6 CCR 1007-1
PART 11 : SPECIAL LAND OWNERSHIP REQUIREMENTS GENERAL PROVISIONS SPECIAL LAND OWNERSHIP REQUIREMENTS GENERAL PROVISIONS
11.1 Purpose.
The purpose of these regulations is to protect the public health, safety, and environment by establishing requirements for private ownership of sites used for the concentration, storage or disposal of radioactive materials in lieu of government ownership of such sites.
11.2 Scope.
These regulations apply to any application under RH 1.5.1 for an exemption from the land ownership requirements of § 25-11-103 (7), C. R. S., as amended, and are in addition to any appropriate requirements of Parts 3, 14 or 18 of these regulations. CONTROL REQUIREMENTS
11.3 Demonstration of Control.
Before any application under RH 1.5.1 for an exemption from the land ownership requirements of §25-11- 103 (7) may be granted, the applicant must demonstrate a degree of control of the site equivalent to that which would be achieved by government ownership of the site. At a minimum, the applicant shall be required to provide the following:
11.3.1 Financial Assurance.
Pursuant to Part 3 of these regulations, the licensee shall provide a long term care warranty.
11.3.2 Trust Agreement.
The licensee shall enter into a trust agreement with the department giving the department exclusive control over the licensee's long term care funds to enable the department to conduct long term care and maintenance of the site in the event the owner of the site is unable or unwilling to do so.
11.3.3 Institutional Control Program.
The licensee shall establish and, after completion of decommissioning and decontamination activities, conduct a Department approved institutional control program. The institutional control program shall include, but not be limited to: conducting an environmental monitoring program at the disposal site, periodic site surveillance, custodial care, and administration of funds to cover the costs for these activities.
11.3.4 Restrictive Covenants.
The applicant shall record with the county clerk and recorder in the county where the site is located Department-approved restrictive covenants providing for the following:
11.3.4.1 Except as necessary to maintain or repair the site, no construction or excavation of any kind shall be allowed;
11.3.4.2 No use shall be made of the property which may impair the site's ability to contain or control the waste.
11.3.4.3 Any change in the use of the property shall require the prior written approval of the Department.
11.3.4.4 Ownership of the property, and any interest in the property, shall not be conveyed without the prior written approval of the Department, and any conveyance shall have adequate and complete provision for the continued maintenance of the property and financial assurance warranties.
11.3.4.5 The owners shall erect and continuously maintain on the property at locations approved by the Department markers and monuments, approved by the Department, warning of the presence of radioactive materials.
11.3.4.6 The covenants shall run with the property and be binding upon the heirs, successors or assigns of the licensee.
11.3.4.7 The covenants shall inure to the benefit of, and shall be enforceable in a court of law by, the Department and the United States Nuclear Regulatory Commission and any successor agencies, as well by any other federal, state, or local government agency affected by any violations of the covenants.
11.3.5 Deed Annotations.
The licensee shall record with the county clerk and recorder an annotation to its deed to the property which shall include a description, by metes and bounds, of the locations where radioactive materials were disposed of, and a description of the types, form, and volumes of radioactive materials disposed of, and approximate time periods during which disposal of the wastes took place.
11.3.6 Easements.
The licensee shall grant to the Department and the United States Nuclear Regulatory Commission and their successor agencies an easement giving them and their designees the unlimited right to access the property for purposes of inspecting the property; determining compliance with restrictive covenants and applicable laws, regulations, permits, and licenses; taking samples and measurements; and for any other purpose reasonably within the power and authority of the Department and the United States Nuclear Regulatory Commission.
11.3.7 As-built Drawings.
One year after issuance of the license to the applicant, and annually thereafter, the licensee shall provide the Department with “as-built’ drawings of the disposal facility until license termination.
11.3.8 Transfer of Records.
Within six months after the completion of decommissioning and decontamination activities, the licensee shall at no cost transfer copies of all records of the location and quantity of wastes contained in the disposal site to: the governing body of the nearest municipality, the governing body of the county in which the facility is located, the local planning agency having jurisdiction over the area in which the facility is located, the Department, and any other state, local, and federal agency designated by the department. PART 12: FEES FOR RADIATION CONTROL SERVICES FEES FOR RADIATION CONTROL SERVICES
12.1 Purpose and Scope.
12.1.1 Authority. [Eff 01/30/2007]
Rules and regulations set forth herein are adopted pursuant to the provisions of Sections 25-1- 108, 25-1.5-101(1)(k) and 25-1.5-101(1)(l), and 25-11-104(6), CRS. [Eff 01/30/2007]
12.1.2 Basis and Purpose. [Eff 01/30/2007]
A statement of basis and purpose accompanies this part and changes to this part. A copy may be obtained from the Department. [Eff 01/30/2007]
12.1.3 Scope [Eff 01/30/2007]
The regulations in this part establish fees for radiation control services rendered by the Department as authorized by the Act. [Eff 01/30/2007]
12.1.4 Applicability [Eff 01/30/2007]
Except for persons who apply for, or hold specific licenses exempted in 12.3, the regulations in this part apply to radiation control services for a person who is an applicant for, or holder of, a specific radioactive material license or a general radioactive material license, issued pursuant to Part 3 of these regulations. This part also applies to a specific request for evaluation of sealed sources and devices containing radioactive material, for a special project review, which the Department completes or makes whether or not in conjunction with a license application on file or which may be filed, and for other services as specified in this part. [Eff 01/30/2007]
12.1.5 Published Material Incorporated by Reference. [Eff 01/30/2007]
Published material incorporated in Part 12 by reference is available in accord with Part 1, Section 1.4. [Eff 01/30/2007]
12.2 Definitions.
As used in this part, these terms have the definitions set forth as follows. [Eff 01/30/2007] “Abandoned application” means any application filed with the Department for which the Department has in writing requested additional information needed to process the application and the Department does not receive a written reply from the applicant within forty-five (45) days to its most recent written request for additional information. [Eff 01/30/2007] “Anniversary Date” means that date upon which annual fees shall be due and payable. Anniversary Date is determined as the last day of the month corresponding to the month listed as the licensee's expiration date. [Eff 01/30/2007] “Application” means any request filed with the Department for a permit, license, approval, exemption, certificate, other permission, or for any other service. [Eff 01/30/2007] “Full cost fees” mean fees based on reasonable and actual professional staff time and appropriate contractual support services expended for certain radiation control activities as specified in Appendix 12A. [Eff 01/30/2007] “Inspections” (routine or non-routine) means: [Eff 01/30/2007]
12.3 Exemptions.
12.3.1 No fees pursuant to 12.4.1 through 12.4.5 shall be required for: [Eff 01/30/2007] 12.3.1.1 A radioactive materials license authorizing the use of source material as shielding only in devices and containers, provided that all other licensed radioactive material in the device or container will be subject to the fees described in Appendix 12A. [Eff 01/30/2007] [Eff 01/30/2007] 12.3.1.2 An application for possession and use of radioactive material applied for by, or issued to, an agency of Colorado or any political subdivision thereof, except for licenses which authorize distribution of radioactive material or products containing radioactive material or licenses authorizing services to any person other than an agency or political subdivision of the State. This exemption does not apply to fees for inspection or annual fees for such licensees. [Eff 01/30/2007] 12.3.1.3 A general license for reciprocity pursuant to 3.24. This exemption does not apply to fees for inspection of, or annual fees for such licensees. [Eff 01/30/2007]
12.3.2 Application for Exemptions. [Eff 01/30/2007]
12.3.2.1 The Department may, upon application by an interested person, or upon its own initiative, grant such exemptions from the requirements of this part for good cause as it determines are authorized by law and are otherwise in the public interest. [Eff 01/30/2007] 12.3.2.2 Applications for exemption under this section may include activities such as, but not limited to, the use of licensed materials for educational or noncommercial public displays or scientific collections. [Eff 01/30/2007]
