| (a) Content of license application. An applicant for a license
to authorize possession of disposed radioactive material and subsequent decommissioning
of an inactive disposal site shall submit the information required in Chapter
305 of this title (relating to Consolidated Permits), and the following, using
the application form provided by the agency:
(1) information on the concentration and total activity of
each radionuclide disposed of, packaging of the wastes, the characteristics
of the disposal site (e.g., geological, hydrological, and topographical),
as-built disposal trench or landfill construction, final cover construction,
and depth of burial of wastes. This information shall be as complete and accurate
as possible based on the full extent of information available to the applicant
about the previous disposal activities;
(2) a description of any radiological monitoring performed
at the site and the resulting data;
(3) the technical qualifications and identity of personnel
responsible for radiation safety functions at the site;
(4) a description of the methods of restricting access to the
site (e.g., fencing) and any permanent site markers;
(5) information on land ownership and any covenants on land
use imposed by recorded title documents;
(6) a decommissioning plan that meets the standards in this
subchapter including an evaluation of the alternative of disposing of the
radioactive material at a licensed disposal facility;
(7) information regarding financial assurance for decommissioning
as provided for in §336.619 of this title (relating to Financial Assurance
for Decommissioning); and
(8) for license applications other than renewals, a description
of how facility design and procedures for operation minimize, to the extent
practicable, contamination of the facility and the environment, facilitate
eventual decommissioning, and minimize, to the extent practicable, the generation
of radioactive wastes.
(b) Content of application for renewal of license.
(1) An applicant for renewal of a license authorizing possession
of disposed radioactive material in an inactive disposal site or to decommission
an inactive disposal site shall submit information using the application form
provided by the agency on:
(A) the current conditions of the site (e.g., site stability
and any maintenance performed at the site);
(B) any radiological monitoring performed at the site by the
licensee and the resulting data;
(C) the methods of restricting access to the site;
(D) any changes in or additions to the procedures or information
contained in previous applications;
(E) the technical qualifications and identity of personnel
responsible for radiation safety functions at the site;
(F) a decommissioning plan that meets the standards in this
subchapter, if not previously submitted, including an evaluation of the alternative
of disposing of the radioactive material at a licensed disposal facility;
and
(G) financial assurance for decommissioning as provided for
in §336.619 of this title.
(2) The executive director may request additional information,
such as that required by subsection (a) of this section, if this information
was not previously provided for the site or is not current.
(c) Performance objectives. The applicant's submittal shall
include sufficient information to enable the executive director to assess
the potential hazard to public health and safety and to determine whether
the disposal site will have a significant impact on the environment. The executive
director shall evaluate existing inactive disposal sites on a case-by-case
basis and shall consider the following general criteria and performance objectives
in making the evaluation.
(1) Radiation exposure and release of radioactive materials
from a disposal site shall be maintained as low as is reasonably achievable.
Reasonable assurance must be provided that the potential dose to an individual
on or near the site will be within acceptable limits. The estimated committed
effective dose equivalent resulting from a radiological assessment of a site
will usually be the determining factor in the granting of authorization for
a disposal site. If the projected dose to a member of the public exceeds 25
millirems per year, the executive director shall consider other factors in
determining whether to grant authorization for the site, including, but not
limited to, the use of institutional controls to restrict access for a specified
period of time.
(2) The location and characteristics of a site shall be such
as to preclude potential offsite migration or transport of radioactive materials
or ready access to critical exposure pathways.
(3) The general topography of the disposal site shall be compatible
with its use for waste burial. As an example, surface features shall direct
surface water drainage away from the disposal site. Wastes must not be buried
in locations which, once covered, would tend to collect surface water. The
characteristics of the site shall minimize, to the extent practicable, the
potential for erosion and contact of percolating or standing water with wastes.
(4) Water-bearing strata shall be a minimum of ten feet below
the depth at which waste is buried.
(5) Waste shall be emplaced in a manner that minimizes the
void spaces between packages and permits the void spaces to be filled.
(6) Void spaces between waste packages shall be filled with
earth or other material to reduce future subsidence within the fill.
(7) Cover design shall minimize water infiltration to the extent
practicable, direct percolating or surface water away from the disposed waste,
and resist degradation by surface geologic processes and biotic activity.
(8) In general, a site authorized under this subchapter shall
be located, designed, operated, and closed so that long-term isolation and
custodial care for long-term stability would not be required beyond the time
the licensee can reasonably be expected to occupy the site. If a site does
not meet this objective, requirements for long-term care shall be evaluated.
(9) The location of a disposal site shall be compatible with
the uses of surrounding environs (both the applicant's and adjacent properties).
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