Current through all regulations passed and filed through March 18, 2024
(A) The land owner or custodial agency shall
conduct an institutional control program to physically control access to the
disposal site following transfer of control of the disposal site from the
disposal site operator. The institutional control program shall also include,
but not be limited to, conducting an environmental monitoring program at the
disposal site, periodic surveillance, minor custodial care, and other
requirements as determined by the department; and administration of funds to
cover the costs for these activities. The period of institutional controls will
be determined by the department, but institutional controls may not be relied
upon for more than one hundred years following transfer of control of the
disposal site to the owner.
(B)
The performance objectives for the general requirements of a land disposal
facility are to ensure public health and safety. Land disposal facilities shall
be sited, designed, operated, closed, and controlled after closure to provide
reasonable assurance that the following performance objectives will be met.
(1) Concentrations of radioactive material
which may be released to the general environment in ground water, surface
water, air, soil, plants, or animals must not result in an annual dose
exceeding the equivalent of 0.25 millisievert (twenty-five millirem) to the
whole body, 0.75 millisievert (seventy-five millirem) to the thyroid, or 0.25
millisievert (twenty-five millirem) to any other organ to any member of the
public. Reasonable effort should be made to maintain releases of radioactivity
in effluents to the general environment as low as is reasonably achievable.
(2) The design, operation and
closure of the land disposal facility shall ensure protection of any individual
inadvertently intruding into the disposal site and occupying the site or
contacting the waste at any time after institutional controls over the disposal
site are removed.
(3) Operations
at the land disposal facility shall be conducted in compliance with the
standards for radiation protection as set out in Chapter 3701:1-38 of the
Administrative Code, except for those releases of radioactivity in effluents
from the land disposal facility, which shall be governed by paragraph (B)(1) of
this rule. Every reasonable effort should be made to maintain radiation
exposures as low as is reasonably achievable.
(4) The disposal facility shall be sited,
designed, used, operated, and closed to achieve long-term stability of the
disposal site and to eliminate, to the extent practical, the need for ongoing
active maintenance of the disposal site after closure so that only
surveillance, monitoring, or minor custodial care are required.
(5) The licensee shall develop and implement
security measures to protect against and to detect unauthorized access to
radioactive material or safety and security systems from external as well as
internal threats. The licensee shall perform periodic inspections to ensure
that all radioactive material is accounted for and that safety and security
systems are operating as designed. The licensee shall report any deficiency
involving the radioactive material inventory or a safety and security system to
the department.
(6) The
radioactive waste and its containers shall be protected from adverse
environmental conditions including, but not limited to, temperature changes
that could compromise the isolation of the waste from the biosphere.
(7) The licensee shall use standard
engineering designs and procedural practices to maintain doses to people, and
radionuclide releases to the environment, as low as reasonably achievable.
(C) The operation of
the disposal facility shall incorporate the following items.
(1) Wastes designated as Class A pursuant to
paragraph (A) of rule
3701:1-54-10
of the Administrative Code shall be segregated from other wastes by placing in
disposal units which are sufficiently separated from disposal units for the
other waste classes so that any interaction between Class A wastes and other
wastes will not result in the failure to meet the performance objectives of
this rule. This segregation is not necessary for Class A wastes if they meet
the stability requirements of in paragraph (B) of rule
3701:1-54-10
of the Administrative Code.
(2)
Wastes designated as Class C pursuant to paragraph (A) of rule
3701:1-54-10
of the Administrative Code, shall be disposed of with intruder barriers that
are designed to protect against an inadvertent intrusion for at least five
hundred years.
(3) Only waste
classified as Class A, B, or C pursuant to rule
3701:1-54-10
of the Administrative Code, shall be acceptable for land disposal. All waste
shall be disposed of in accordance with requirements of paragraphs (C)(4) to
(C)(11) of this rule.
(4) Waste
shall be packaged in appropriate containers for disposal when applicable.
Wastes shall be emplaced in a manner that maintains the package integrity
during emplacement, minimizes void spaces between packages, and permits the
void spaces to be filled.
(5) Void
spaces between packages shall be filled as needed to reduce future subsidence
within the fill.
(6) Waste shall
be placed and covered in a manner that limits the radiation dose rate at the
surface of the cover to levels that at a minimum will permit the licensee to
comply with all provisions of rule
3701:1-38-13
of the Administrative Code at the time the license is transferred pursuant to
paragraph (H) of rule
3701:1-54-07
of the Administrative Code.
(7)
The boundaries and locations of each disposal unit shall be accurately located
and mapped by means of a land survey. Disposal units shall be marked in such a
way that the boundaries of each unit can be easily defined. Three permanent
survey marker control points shall be established on the site to facilitate
surveys.
(8) A buffer zone of land
shall be maintained between any disposed waste and the disposal site boundary
and beneath the disposed waste. The buffer zone shall be of adequate dimensions
to carry out environmental monitoring activities specified in paragraph (E) of
rule
3701:1-54-09
of the Administrative Code and to take mitigative measures if needed.
(9) Closure and stabilization
measures as set forth in the approved site closure plan shall be carried out as
each disposal unit is filled and covered.
(10) Active waste disposal operations shall
not have an adverse effect on completed closure and stabilization measures.
(11) Only wastes containing or
contaminated with radioactive material shall be disposed of at the disposal
site.
(12) Proposals for disposal
of waste that is not acceptable for land disposal because the waste form and
disposal methods must be different and, in general, more stringent than those
specified for Class C waste, may be submitted to the department for approval.
(D) Each licensee shall
perform, or permit the department to perform, any tests the department deems
appropriate or necessary for the administration of the regulations in rules
3701:1-54-06
to
3701:1-54-12
of the Administrative Code, including, but not limited to, tests of:
(1) Wastes, including physical form;
(2) Facilities used for the
receipt, storage, treatment, handling or disposal of wastes;
(3) Radiation detection and monitoring
instruments;
(4) Other equipment
and devices used in connection with the receipt, possession, handling,
treatment, storage, or disposal of waste; or
(5) Environmental sampling or testing.
(E) The licensee shall
comply with the quality assurance requirements identified in rule
3701:1-54-04 of
the Administrative Code.
(F) The
licensee shall make land disposal facilities available for inspections as
follows:
(1) Each licensee shall afford to
the department at all reasonable times opportunity to inspect waste not yet
disposed of, and the premises, equipment, operations, and facilities in which
wastes are received, possessed, handled, treated, stored, or disposed.
(2) Each licensee shall make
available to the department for inspection, upon reasonable notice, records
kept by it pursuant to these regulations. Authorized representatives of the
department may copy and take away copies of, for the department's use, any
record required to be kept pursuant to this chapter.
Five Year Review (FYR) Dates:
05/01/2015 and
05/01/2020
Promulgated
Under: 119.03
Statutory
Authority: 3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 2/6/2006