12.4 Specific Radioactive Materials Licensees.
12.4.1 Application Fees. [Eff 01/30/2007]
12.4.1.1 The application fee for new radioactive materials license not subject to full cost fees must accompany the application when it is filed. [Eff 01/30/2007]
12.4.1.2 An application for renewal of a license not subject to full cost fees which has expired and for which a renewal was not timely filed pursuant to 3.17.2 shall be accompanied by a reinstatement fee of $400. [Eff 01/30/2007] 12.4.1.3 Application fees for new radioactive materials licenses, renewals, amendments, other required approvals and requests for dismantling, decommissioning and termination of licensed activities, that are subject to the full cost fees are payable upon notification by the Department. [Eff 01/30/2007] 12.4.1.4 All licensing fees will be charged irrespective of the Department's disposition of the application or a withdrawal of the application. [Eff 01/30/2007]
12.4.1.5 Abandoned Applications. [Eff 01/30/2007]
12.4.1.6 Expedited License Review. [Eff 01/30/2007]
12.4.2 Termination Fees. [Eff 01/30/2007]
12.4.2.1 Applications for license termination for licensees not subject to full cost fees will not be subject to fees provided that the licensee notifies the Department and requests termination pursuant to 3.16, as appropriate, and provided that there is no decommissioning or decontamination involved subsequent to the request for termination. Licensees subject to full cost fees shall be billed for the full cost of the review of the application for termination. [Eff 01/30/2007] 12.4.2.2 Staff time spent in obtaining information which is not provided by the licensee as required by 3.16.6 and 3.16.7 when decontamination is necessary, or in supervising the licensee’s decommissioning or decontamination of the site, will be billed at the Department's hourly rate. [Eff 01/30/2007] 12.4.2.3 The charges for staff time billed under 12.4.2 are payable upon notification by the Department. [Eff 01/30/2007]
12.4.3 Inspection Fees. [Eff 01/30/2007]
Inspection costs include reasonable and actual preparation time, time on site, documentation time, any associated contractual service costs, and time involved in the processing and issuance of a notice of violation or civil penalty. [Eff 01/30/2007] 12.4.3.1 Fees for inspection of licensees not subject to full cost fees. [Eff 01/30/2007]
12.4.3.2 Fees for Inspections of Licensees Subject to Full Costs Fees. [Eff 01/30/2007] Inspection fees will be assessed to recover the full cost for each specific inspection as specified in Appendix 12A, including licensee-specific performance reviews and assessments, evaluations, and incident investigations. Inspection fees for licensees subject to full cost fees, and for inspections other than routine, are due upon notification by the Department. [Eff 01/30/2007]
12.4.4 Annual fees. [Eff 01/30/2007]
12.4.4.1 Persons who hold specific radioactive materials licenses shall pay an annual fee. [Eff 01/30/2007]
12.4.4.2 Small Entities. [Eff 01/30/2007]
. Less than 20,000 $ 500 population Educational institutions 35 to 500 employees ½ Annual Fee that are not state or publicly supported, and have 500 employees or less . Less than 35 employees $ 500
12.4.4.3 Reciprocal Recognition Fee. [Eff 01/30/2007]
12.4.4.4 Payment of Annual Fees. [Eff 01/30/2007]
12.5 General Licenses.
12.5.1 Persons who hold general licenses under the following categories shall pay an annual fee: [Eff 01/30/2007] 12.5.1.1 Depleted uranium in industrial products and devices authorized under 3.5.5; [Eff 01/30/2007] 12.5.1.2 Possession of more than 1 kilogram of source material other than depleted uranium for shielding under 3.5; [Eff 01/30/2007] 12.5.1.3 Measuring, gauging and controlling devices under 3.6.4; and [Eff 01/30/2007]
12.5.1.4 In vitro licenses under 3.6.9. [Eff 01/30/2007]
12.5.2 The basis for the annual fee is to cover the Department's cost associated with the regulation and control of these sources, and to cover the Department's administrative costs for those generic activities directly related to the regulation of materials licensees. [Eff 01/30/2007] 12.5.3 Fees for general licenses are listed in Appendix 12A and shall be payable every July 1, for as long as the license remains in effect. [Eff 01/30/2007] 12.5.4 Fees for inspection of licenses, authorized under 3.5.5 and 3.6, that are based on the full cost of the inspection are payable upon notification by the Department. [Eff 01/30/2007]
12.6 Special Project Fees.
Fees for special projects are assessed for the full cost of the review, as specified in Appendix 12A. They will be based on reasonable and actual professional staff time. Appropriate contractual support services expended for certain radiation control activities will also be included. Fees for special projects are payable upon notification by the Department. [Eff 01/30/2007]
12.7 Low-Level Radioactive Waste Access Approval Fees.
Fees for services required for low-level radioactive waste access approval are payable upon notification by the Department. [Eff 01/30/2007] SEARCH, REVIEW, DUPLICATION AND SPECIAL SERVICE FEES
12.8 Search, Review, Duplication and Special Service Fees.
12.8.1 Search, Review, and Special Service Fees. [Eff 01/30/2007]
12.8.1.1 The Department charges fees for search, duplication and review. [Eff 01/30/2007]
12.8.1.2 The Department shall charge requesters who request the following services for the direct costs of the service: [Eff 01/30/2007]
12.8.2 Duplication Fees. [Eff 01/30/2007]
12.8.2.1 The charge for duplicating records shall be computed on the basis of Department's direct costs, including both the cost of staff and the cost of the actual copy. [Eff 01/30/2007] 12.8.2.2 Copyrighted material shall not be reproduced in violation of the copyright laws. [Eff 01/30/2007] 12.8.3 Fees for Search and Review of Department Records by Department Personnel. [Eff 01/30/2007] The Department shall charge the following hourly rates for search and review of Department records by Department personnel: [Eff 01/30/2007] 12.8.3.1 Clerical search, review, and duplication at a rate that is equivalent to the actual cost of an Administrative Assistant III at the five-year rate; [Eff 01/30/2007] 12.8.3.2 Professional search, review, and duplication at a rate that is equivalent to the actual cost of an Environmental Protection Specialist II at the five year rate; and [Eff 01/30/2007] 12.8.3.3 Senior management search, review, and duplication at a rate that is equivalent to the actual cost of an Environmental Protection Specialist V at the five-year rate. [Eff 01/30/2007]
12.8.4 Search and Duplication Provided Without Charge. [Eff 01/30/2007]
12.8.4.1 The Department may not bill any requester for fees if the cost of collecting the fee would be equal to or greater than the fee itself. [Eff 01/30/2007] 12.8.4.2 The Department may aggregate requests in determining search and duplication to be provided without charge as provided in 12.8.4.1, if the Department finds a requester, or multiple requestors acting in concert, has filed multiple requests for only portions of a Department record or similar Department records for the purpose of avoiding charges. [Eff 01/30/2007]
12.8.5 Assessment of Fees. [Eff 01/30/2007]
12.8.5.1 If the request is expected to require the Department to assess fees in excess of $25 for search and/or duplication, the Department shall notify the requester that fees will be assessed unless the requester has indicated in advance the willingness to pay fees as high as estimated. [Eff 01/30/2007] 12.8.5.2 In the notification, the Department shall include the estimated cost of search fees and the nature of the search required and estimated cost of duplicating fees. [Eff 01/30/2007] 12.8.5.3 The Department will encourage requesters to discuss with the Department the possibility of narrowing the scope of the request with the goal of reducing the cost while retaining the requester's original objective. [Eff 01/30/2007] 12.8.5.4 If the fee is determined to be in excess of $250, the Department may require payment at the time the information is provided. [Eff 01/30/2007]
12.8.6 Requests for Waiver or Reduction of Fees. [Eff 01/30/2007]
12.8.6.1 The Department shall collect fees for searching for, reviewing, and duplicating Department records, except as provided in 12.8.4, unless a requester submits a request in writing for a waiver or reduction of fees and the Department approves such request. To assure that there will be no delay in the processing of open records act requests, the request for a waiver or reduction of fees should be included in the initial open records act request letter. [Eff 01/30/2007] 12.8.6.2 Each request for a waiver or reduction of fees must be addressed to the Director, Hazardous Materials and Waste Management Division, Colorado Department of Public Health and Environment. [Eff 01/30/2007] 12.8.6.3 A person requesting the Department to waive or reduce search, review, or duplication fees shall: [Eff 01/30/2007]
12.8.6.4 The Department may waive or reduce the fee if, from information provided with the request for Department records made under 12.8.6.3, the Department determines that disclosure of the information in the Department records is for a public purpose, including public agency program support, nonprofit activities, journalism, and academic research, and is not primarily in the commercial interest of the requester. [Eff 01/30/2007] 12.8.6.5 In making a determination regarding a request for a waiver or reduction of fees, the Department may consider the following factors: [Eff 01/30/2007]
