La. Admin. Code tit. 33 § XV-1410

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1410 - Specific Licenses

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.

La. Admin. Code tit. 33, § XV-1410

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Nuclear Energy Division, LR 15:736 (September 1989), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:605 (June 1992), LR 21:26 (January 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2599 (November 2000), LR 30:1189 (June 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2536 (October 2005), LR 33:2189 (October 2007), Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 481806 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and 2104.B.