N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.9

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

Section 383-3.9 - Changes in facility design, construction, and operation

(a) Except as provided for by this section and section 383-3.12 of this Subpart or by specific conditions of the permit, the permittee must not make any changes to the land disposal facility or procedures as approved or modified by the department and incorporated as part of the permit.

(b) The permit will identify and restrict changes to those facility features and operating procedures that are important to the public health and safety and the environment. Those facility features and operating procedures will be categorized according to their importance for protection of the public health and safety, the environment, and the facility's ability to meet the performance objectives. They will be assigned to one of the following two groups:

(1) Group 1 - those features and procedures that provide or are integral to:

(i) the containment of waste in the disposal units;

(ii) emergency response; or

(iii) protection of inadvertent intruders.

These include design and construction of disposal units, the site drainage system, and inadvertent intrusion barriers, and procedures such as the emergency response plan, procedures for the placement of waste and any backfill in the disposal units, and waste inspection procedures.

(2) Group 2 - those features and procedures that provide or are integral to:

(i) detecting releases of radioactive material from the facility; or

(ii) maintaining site security.

These include such features as the design of the administration and security buildings, and procedures such as sampling and analysis procedures for the environmental monitoring program, data reporting formats, and visitor instruction procedures.

(c) Features and procedures in Group 1 must not be changed without a modification of the permit pursuant to section 383-3.12 of this Subpart.

(d) Features and procedures in Group 2 may be changed after the permittee provides 60 days prior written notice to the department. The notice must describe the proposed change in sufficient detail for department review as set forth in section 383-3.3(d) of this Subpart.

(e) Upon receiving notice of a proposed change in a Group 2 feature or procedure, the department may, within 30 days of receiving the notice, prohibit the permittee from effecting the change and direct the permittee to obtain a permit modification pursuant to section 383-3.12 of this Subpart, if the proposed change could have a significant effect on the ability of the facility to meet the performance objectives.

(f) Changes in facility features and operating procedures that are not in Group 1 or 2 must be reported to the department, in the monthly report required by section 383-13.3 of this Part. These changes include replacement of equipment in kind and changes in the operating hours of the public information center.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.9