12.9 Partial Payment of Fees.
In the case of services, which are subject to full cost fees, the Department may bill monthly for any service rendered. [Eff 01/30/2007]
12.10 Method of Payment.
Approved credit cards, checks, drafts or money orders for payment of fees shall be payable to the Colorado Department of Public Health and Environment. [Eff 01/30/2007] 12.11 Schedule of Fees for Materials Licenses and Other Radiation Control Services.
12.11.1 Applicants for radioactive materials licenses, for services related to radiation machines, for other regulatory services and holders of materials licenses shall pay fees for the categories of services listed in Appendix 12A. License applications received prior to the effective date of this rule shall be billed in accordance with the fee schedule, as updated by the hourly rate in effect at that time the service is performed. [Eff 01/30/2007] 12.11.2 For each service provided subject to full cost fees, records will be maintained of time spent, using reasonable accounting procedures by at least 15 minute intervals. A summary of time spent on any activity will be provided upon request. [Eff 01/30/2007] 12.11.3 The Department will adjust all fees and the cost per person-hour every six (6) months from the effective date of this part based on the Denver-Boulder-Greeley Consumer Price Index for All Urban Consumers (January 1, 2007 summary). An updated version of the fee schedule will be available upon request. [Eff 01/30/2007] 12.11.4 Every two (2) years from the effective date of these regulations, the Department will review the fees and the Department's costs. If the adjusted fees and costs for any categories differ by more than ten percent (10%), the Department will propose a revised fee to the Board of Health for those categories. [Eff 01/30/2007]
12.12 Failure by Applicant or Licensee to Pay Prescribed Fee.
In any case where the Department finds that an applicant or a licensee has failed to pay a prescribed fee for any licensing or inspection activities required in this Part, the Department will not process any application, may suspend or revoke any license involved pursuant to 3.23 and may request action pursuant to CRS 25-11-107(4). Staff time expended in collection of any fee not paid within sixty (60) days of the date due will be billed at the Department's hourly rate. [Eff 01/30/2007]
12.13 Penalties.
12.13.1 A $15.00 penalty will be assessed for checks returned to the Department due to insufficient funds. [Eff 01/30/2007]
12.13.2 Late Payments. [Eff 01/30/2007]
12.13.2.1 A penalty shall be assessed to any person whose fee is collected by a collection agency. [Eff 01/30/2007] 12.13.2.2 The penalty shall be equal to the fee charged by the collection agency. [Eff 01/30/2007]
12.14 Severability.
The provisions of this regulation are severable, and if any provisions or the application of the provisions to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this regulation shall not be affected thereby. [Eff 01/30/2007] PART 12, APPENDIX A: SCHEDULE OF FEES FOR RADIOACTIVE MATERIALS LICENSEES, FOR SERVICES RELATED TO RADIATION MACHINES, AND FOR OTHER SERVICES 3,4,5,6 3 Applications for new licenses, applications to reinstate expired or terminated licenses, except those subject to fees assessed at full costs, must be accompanied by the prescribed application fee for each category. [Eff 01/30/2007] 4 Application for amendments to licenses that would place the license in a higher fee category or add anew fee category must be accompanied by the prescribed application fee for each category. [Eff 01/30/2007] 5 Renewal fees – Fees for applications for renewal of materials licenses will not be charged, except that fees for applications for renewal of licensees subject to full cost fees are due upon notification by the Department. [Eff 01/30/2007] 6 Inspection Fees: (a) Fees for routine inspections at locations authorized by the license or reciprocity permit will not be charged, except that routine inspections subject to full cost fees are due upon notification by the Department. (b) Separate charges will be assessed for each non-routine inspection which is performed. The frequency of routine inspections are those established in the Hazardous Materials And Waste Management Division Radiation Program Inspection and Enforcement Manual, and will be in accord with the frequencies established by the U.S. Nuclear Regulatory Commission for similar types of licenses. [Eff 01/30/2007] CATEGORY 1 - SPECIAL NUCLEAR MATERIAL 7,8 7 Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category. [Eff 01/30/2007] 8 Applications for new licenses that cover both special nuclear material and radioactive material and/or naturally occurring and accelerator produced material in sealed sources for use of gauging devices will pay the appropriate processing fee for category 1.C only. [Eff 01/30/2007] 1.A Licenses for possession and use of 200 grams or more of plutonium in unsealed form or 350 grams or more of U-235 in unsealed form or 200 grams or more of U-233 in unsealed form. This includes applications to terminate licenses as well as licenses authorizing possession only. [Eff 01/30/2007] NOTE: Colorado does not license this category of license. Application Not Applicable Annual Fee Not Applicable Inspection Not Applicable 1.B Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI). [Eff 01/30/2007] NOTE: Colorado does not license this category of license. Application Not Applicable Annual Fee Not Applicable Inspection Not Applicable 1.C Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems including x-ray fluorescence analyzers. Application $ 750 Annual Fee $ 1,200 Inspection $ 940 1.D All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combinations that would constitute a critical quantity. Application $ 1,470 Annual Fee $ 2,870 Inspection $ 2,125 CATEGORY 2 - SOURCE MATERIAL 2.A1 Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride. [Eff 01/30/2007] NOTE: Colorado does not license this category of license. Annual Fee Not Applicable Licensing and Inspection Not Applicable 2.A2 Licenses for possession and use of source material in recovery operations such as milling, in situ leaching, heap-leaching, ore buying stations, ion exchange facilities and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, and licenses authorizing decommissioning, reclamation or restoration activities as well as licenses authorizing the possession and maintenance of a facility in a standby mode. [Eff 01/30/2007] 2.A2 Class I License includes mill licenses issued for the extraction of uranium from uranium ore. Annual Fee $ 82,000 Licensing and Inspection Full Cost 2.A2 Class II License includes solution mining licenses (in-situ and heap leach) issued for the extraction of uranium from uranium ores including research and development licenses. Annual Fee $ 68,700 Licensing and Inspection Full Cost 2.A2 Class III “Other” license includes licenses for extraction of metals, heavy metals, and rare earths. Annual Fee $ 26,000 Licensing and Inspection Full Cost 2.A3 Licenses that authorize the receipt of uranium waste tailings generated by milling operations from other persons for possession and disposal, except those licenses subject to the fees in category 2.A2 or category 2.A4.
