N.Y. Comp. Codes R. & Regs. tit. 6 § 382.21

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

Section 382.21 - Siting criteria applicable to all disposal methods

Any site used for a land disposal facility must meet the requirements of this section.

(a) General.

(1) The site must not be located at the Western New York Nuclear Service Center in West Valley, NY.

(2) The site must be capable of being licensed and permitted under all applicable State and Federal laws.

(3) The primary emphasis in disposal site suitability must be given to isolation of wastes, a matter having long-term impacts, and to disposal site features that ensure that the performance objectives of sections 382.10 -382.15 of this Part are met as opposed to short-term convenience or benefits.

(4) The site and the associated hydrology, geologic formations and groundwater flow systems affecting land disposal facility performance must be capable of being defensibly characterized, modeled, analyzed and monitored.

(5) The site must include a buffer zone which must be maintained until the end of the institutional control period and of sufficient extent, considering the proposed method or methods of disposals:

(i) to contain a redundant monitoring system capable of detecting the failure of the disposal units and to allow for any necessary mitigation or remediation;

(ii) to enable the permittee to maintain the security of the site;

(iii) to contribute to a desirable land disposal facility appearance; and

(iv) to meet the performance objectives of sections 382.10 -382.15 of this Part.

(6) Any site to be used for disposal of mixed low-level radioactive and hazardous wastes must be capable of meeting the applicable provisions of article 27 of the ECL and regulations promulgated pursuant thereto.

(7) The site must not be located where currently existing radioactive material, including but not limited to naturally occurring radioactive material, may mask the monitoring program.

(b) Surface waters and hydrology.

(1) The disposal units must not be located downstream of a dam or other man-made or natural structure where failure of such structure could adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10 -382.15 of this Part.

(2) The site must not be located where potential adverse effects on surface water quality could result in contravention of water quality standards or an impairment of the best intended usage as specified in Parts 701 and 702 of this Title.

(c) Mineral and exploitable resources.

(1) The site must not be located in an area where past, present or future exploration or exploitation of natural resources could adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10 -382.15 of this Part.

(2) The site must not be located where existing mined openings and/or boreholes could adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10 -382.15 of this Part or could prevent reliable modeling or analyses.

(d) Geology, soils and hydrogeology.

(1) The present and projects geologic and hydrogeologic setting of the site, including the effects of construction, must be compatible with the waste disposal method.

(2) The site geology, soils and hydrogeology must have characteristics and properties which will retard the movement of radionuclides,.

(3) The site must not be located where potential adverse effects on groundwater could result in contravention of groundwater quality standards or an impairment of the best intended usage as specified in Parts 701, 702 and 703 of this Title.

(4) The regional groundwater flow systems must provide a sufficiently long pathway and slow transit time from the land disposal facility to the discharge area to ensure that the performance objectives of sections 382.10 -382.15 of this Part are met.

(5) The hydrogeologic unit on or within which waste is disposed must not discharge groundwater to the surface within the disposal site.

(e) Seismic risk. The site must not be located in an area where tectonic processes such as faulting, folding, seismic activity or vulcanism may occur with such frequency and extent as to affect the ability of the disposal site to meet the performance objectives of sections 382.10 -382.15 of this Part, or as to preclude defensible modeling and prediction of long-term impacts.

(f) Population, land use and ownership.

(1) The site must not be located where present and projected effects from population growth and other developments, including but not necessarily limited to residential, industrial, military, recreational, commercial and institutional developments, may have the potential to adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10 -382.15 of this Part or mask the environmental monitoring program.

(2) The site must be located on real property to which the State of New York can obtain title in fee or any interest therein, as may be necessary.

(3) The site must be located, based on a consideration of population density in the vicinity of the site, to keep the potential population dose as low as reasonably achievable.

(4) No part of the site shall be located within any village, town, city or unincorporated area having an average population density of more than 1,000 individuals per square mile, as determined from the results of the 1980 decennial count of the U.S. Census or more recent census of the United States, New York State, or any political subdivision thereof.

