Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 120.000 - The Control of Radiation
QUALITY ASSURANCE
Section 120.829 - Standards for Issuance of a License
Current through Register 1531, September 27, 2024
A facility license may be issued by the Department, following action of the Secretary of Environmental Affairs on a final environmental impact report pursuant to M.G.L. c. 111H, § 30 and M.G.L. c. 30, § 62C, if it finds that:
(A) The issuance of the license will not constitute an unreasonable risk to the health and safety of the public;
(B) The Operator is qualified by reason of training and experience to carry out the proposed treatment, storage, or disposal operations in a manner that protects health and minimizes danger to life or property;
(C) The Operator's proposed facility design, environmental monitoring plan, equipment, operations, procedures, facility closure, post-closure observation and maintenance and institutional control are adequate to protect the public health and safety and demonstrate that the performance objectives set forth in 105 CMR 120.811 through 120.814 will be satisfied;
(D) The Operator has demonstrated that the applicable technical requirements of 105 CMR 120.800 will be met;
(E) The Operator's proposal for institutional control demonstrates that such control will be provided for a length of time not less than the minimum time required for any waste present at the site to decay to the maximum concentrations above natural background levels permitted to be released into air or water in unrestricted areas under federal and state law, and that the institutional control meets the requirements of 105 CMR 120.871;
(F) The financial and surety arrangements comply with all the financial criteria for operator certification set forth in 345 CMR 3.12; and
(G) The Operator has provided a written statement indicating that the Operator's proposed facility design, equipment, operations procedures, closure, post-closure observation and maintenance, and institutional control meet all applicable environmental, public health, labor, occupational health and safety standards and regulations.