Annual Fee $ 50,600 Licensing and Inspection Full Cost 2.A4 Licenses that authorize the receipt of uranium waste tailings generated by milling operations from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee's milling operations, except those licenses subject to the fees in category 2.A2.
Annual Fee $ 8,000 Licensing and Inspection Full Cost 2.B Licenses for possession and use of source material for shielding. Application $ 180 Annual Fee $ 600 Inspection $ 1,060 2.C All other source material licenses.
Application $ 6,500 Annual Fee $ 9,600 Inspection $ 3,930 CATEGORY 3 - BYPRODUCT MATERIAL, NATURALLY OCCURRING AND ACCELERATOR PRODUCED RADIOACTIVE MATERIAL 3.A Licenses of broad scope for possession and use of radioactive material issued pursuant to 3.11 for processing or manufacturing of items containing radioactive material for commercial distribution. Application $ 7,600 Annual Fee $ 17,800 Inspection $ 7,525 3.B Other licenses for possession and use of radioactive material for processing or manufacturing of items containing radioactive material for commercial distribution. Application $ 2,500 Annual Fee $ 4,600 Inspection $ 2,200 3.C Licenses authorizing the processing or manufacture and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing radioactive material.
Application $ 9,800 Annual Fee $ 10,700 Inspection $ 2,200 3.D Licenses authorizing distribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of radioactive material. Application $ 2,700 Annual Fee $ 3,400 Inspection $ 1,130 3.E Licenses for possession and use of radioactive material in sealed sources for irradiation of materials where the source is not removed from its shield (self-shielded units). Application $ 1,900 Annual Fee $ 2,780 Inspection $ 1,200 3.F Licenses for possession and use of less than 370 TBq (10,000 Ci) of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes. Application $ 3,850 Annual Fee $ 5,040 Inspection $ 1,870 3.G Licenses for possession and use of 370 TBq (10,000 Ci) or more of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes. This category includes under water irradiators for irradiation of materials where the source is not exposed.
Application $ 9,050 Annual Fee $ 18,200 Inspection $ 3,600 3.H Licenses issued to distribute items containing radioactive material which requires device review to persons exempt from the licensing requirements of Part 3. Application $ 2,600 Annual Fee $ 2,780 Inspection $ 1,130 3.I Licenses issued to distribute items containing radioactive material or quantities of radioactive material which do not require device evaluation to persons exempt from the licensing requirements of Part 3 except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed by the U.S. Nuclear Regulatory Commission or an Agreement State.
Application $ 3,850 Annual Fee $ 4,000 Inspection $ 1,330 3.J Licenses issued to distribute items containing radioactive material which require sealed source and/or device review to persons generally licensed. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 3.
Application $ 1,130 Annual Fee $ 1,820 Inspection $ 1,240 3.K Licenses issued to distribute items containing radioactive material or quantities of radioactive material that do not require sealed and/or device review to persons generally licensed. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 3. Application $ 670 Annual Fee $ 1,200 Inspection $ 670 3.L Licenses of a broad scope for possession and use of radioactive material for research and development which do not authorize commercial distribution. Application $ 6,450 Annual Fee $ 8,700 Inspection $ 3,060 3.M Other licenses for possession and use of radioactive material for research and development which do not authorize commercial distribution.
Application $ 2,800 Annual Fee $ 3,830 Inspection $ 1,525 3.N Licenses that authorize services for other licensees, except (1) licenses that authorize calibration and/or leak testing services only are subject to the fees specified in fee category 3.Q, and (2) licensees that authorize waste disposal services are subject to the fees specified in fee Categories 4.A, 4.B., or 4.C.
Application $ 2,950 Annual Fee $ 4,170 Inspection $ 1,800 3.O Licenses for possession and use of radioactive material for industrial radiography operations. Application $ 4,750 Annual Fee $ 10,900 Inspection $ 2,330 3.P Portable gauge radioactive material licensees.
Application $ 1,470 Annual Fee $ 2,090 Inspection $ 1,460 3.Q All other specific radioactive material licensees, except those in fee categories 1, 2, 3.A through 3.P, and 4.A. through 9.D.
Application $ 1,470 Annual Fee $ 2,090 Inspection $ 1,460 CATEGORY 4 - WASTE HANDLERS 4.A Licenses specifically authorizing the receipt of waste byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material from other persons for the purpose of commercial disposal by land burial by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for treatment or disposal by incineration and transfer of packages to another person authorized to receive or dispose of waste material.
Annual Fee 9 Not Applicable 9 There are no existing Colorado licenses in these fee categories. Once Colorado issues a license for these categories, the Department will consider establishing an annual fee for that type of license. Licensing and Inspection Full Cost 4.B Licenses specifically authorizing the receipt of waste byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application $ 1,900 Annual Fee $ 8,500 Inspection $ 2,200 4.C Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.
Application $ 2,950 Annual Fee $ 6,430 Inspection $ 2,460 CATEGORY 5 - WELL LOGGING 5.A Licenses for possession and use of byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material for well logging, well surveys, and tracer studies other than field.
Application $ 6,300 Annual Fee $ 7,650 Inspection $ 2,460 5.B Licenses for possession and use of byproduct material for field flooding tracer studies. Annual Fee $ 9,040 Licensing and Inspection Full Cost CATEGORY 6 - NUCLEAR LAUNDRIES 6.A Licenses for commercial collection and laundry of items contaminated with radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material.
Application $ 13,000 Annual Fee $ 14,700 Inspection $ 3,600 CATEGORY 7 - HUMAN AND VETERINARY USE OF RADIOACTIVE MATERIAL 7.A Licenses issued for human or veterinary use of radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material in sealed sources contained in teletherapy devices.
Application $ 7,100 Annual Fee $ 12,100 Inspection $ 2,060 7.B Licenses of broad scope issued to medical institutions or two or more physicians or veterinarians authorizing research and development including human and/or veterinary use of radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material except material in sealed sources.
Application $ 5,100 Annual Fee $ 21,000 Inspection $ 5,500 7.C Other licenses issued for human or veterinary use of radioactive material, source material, and/or naturally occurring and accelerator produced material except material in sealed sources contained in teletherapy devices.
Application $ 2,500 Annual Fee $ 4,000 Inspection $ 1,930 CATEGORY 8- CIVIL DEFENSE 8.A Licenses for possession and use of radioactive material for civil defense activities. Application $ 375 Annual Fee $ 950 Inspection $ 1,600 CATEGORY 9 - DEVICE, PRODUCT, OR SEALED SOURCE SAFETY EVALUATION 9.A Safety evaluation of devices or products containing byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material except reactor fuel devices, for commercial distribution.
Annual Fee $ 5,040 Evaluations Full Cost 9.B Safety evaluation of devices or products containing radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material manufactured in accordance with the unique specifications of, and for use by a single applicant, except reactor fuel devices.
Annual Fee $ 5,040 Evaluations Full Cost 9.C Safety evaluation of sealed sources containing byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material, except reactor fuel, for commercial distribution.
Annual Fee $ 1,470 Evaluations Full Cost 9.D Safety evaluation of sealed sources containing byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material, manufactured in accordance with the unique specifications of, and for use by a single applicant, except reactor fuel. Annual Fee $ 500 Evaluations Full Cost CATEGORY 10 - TRANSPORTATION OF RADIOACTIVE MATERIAL Note: Colorado does not license this category of license. [Eff 01/30/2007] CATEGORY 11 - REVIEW OF STANDARDIZED SPENT FUEL FACILITIES Note: Colorado does not license this category of license. [Eff 01/30/2007] CATEGORY 12 - SPECIAL PROJECTS 12.A Special Projects and all uses of radioactive material which are not included in any other category. Application Full Cost Annual Fee Full Cost Inspection Full Cost CATEGORY 13 - SPENT FUEL STORAGE COSTS Note: Colorado does not license this category of license. [Eff 01/30/2007] CATEGORY 14 14.A Byproduct material, source material, special nuclear material, naturally occurring or accelerator produced radioactive material licenses and other approvals authorizing decommissioning, decontamination, reclamation or site restoration activities. Annual Fee 10 Not Applicable 10 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate.
