N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 380-10.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 380-10.2 - Enforcement and inspection and access to records

(a) Enforcement.

(1) Every person who disposes of or releases radioactive material within the State, or whose loss of control of radioactive material results or may result in the disposal or uncontrolled release of such material to the environment is subject to every applicable requirement identified in this Part, unless the person demonstrates to the Department's satisfaction that the person is clearly exempt from regulation under, or from the requirement in question that is contained in, this Part.

(2) Without limitation to any other civil or criminal sanction that may be applicable, any person who violates any provision of, or fails to perform any duty imposed by this Part, or any term or condition of any permit issued pursuant to this Part, or any final determination or order of the Commissioner of the New York State Department of Environmental Conservation issued pursuant to any statutory authority under which this Part is promulgated, is subject to all applicable civil, administrative, and criminal sanctions set forth in ECL Article 71.

(b) Inspection and access to records.

(1) An authorized representative of the Department may enter any facility property or premises of any person where radioactive material is disposed of or released to the environment, during normal business hours or at any other time during which regulated actions are reasonably believed to be occurring, for the purpose of inspecting such facility, property or premises to determine compliance, subject to the limitations set forth in this subdivision. Such entry will be accomplished with the minimum disruption to operations at the facility.

(2) Inspections will be limited to areas or places where regulated actions are occurring or are reasonably believed to be occurring.

(3) All records required to be maintained under this Part must be furnished upon request, within a reasonable period of time specified by the Department. Inspections of records and documents required to be maintained under this Part will occur at the location where such records are maintained or at a reasonable time and place specified by the Department.

(4) Except as provided for in paragraph (5) of this subdivision, inspections will be limited in frequency, duration, and scope based on the following factors:

(i) potential environmental harm of the regulated activity;

(ii) complexity of the regulated activity and the time needed to determine compliance;

(iii) specific federal or State inspection mandates;

(iv) noncompliance history of the person or facility;

(v) existence or need for permits;

(vi) information received concerning noncompliance;

(vii) self-reported violations or releases that require a response by the Department; and

(viii) need to follow up previous inspections which uncovered noncompliance with additional inspections.

(5) Notwithstanding paragraph (4) of this subdivision, inspections by the Department may occur with greater frequency when:

(i) a permit or order authorizes more frequent inspection; and

(ii) the Department has a reasonable basis to determine inspection is warranted in order to make a compliance determination.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 380-10.2

Amended New York State Register April 25, 2018/Volume XL, Issue 17, eff. 5/10/2018