(5) The site must be of sufficient size to ensure the performance objectives of sections 382.10 -32.15 of this Part can be met.

(6) The site must not be located on any lands or reservations of Indian tribes or nations or on lands that are not subject to the laws and regulations of the State of New York, including but not limited to lands owned by the Federal government.

(g) Traffic and transportation. The condition of existing highways and rail lines likely to be used as routes to transport wastes to the site must be adequate, or capable of being made adequate, to meet applicable State and Federal laws and regulations and to minimize risks to the public associated with transportation accidents.

(h) Cultural, recreational and natural resources.

(1) The site must not be located on real property owned in fee by the Federal, State or municipal governments, or in which such governments have a lesser interest, where the alienation or use of such property is restricted by constitutional provision or statute, including but not limited to property which is:

(i) protected by article 14 of the Constitution of the State of New York;

(ii) all or part of any national wildlife refuge established pursuant to the National Wildlife Refuge System, 16 USC 668dd and 668ee (see section 382.99 of this Part);

(iii) a State wildlife management area, game refuge, fish hatchery, game farm, or any part of these, or property in which the State has an interest under the fishing access or other public access program established pursuant to article 11 or 13 of the ECL;

(iv) acquired with the assistance of Federal funding pursuant to the Dingell-Johnson Fish Restoration Act, 16 USC 777 - 777i and 777k or the Pittman-Robertson Act, 16 USC 669 - 669i (see section 382.99 of this Part);

(v) all or any part of any migratory bird reservation established pursuant to the Migratory Bird Conservation Act, 16 USC 715 (see section 382.99 of this Part);

(vi) reforestation area or part thereof established pursuant to article 9, title 5 of the ECL;

(vii) dedicated to or acquired for the purpose of being dedicated to the State Nature and Historical Preserve pursuant to ECL article 45, State Nature and Historical Preserve Act;

(viii) part of the National Wilderness Preservation System pursuant to title 16, chapter 23, of the United States Code (see section 382.99 of this Part); and

(ix) wetlands acquired or restored in part or in whole with State moneys pursuant to ECL, article 51 or 52, or other statutory provision.

(2) The disposal site must not be located on real property where the alienation or use of such property is restricted by Federal or State statute, including but not limited to property which is:

(i) listed, nominated or eligible for listing in the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 USC 470 et seq. (see section 382.99 of this Part), or the State Register of Historic Places pursuant to article 14 of the Parks, Recreation and Historic Preservation Law; and

(ii) subject to the State Wild, Scenic and Recreational Rivers System pursuant to ECL article 15, title 27; or the National Wild and Scenic Rivers System, pursuant to the Wild and Scenic Rivers Act, 16 USC 1271 et seq. (see section 382.99 of this Part).

(3) The site must not be located on real property which is within the Adirondack or Catskill Parks, as defined in ECL section 9-0101(1) and (2), respectively.

(4) No part of the site may be located on real property which is within any National or State Park.

(5) No part of the site may be located on real property which is within any municipal park established as of December 31, 1987, or within any addition thereto.

(6) The site must be located to minimize adverse impacts on agricultural lands and agricultural operations. The site must be located to minimize adverse impacts on agricultural districts, in accordance with the provisions of article 25-AA of the Agriculture and Markets Law. The site must not contain more than five acres of lands in active agricultural use in mineral soil groups 1-4 as classified by the New York State Land Classification System, established by 1 NYCRR Part 370.

(7) The site must not be located in the critical habitat of any endangered or threatened species as determined pursuant to title 16 of chapter 35 of the United States Code (see section 382.99 of this Part), or in an essential habitat, as determined by the department, of a species which is designated as endangered or threatened pursuant to article 11 of the ECL, or designated as a species of special concern in Part 182 of this Title. An essential habitat does not include incidental areas passed in migration, other areas of casual use, or potential habitat.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 382.21