Licensing and Inspection Full Cost CATEGORY 15 - EMERGENCY RESPONSE 15.A Emergency response requiring over 10 person-hours in any 12 consecutive months. . Full Cost 15.B Emergency response planning and exercises.
. 11 Full Cost 11 Fees will be charged only when service is requested or required by an authorized person outside of the Department who has legal authority to make such requests. [Eff 01/30/2007] CATEGORY 16 - ANALYTICAL PROCEDURES . Full Cost CATEGORY 17 - GENERAL LICENSES 12 12 Fees are for each license at each facility. Fees for general licenses are annual fees, and are due July 1 each year. Non-routine inspections of general licensees related to (1) exposures to individuals; or (2) release of radioactive materials in excess of limits established in Part 4 of these regulations. [Eff 01/30/2007] 17.A Source material, gauges and other similar devices pursuant to 12.5.1.1 through 12.5.1.3. Annual Fee $ 100 Inspection Full Cost 17.B In vitro pursuant to 12.5.1.4.
Annual Fee $ 50 Inspection Full Cost CATEGORY 18 - LOW-LEVEL RADIOACTIVE WASTE ACCESS APPROVAL . Full Cost CATEGORY 19 - HOURLY RATE 13 . $ 129 13 For any service provided by the Department in accord with 12.11.2 and 12.11.3. A statement will be sent to the registrant indicating the actual costs incurred. [Eff 01/30/2007] CATEGORY 20 - TRANSFER OF RECORDS TO DEPARTMENT PURSUANT TO 4.40 THROUGH 4.50 Per box for indexed paper records submitted in state storage boxes . $ 40 For records not indexed and/or requiring repackaging in standard storage boxes . Full Cost CATEGORY 21 – RADIATION MACHINES ENFORCEMENT ACTION Maximum fee per each $ 1,157 radiation machines certification enforcement 14, 15 action :
14 Any registrant that fails the requirements of 2.5.1, or does not correct any violation in accordance with the compliance schedule established in 2.5.2.3, shall be subject to a Department enforcement action at the current hourly rate and/or maximum fee. The Department shall charge enforcement fees, which may include inspection fees for the inspection of radiation machines and facilities that have been determined, by either a qualified inspector or by the Department, to be in noncompliance with these regulations and with the certification frequency. These fees do not include penalties imposed under Part 13. [Eff 01/30/2007] 15 This represents the maximum fee that may be incurred for the Department enforcement actions of each radiation machine and/or facility determined to be in violation with these regulations by either a qualified inspector or by the Department. [Eff 01/30/2007] CATEGORY 22 – QUALIFIED INSPECTOR OR SERVICING AND SERVICES Maximum fee per 16,17 $ 160 registration every 2 years:
16 The qualified inspector registration fee is an individual fee. The servicing and services registration fee is a company fee. [Eff 01/30/2007] 17 The annual fee is $80 and is payable every two years in the amount of $160. This fee is non-refundable in the event that the application is not approved by the Department. [Eff 01/30/2007] CATEGORY 23 – PROVISIONAL MAMMOGRAPHY - CERTIFICATION Maximum fee per each $ 50 certification review or renewal:
CATEGORY 24 – ADEQUATE TRAINING - ACCEPTANCE Maximum fee per each $ 50 acceptance review:
CATEGORY 25 – CERTIFICATION LABEL ISSUED BY A QUALIFIED INSPECTOR Required fee for each $ 50 certification label issued to a registrant:
PART 13 : PENALTIES FOR VIOLATIONS PENALTIES FOR VIOLATIONS RH 13.1 Purpose and Scope 13.1.1 The regulations in this Part set the criteria and specific procedures for notification of violations and the imposition of civil penalties under 25-11-107(5), CRS 1973 as amended. RH 13.2 Definitions 13.2.1 “Civil Penalty” means any monetary penalty levied against a licensee or registrant because of violations of statutes, regulations, licenses, registration provision or order issued thereunder. Civil penalty does not include any criminal penalty levied under 25-1-114 or 25-11-107, C.R.S. 1973 as amended.
13.2.2 “Material False Statement” means a statement that is false by omission or commission and is relevant to the regulatory process.
RH 13.3 Penalties and Severity Levels 13.3.1 Any person who violates any license or registration provision of 25-11-103 or 25-11-104, CRS 1973 as amended, regulation, or any license or registration certificate condition, regulation or order issued thereunder shall be subject to these civil penalty regulations except as provided for under 13.4.
13.3.2 Violations are categorized in six levels of severity to reflect their public health or worker safety or environmental significance. Severity Level I represents the most significant actual or potential hazard; Severity Level VI represents the least significant actual or potential hazard.
13.3.2.1 Examples are provided in Appendix A for determining the appropriate severity level and will be presumptively correct. However, the severity level of a violation will be determined based upon the criteria in 13.3.2, above. The examples are not and do not create new requirements, but are predicated on existing regulatory requirements.
13.3.2.2 For violations not listed in Appendix A, the severity of a violation will be characterized at the severity level best-suited to the significance of the particular violation. RH 13.4 Exemptions 13.4.1 A civil penalty will not generally be assessed for a violation which was unavoidable to prevent loss of life, personal injury or severe property damage or there were no feasible alternatives, and provided that proper notification was provided to the Department.
13.4.2 A civil penalty will not generally be assessed for violations resulting from matters beyond the control of the licensee or registrant, such as equipment failures that were unavoidable by reasonable quality assurance measures or management controls.
13.4.3 A civil penalty will not generally be assessed if interlocks are bypassed for short periods for maintenance or for quality control procedures provided that alternative safety procedures are implemented.
RH 13.5 Notification and Imposition 13.5.1 If the Department has reason to believe, based upon facts available to the Department, that a person has committed any violation of any licensing or registration provision of 25-11-103 or 25- 11-104, CRS 1973 as amended, regulation, any license or registration certificate, or order issued thereunder, it shall notify such person within a reasonable time specifying:
13.5.1.1 The date and factual basis of each act or omission with which such person is charged;
13.5.1.2 The particular provision of the statute, rule, regulation, order, license, or registration certificate violated; and 13.5.1.3 Necessary actions required to bring the licensee or registrant into compliance.
13.5.2 The notification required by RH 13.5.1 shall be sent by the Department by certified or registered mail, return receipt requested, to the last known address of the alleged violator. Any notice may be served by the Department by publication in a newspaper of general circulation in the area of the licensed facility or activity that is the subject of the notice, if the Department's efforts to serve by mail are unsuccessful. Service shall not be incomplete due to any refusal to accept service.
13.5.3 The alleged violator shall have thirty (30) days following the receipt of publication of the notice to submit a written response containing data, views, and arguments concerning the alleged violations and proposing a reasonable time for abatement. In addition, the alleged violator may request an informal conference with Department personnel to discuss the alleged violations. Such conference is to be held within the thirty (30) days allowed for a written response.
13.5.4 Within thirty (30) days after the time allowed for the written response and informal conference, the Department shall issue an order affirming or dismissing or otherwise disposing of the violation and, if the violation is affirmed, setting a time for abatement.
13.5.4.1 The time for abatement shall be that reasonably necessary to achieve compliance given the severity of the violation and the actions necessary to correct the violation.
