant has adequately addressed the
following items in the application:
i.
procedures and equipment for monitoring and protection of workers;
ii. an evaluation of the radiation levels and
concentrations of contamination expected during normal operations;
and
iii. operating and emergency
procedures; and
c.
additionally, the applicant has adequately addressed the following items in the
application if the applicant is a disposal facility:
i. the identity and activity of the
radioisotopes received;
ii.
procedures for groundwater and stormwater analytical testing;
iii. procedures for addressing results of
groundwater and stormwater analytical testing that exceed LAC 33:XV.499 Table
II;
iv. procedures for safely
receiving the waste and on-site storage of the waste.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 et seq. and
2104.B.