Current through Register Vol. 24-18, September 15, 2024
(1) Each
generator and each broker of radioactive waste shall:
(a) Possess an active valid, and unencumbered
site use permit prior to the shipment of such waste to, or the disposal of such
waste at any commercial disposal facility in the state of Washington.
(b) Renew the site use permit annually to
maintain the permit in active status.
(2) If a generator or broker does not renew
the permit:
(a) The department shall place the
permit in inactive status; and
(b)
The generator or broker shall pay a reinstatement fee in addition to the annual
site use permit fee as required in WAC
246-254-165.
(3) Each generator and each broker of
radioactive waste shall:
(a) Pay the site use
permit fees required in WAC
246-254-165;
(b) Submit a completed application for a site
use permit to the department on a form provided by the department;
(c) Ensure that each application is signed by
the individual broker or generator or by an individual authorized to sign on
behalf of the entity generating or brokering the waste; and
(d) Submit the application for site use
permit renewal a minimum of four weeks prior to the expiration date of the
permit.
(4) Number of
permits required by each generator.
(a)
Generators who own multiple facilities may apply for one site use permit
provided:
(i) All facilities are within the
same state; and
(ii) The generator
has identified a single contact person who is responsible for responding to the
department on matters pertaining to waste shipments for all of the
facilities.
(b)
Generators who own multiple facilities shall apply for separate site use
permits for each facility when:
(i) The
facilities are located in different states; or
(ii) The generator has identified different
contact persons for each facility who are responsible for responding to the
department on matters pertaining to waste shipments.
(c) When a facility both generates and
brokers waste, each generator and broker shall possess separate generator and
broker site use permits.
(5) Each broker shall:
(a) Ensure a generator of waste has an
active, valid, and unencumbered site use permit prior to shipment of waste for
disposal;
(b) Ensure the waste will
arrive at the disposal facility prior to the expiration date of the generator's
site use permit;
(c) Ensure all
radioactive waste contained within a shipment accepted for disposal at any
commercial radioactive waste disposal facility in the state of Washington is
traceable to the original generators and states, regardless of whether the
waste is shipped directly from the point of generation to the disposal facility
or shipped through a licensed service facility, such as a facility for
recycling, processing, compacting, incinerating, collecting, or brokering
waste; and
(d) As consignor,
assumes co-responsibility with a generator for all aspects of that generator's
waste until it can be documented to the department's satisfaction that the
broker's sphere of responsibility was limited.
(6) Any generator or broker shipping waste
for disposal at the commercial low-level radioactive waste disposal site that
was originally generated in the Rocky Mountain compact region shall attach to
the shipping manifest and provide to the disposal site operator a copy of the
letter granting approval to export waste from the Rocky Mountain compact
region.
(7) Suspension or
revocation of permit.
(a) The department may
suspend the site use permit of the responsible generator, or broker, or both
the generator and broker if one or more packages in a shipment of waste does
not meet one or more of the requirements of the license issued to the
commercial low-level radioactive waste disposal site operator, Title 246 WAC,
NRC regulations, DOT regulations, or the conditions of the disposal site
operator's radioactive materials license.
(b) The site use permit of a generator or
broker may be suspended or revoked if any other licensed commercial low-level
radioactive waste disposal site in the United States has refused to accept
waste from that generator or broker.
(c) A suspended site use permit may be
reinstated provided:
(i) The generator or
broker whose permit has been suspended submits a quality assurance procedure
designed to correct previous problems and to achieve and maintain compliance
with all applicable requirements; and
(ii) A point-of-origin inspection by the
state of Washington of the waste management activities of the generator or
broker whose permit has been suspended, indicated compliance with all
applicable requirements and regulations.
(8) Additional generator and broker
requirements. Permittees shall provide additional information as requested by
the department for the safe management of radioactive waste in the state of
Washington.
Statutory Authority:
Chapter
70.98 RCW. 95-13-094,
§ 246-249-020, filed 6/21/95, effective 7/22/95. Statutory Authority:
RCW
70.98.050 and
70.98.080. 91-16-109 (Order 187),
§ 246-249-020, filed 8/7/91, effective 9/7/91. Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-249-020, filed 12/27/90, effective 1/31/91. Statutory Authority:
RCW
70.98.080. 87-01-031 (Order 2450), §
402-62-030, filed 12/11/86.