13.5.4.2 The order may be modified and the time for abatement extended for good cause shown.
13.5.4.3 Immediate abatement may be ordered to the extent necessary to remove an imminent danger to public health, worker safety or the environment.
13.5.5 Any person failing to comply with an order issued pursuant to RH 13.5.4 shall be subject to a civil penalty of not more than five thousand dollars ($5,000.00) for each violation specified in the order.
13.5.5.1 The amount will be based on the following Severity Level Table as adjusted in the discretion of the Department based on consideration of willfulness of the violation and good faith of the alleged violator in achieving compliance, but in no event may the penalty exceed $5,000 for a single violation.
13.5.5.2 The Department may compromise, mitigate, or remit any such civil penalty as justified by written documentation.
13.5.6 Upon determining that a person has failed to comply with an order issued pursuant to RH 13.5.4, the Department shall notify the person within ten (10) days by certified or registered mail, return receipt requested, of the proposed amount of any civil penalty. Such person shall have ten (10) days after receipt of the notification of the proposed penalty within which to request, in writing, an informal conference in which all relevant information concerning the violation and penalty, including all information which the alleged violator may submit, shall be reviewed by the alleged violator and an authorized representative of the Department. If such conference is requested, the alleged violator shall provide the Department with all relevant information, in writing, at least three (3) days prior the conference.
13.5.7 Following the conference pursuant to RH 13.5.6, or upon the expiration of time allowed for requesting the conference if no conference is requested, the Department shall either dismiss the penalty or order the penalty fixed and shall cause the order to be served personally on the alleged violator or his designated agent within forty-five (45) days of the mailing of the proposed penalty pursuant to RH 13.5.1. The order shall notify the alleged violator of the right to request a hearing within thirty (30) days, such hearing to be held in accordance with 24-4-105, C.R.S. 1973 as amended, to determine all of the following:
13.5.7.1 Whether the alleged violation exists or did exist;
13.5.7.2 Whether the actions taken or to be taken are or will be adequate to correct the violation;
13.5.7.3 Whether the time set for abatement was reasonable; and
13.5.7.4 Whether the civil penalty is reasonable in light of the statutory criteria upon which it is based.
13.5.8 Upon the request for such a hearing, the order shall be stayed pending the results of the hearing and any subsequent judicial review.
13.5.9 At the request of the Department, the Attorney General may institute a civil action to collect any civil penalty imposed pursuant to these regulations.
APPENDIX A SEVERITY LEVEL EXAMPLES Severity Level I 1. Single exposure of a worker in excess of 25 rem to the whole body, 150 rem to the skin of the whole body, or 375 rem to the hands, forearms, feet or ankles.
2. Annual whole body exposure of a member of the public in excess of 0.5 rem.
3. Release of radioactive material to an uncontrolled area in excess of ten times the limits of RH 4.35.1.2 of these regulations.
4. Exposure of workers in controlled areas in excess of ten times the limits of RH 4.6.1.1 of these regulations.
5. Violation of Department of Transportation (DOT) requirements pursuant to RH 17.15.10 of these regulations resulting in whole body radiation exposure of a member of the public in excess of 0.5 rem.
6. Breach of package integrity resulting in surface contamination or external radiation levels in excess of ten times DOT limits.
7. Radiation levels, contamination levels, or releases that exceed ten times the limits specified in the license.
8. A system designed to prevent or mitigate a serious safety event not being operable when actually required to perform its design function.
9. A Material False Statement in which the statement made was deliberately false.
10. Deliberate action by management to discriminate against an employee for attempting to communicate or actually communicating with the Department as specified in RH 10.5, RH 10.6, and RH 10.7 of these regulations.
Severity Level II 1. Single exposure of a worker in excess of 5 rem to the whole body, 30 rem to the skin of the whole body, or 75 rem to hands, forearms, feet or ankles.
2. Annual whole body exposure of a member of the public in excess of 0.1 rem.
3. Release of radioactive material to an uncontrolled area in excess of five times the limits of RH 4.35.1.2 of these regulations.
4. Failure to make an immediate notification as required by RH 4.35.1.2 of these regulations.
5. Exposure of a worker in controlled areas in excess of five times the limits of RH 4.6.1.1 of these regulations.
6. Exposure of a worker in controlled areas in excess of five times the limits of RH 4.4 of these regulations.
7. Breach of package integrity resulting in surface contamination or external radiation levels in excess of DOT limits.
8. Surface contamination or external radiation levels in excess of three times DOT limits that did not result from a breach of package integrity.
9. Failure to make required initial notifications associated with Severity Level I or II violations.
10. Radiation levels, contamination levels, or releases that exceed five times the limits specified in the license or regulations.
11. A system designed to prevent or mitigate a serious safety event being inoperable.
12. A Material False Statement or a reporting failure, involving information which, had it been available to the Department and accurate at the time the information should have been submitted, would have resulted in the Department seeking further information.
13. A Material False Statement in which the false statement was made with careless disregard. Severity Level III 1. Single exposure of a worker in excess of 3 rem to the whole body, 7.5 rem to the skin of the whole body, or 18.75 rem to the hands, forearms, feet or ankles.
2. A radiation level in an uncontrolled area that exceeds 100 millirem/hour for a one-hour period.
3. Failure to make a 24-hour notification as required by RH 4.52.2 these regulations.
4. Substantial potential for an exposure or release in excess of Part IV of these regulations whether or not such exposure or release occurs.
5. Release of radioactive material to an uncontrolled area in excess of limits of RH 4.35.1.2 these regulations.
6. Improper disposal of licensed material not covered in Severity Levels I or II.
7. Exposure of a worker in controlled areas in excess of limits of RH 4.6.1.1 of these regulations.
8. Release for uncontrolled use of contaminated or radioactive material or equipment which poses a realistic potential for significant exposure to members of the public, or which reflects a programmatic (rather than isolated) weakness in the radiation control program.
9. Cumulative worker exposure above regulatory limits when such cumulative exposure reflects a programmatic rather that an isolated weakness in radiation protection.
10. Conduct of activities by a technically unqualified person.
11. Significant failure to control licensed material.
12. Breach of package integrity.
13. Surface contamination or external radiation levels in excess of, but less than a factor of three above DOT requirements, that did not result from a breach of transport container.
14. Any noncompliance with labeling, placarding, shipping paper, packaging, loading or other requirements that could reasonably result in the following:
a. Improper identifications of the type, quantity, or form of material.
b. Failure of the carrier or recipient to exercise adequate controls.
c. Substantial potential for personnel exposure or contamination, or improper transfer of material.
15. Failure to control access to licensed materials for radiation purposes as specified by Department regulations, license conditions and orders.
16. Possession or use of unauthorized materials or equipment in the conduct of licensee activities.
17. Use of radioactive material on humans where such use is not authorized.
18. Radiation levels, contamination levels, or releases that exceed the limits specified in the license or regulations.
19. Medical therapeutic misadministrations.
20. A Material False Statement not amounting to a Severity Level I or II Violation. Severity Level IV 1. Exposure in excess of the limits of Part 4 of these regulations not constituting Severity Level I, II, or III violations.
2. A radiation level in an uncontrolled area such that an individual could receive greater than 2 millirem in a one hour period or 100 millirem in any seven consecutive days.
3. Failure to make a 30-day notification as required by RH 4.53.1 of these regulations.
4. Failure to make a written report as required by RH 4.54 or 4.59 of these regulations.
5. Package selection or preparation which does not meet DOT requirements, but does not result in a breach of package integrity or surface contamination or external radiation levels in excess of DOT requirements.
