N.Y. Comp. Codes R. & Regs. tit. 6 § 381.8

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

Section 381.8 - Permit application procedures

(a) General.

(1) Any person who requires a permit, pursuant to this Part, for the collection, removal, transport or transfer of low-level radioactive waste, or for transfer incidental to transport or storage incidental to transport, must apply for the permit in accordance with this Part and Part 621 of this Title.

(2) Applications must be completed and submitted on forms prescribed by the department and must indicate:

(i) the type of low-level radioactive waste involved;

(ii) vehicles that the applicant will use;

(iii) any transfer or storage facilities the applicant will use (except where such transfer or storage is incidental to transport); and

(iv) the place or places where and the manner in which the applicant will finally treat, store or dispose of the collected waste.

(3) The application shall also contain such analyses, plans, reports, fees, insurance certificates and other data as the department may require.

(4) The applicant must not indicate on their permit application a low-level radioactive waste disposal site, waste processor or waste collector that is not licensed or authorized by the U.S. NRC or by an agreement state at the time of permit application submittal.

(5) The department may require inspection of transport vehicles at reasonable times and places as a condition of application approval, permit renewal or as a demonstration of compliance with the ECL at reasonable intervals during the permit year.

(b) Variances.

(1) The department may, upon written application from any person who is subject to this Part, grant a variance from one or more specific provisions of this Part, consistent with this subdivision.

(2) Any application for a variance hereunder must:

(i) identify the specific provisions of this Part from which a variance is sought;

(ii) demonstrate that compliance with the identified provisions would, on the basis of conditions unique and peculiar to the applicant's particular situation, impose a substantial financial, technological or safety burden on the applicant or the public; and

(iii) demonstrate that the proposed activity will have no significant adverse impact on public health, safety or welfare, the environment or natural resources, and will be consistent with the provisions of the ECL, the purpose of this Part and the performance expected from applications of this Part.

(3) In granting any variance hereunder, the department may impose specific conditions reasonably necessary to assure that the subject activity will have no significant adverse impact on public health, safety or welfare, the environment or natural resources.

(4) Requests for variances should be sent to the New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625 Broadway, Albany, NY 12233-7250. Requests for variances will be considered on a case-by-case basis.

(c) Renewals. Applications for permit renewals must be received by the department at least 30 days in advance of the expiration date of the existing permit.

(d) Emergency permits.

(1) The department, upon determining that a situation exists which poses an immediate threat to the environment or public health and safety, may issue an emergency low-level radioactive waste transporter permit for the transport of regulated low- level radioactive wastes caused by or resulting from the emergency situation, to a specific authorized treatment, storage or disposal facility. All terms of the emergency permit must be specific to the emergency situation and limited in scope and duration.

(2) Any transporter requesting an emergency permit must submit to an authorized department representative:

(i) transporter's name and New York State transporter permit number;

(ii) vehicle license number;

(iii) state of vehicle registration;

(iv) low-level radioactive waste type and quantity;

(v) nature and location of emergency; and

(vi) authorized disposal facility name and address.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.8