6. Failure to maintain patients hospitalized who have had cobalt-60, cesium-137, or iridium-192 implants.
7. Medical diagnostic misadministrations.
8. Failure to conduct required leakage or contamination tests.
9. Failure to use properly calibrated equipment.
10. Other violations that have more than minor safety or environmental significance. Severity Level V 1. Public health or worker safety or environmental items of minor significance. Severity Level VI 1. No public health or worker safety or environmental items of significance. PART 14 : LICENSING REQUIREMENTS FOR LAND DISPOSAL OF LOW LEVEL RADIOACTIVE WASTE General Provisions RH 14.1 Purpose and Scope.
14.1.1 The regulations in this part establish procedures, criteria, and terms and conditions upon which the Department issues licenses for the land disposal of low-level radioactive wastes received from other persons. The requirements of this part are in addition to, and not in substitution for, other applicable requirements of these regulations.
14.1.2 The regulations in this part do not apply to disposal of byproduct material as defined in the second definition of “byproduct material” in RH 1.4 of these regulations in quantities greater than 10,000 kilograms containing more than 185 MBq (5 millicuries) of radium-226, or disposal of waste as provided for in Part 4 of these regulations.
14.1.3 This part establishes procedural requirements and performance objectives applicable to any method of land disposal. It establishes specific technical requirements for near-surface disposal of low-level radioactive waste which involves disposal in the uppermost portion of the earth, approximately 30 meters. Burial deeper than 30 meters may also be satisfactory. RH 14.2 Definitions.
As used in this part, the following definitions apply:
“Active maintenance” means any significant activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in RH 14.18 and 14.19 are met. Such active maintenance includes ongoing activities such as the pumping and treatment of water from a disposal unit or one-time measures such as replacement of a disposal unit cover. Active maintenance does not include custodial activities such as repair of fencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep such as mowing grass. “Buffer zone” means a portion of the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the site. “Chelating agent” means amine polycarboxylic acids, hydroxy-carboxylic acids, gluconic acid and polycarboxylic acids.
“Commencement of construction” means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a disposal facility. The term does not mean disposal site exploration, necessary roads for disposal site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the disposal site or the protection of environmental values. “Custodial Agency” means an agency of the government designated to act on behalf of the federal or state government owner of the disposal site. “Disposal” means the isolation of radioactive wastes from the biosphere inhabited by man and his food chains by emplacement in a land disposal facility with no intention of retrieval. “Disposal site” means that portion of a land disposal facility which is used for disposal of waste. It consists of disposal units and a buffer zone.
“Disposal unit” means a discrete portion of the disposal site into which waste is placed for disposal. For near-surface disposal the unit is usually a trench. “Engineered barrier” means a man-made structure or device that is intended to improve the land disposal facility's ability to meet the performance objectives in this part. “Explosive material” means any chemical compound, mixture, or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame.
“Hazardous waste” means those wastes designated as hazardous by U.S. Environmental Protection Agency regulations in 40 CFR Part 261.
“Hydrogeologic unit” means any soil or rock unit or zone which by virtue of its porosity or permeability, or lack thereof, has a distinct influence on the storage or movement of groundwater. “Inadvertent intruder” means a person who might occupy the disposal site after closure and engage in normal activities, such as agriculture, dwelling construction, or other pursuits in which an individual might be unknowingly exposed to radiation from the waste. “Intruder barrier” means a sufficient depth of cover over the waste that inhibits contact with waste and helps to ensure that radiation exposures to an inadvertent intruder will meet the performance objectives set forth in this part, or engineered structures that provide equivalent protection to the inadvertent intruder.
“Land disposal facility” means the land, buildings and structures, and equipment which are intended to be used for the disposal of low-level radioactive wastes. “Monitoring” means observing and making measurements to provide data to evaluate the performance and characteristics of the disposal site.
“Near-surface disposal facility” means a land disposal facility in which low-level radioactive waste is disposed of within approximately the upper 30 meters of the earth's surface. “Pyrophoric liquid” means any liquid that ignites spontaneously in dry or moist air at or below 130 F (54.4 C).
“Pyrophoric solid” means any solid material, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation, handling, or disposal hazard. Included are spontaneously combustible and water-reactive materials. “Site closure and stabilization” means those actions that are taken upon completion of operations that prepare the disposal site for custodial care and that assure that the disposal site will remain stable and will not need ongoing active maintenance. “Stability” means structural stability.
“Surveillance” means monitoring and observation of the disposal site for purposes of visual detection of need for maintenance, custodial care, evidence of intrusion, and compliance with other license and regulatory requirements.
“Waste” means radioactive waste other than:
1. Waste generated as a result of the defense activities of the federal government or federal research and development activities;
2. High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted;
3. Waste material containing transuranic elements with contamination levels greater than one hundred nanocuries (3700 Bq) per gram of material;
4. Byproduct material as defined in Section 11.e.(2) of the “Atomic Energy Act of 1954” , as amended on November 8, 1978; * or * The disposal of these materials are licensed under Part III of the regulations.
5. Waste from mining, milling, smelting, or similar processing of ores and mineral-bearing material primarily for minerals other than radium; * * The disposal of these materials are licensed under Part III of the regulations. RH 14.3 License Required.
14.3.1 No person may receive, possess, and dispose of waste received from other persons at a land disposal facility unless authorized by a license issued by the Department pursuant to this part, and Part III of these regulations.
14.3.2 Each person shall file an application with the Department pursuant to RH 3.8 of these regulations and obtain a license as provided in this part before commencement of construction of a land disposal facility. Failure to comply with this requirement may be grounds for denial of a license. RH 14.4 Reserved RH 14.5 Content of Application.
In addition to the requirements set forth in RH 3.9 of these regulations, an application to receive from others, possess and dispose of wastes shall consist of general information, specific technical information, institutional information, and financial information as set forth in RH 14.6 through 14.10.
14.5.1 The licensee shall submit written statements under oath upon request of the Department, to enable the Department to determine the qualifications of individuals, the status of site operators, and whether or not additional actions at the site might be warranted. RH 14.6 General Information.
The general information shall include each of the following:
14.6.1 Identity of the applicant including:
14.6.1.1 The full name, address, telephone number and description of the business or occupation of the applicant;
14.6.1.2 If the applicant is a partnership, the name and address of each partner and the principal location where the partnership does business;
14.6.1.3 If the applicant is a corporation or an unincorporated association, (i) the state where it is incorporated or organized and the principal location where it does business, and (ii) the names and addresses of its directors and principal officers; and 14.6.1.4 If the applicant is acting as an agent or representative of another person in filing the application, all information required under 14.6.1 must be supplied with respect to the other person.
14.6.2 Qualifications of the applicant:
14.6.2.1 The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise;
14.6.2.2 The technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. Minimum training and experience requirements for personnel filling key positions described in 14.6.2.1 must be provided.
14.6.2.3 A description of the applicant's personnel training program; and
14.6.2.4 The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal operations in a safe manner.
14.6.3 A description of:
14.6.3.1 The location of the proposed disposal site;
14.6.3.2 The general character of the proposed activities;
14.6.3.3 The types and quantities of waste to be received, possessed, and disposed of;
14.6.3.4 Plans for use of the land disposal facility for purposes other than disposal of wastes; and
14.6.3.5 The proposed facilities and equipment.
14.6.4 Proposed schedules for construction, receipt of waste, and first emplacement of waste at the proposed land disposal facility.
RH 14.7 Specific Technical Information.
The specific technical information shall include the following information needed for demonstration that the performance objectives and the applicable technical requirements of this part will be met:
14.7.1 A description of the natural and demographic disposal site characteristics as determined by disposal site selection and characterization activities. The description shall include, but not be limited to, geologic, geotechnical, geochemical, ecologic, archeological, hydrologic, meteorologic, climatologic, and biotic features of the disposal site and vicinity.
14.7.2 A description of the design features of the land disposal facility and the disposal units. For near- surface disposal, the description shall include those design features related to infiltration of water; integrity of covers for disposal units; structural stability of backfill, wastes, and covers; contact of wastes with standing water; disposal site drainage; disposal site closure and stabilization; elimination to the extent practicable of long-term disposal site maintenance; inadvertent intrusion; occupational exposures; disposal site monitoring; and adequacy of the size of the buffer zone for monitoring and potential mitigative measures.
14.7.3 A description of the principal design criteria and their relationship to the performance objectives.
14.7.4 A description of the design basis natural events or phenomena and their relationship to the principal design criteria.
14.7.5 A description of codes and standards which the applicant has applied to the design and which will apply to construction of the land disposal facilities.
14.7.6 A description of the construction and operation of the land disposal facility. The description shall include as a minimum the methods of construction of disposal units; waste emplacement; the procedures for and areas of waste segregation; types of intruder barriers; onsite traffic and drainage systems; survey control program; methods and areas of waste storage; and methods to control surface water and groundwater access to the wastes. The description shall also include a description of the methods to be employed in the handling and disposal of wastes containing chelating agents or other non-radiological substances that might affect meeting the performance objectives of this part.
14.7.7 A description of the disposal site closure plan, including those design features which are intended to facilitate disposal site closure and to eliminate the need for ongoing active maintenance.
14.7.8 An identification of the known natural resources at the disposal site, whose exploitation could result in inadvertent intrusion into the waste after removal of active institutional control.
14.7.9 A description of the kind, amount, classification and specifications of the radioactive materials proposed to be received, possessed, and disposed of at the land disposal facility.
14.7.10 A description of the quality assurance program developed and applied by the applicant for the determination of natural disposal site characteristics and for quality control during the design, construction, operation and closure of the land disposal facility and the receipt, handling, and emplacement of waste. Audits and managerial controls must be included.
14.7.11 A description of the radiation safety program for control and monitoring of radioactive effluents to ensure compliance with the performance objective in RH 14.19 and occupational radiation exposure to ensure compliance with the requirements of Part IV of these regulations and to control contamination of personnel, vehicles, equipment, buildings, and the disposal site. Both routine operations and accidents shall be addressed. The program description must include procedures, instrumentation, facilities, and equipment.
14.7.12 A description of the environmental monitoring program to provide data to evaluate potential health and environmental impacts and the plan for taking corrective measures if migration is indicated.
14.7.13 A description of the administrative procedures that the applicant will apply to control activities at the land disposal facility.
14.7.14 A description of the facility electronic recordkeeping system as required in RH 14.33. RH 14.8 Technical Analyses.
The specific technical information shall also include the following analyses needed to demonstrate that the performance objectives of this part will be met:
14.8.1 Pathways analyzed in demonstrating protection of the general population from releases of radioactivity shall include air, soil, groundwater, surface water, plant uptake, and exhumation by burrowing animals. The analyses shall clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses shall clearly demonstrate that there is reasonable assurance that the exposures to humans from the release of radioactivity will not exceed the limits set forth in RH 14.19.
14.8.2 Analyses of the protection of individuals from inadvertent intrusion shall include demonstration that there is reasonable assurance the waste classification and segregation requirements will be met and that adequate barriers to inadvertent intrusion will be provided.
14.8.3 Analyses of the protection of individuals during operations shall include assessments of expected exposures due to routine operations and likely accidents during handling, storage, and disposal of waste. The analyses shall provide reasonable assurance that exposures will be controlled to meet the requirements of Part IV of these regulations.
14.8.4 Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance after closure shall be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses shall provide reasonable assurance that there will not be a need for ongoing active maintenance of the disposal site following closure.
RH 14.9 Institutional Information.
The institutional information submitted by the applicant shall include:
14.9.1 A certification by the federal or state custodial agency which owns the disposal site that the federal or state agency is prepared to accept transfer of the license when the provisions of RH 14.16 are met, and will assume responsibility for institutional control after site closure and postclosure observation and maintenance.
14.9.2 Where the proposed disposal site is on land not owned by the federal or a state government, the applicant shall submit evidence that arrangements have been made for assumption of ownership in fee by the federal or a state agency before the Department issues a license. RH 14.10 Financial Information.
The financial information shall be sufficient to demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet other financial assurance requirements of this part.
RH 14.11 Requirements for Issuance of a License.
A license for the receipt, possession, and disposal of waste containing or contaminated with radioactive material will be issued by the Department upon finding that:
14.11.1 The issuance of the license will not constitute an unreasonable risk to the health and safety of the public;
14.11.2 The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and minimizes danger to life or property;
14.11.3 The applicant's proposed disposal site, disposal design, land disposal facility operations, including equipment, facilities, and procedures, disposal site closure, and postclosure institutional control are adequate to protect the public health and safety in that they provide reasonable assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in RH 14.19;
14.11.4 The applicant's proposed disposal site, disposal site design, land disposal facility operations, including equipment, facilities, and procedures, disposal site closure, and postclosure institutional control are adequate to protect the public health and safety in that they will provide reasonable assurance that individual inadvertent intruders are protected in accordance with the performance objective in RH 14.20;
14.11.5 The applicant's proposed land disposal facility operations, including equipment, facilities, and procedures, are adequate to protect the public health and safety in that they will provide reasonable assurance that the standards for radiation protection set out in Part IV of these regulations will be met;
14.11.6 The applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure, and postclosure institutional control are adequate to protect the public health and safety in that they will provide reasonable assurance that long-term stability of the disposed waste and the disposal site will be achieved and will eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure;
14.11.7 The applicant's demonstration provides reasonable assurance that the applicable technical requirements of this part will be met;
14.11.8 The applicant's proposal for institutional control provides reasonable assurance that such control will be provided for the length of time found necessary to ensure the findings in RH 14.11.3 through 14.11.6 and that the institutional control meets the requirements of 14.28; and 14.11.9 The financial or surety arrangement meets the requirements of this part. RH 14.12 Conditions of Licensure.
14.12.1 A license issued under these regulations for the purpose of near-surface land disposal of low- level radioactive wastes, or any right thereunder, may be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, only if the Department finds, after securing full information, that the transfer is in accordance with the provisions of the Act and gives its consent in writing in the form of a license amendment.
14.12.2 The license will be terminated only on the full implementation of the final closure plan as approved by the Department, including postclosure observation and maintenance.
14.12.3 The licensee shall be subject to the provisions of the Act now or hereafter in effect, and to all rules, regulations, and orders of the Department. The terms and conditions of the license are subject to amendment, revision, or modification, by reason of amendments to, or by reason of rules, regulations, and orders issued in accordance with the terms of the Act.
14.12.4 Each person licensed by the Department pursuant to the regulations in this part shall confine possession and use of materials to the locations and purposes authorized in the license.
14.12.5 The licensee shall not dispose of waste until the Department has inspected the land disposal facility and has found it to be in conformance with the description, design, and construction described in the application for a license.
14.12.6 The Department may incorporate in any license at the time of issuance, or thereafter, by appropriate rule, regulation or order, additional requirements and conditions with respect to the licensee's receipt, possession, and disposal of waste as it deems appropriate or necessary in order to:
14.12.6.1 Protect health or to minimize danger to life or property;
14.12.6.2 Require reports and the keeping of records, and to provide for inspections of activities under the license that may be necessary or appropriate to effectuate the purposes of the Act and regulations thereunder.
14.12.7 The authority to dispose of wastes expires on the date stated in the license. Any expiration date on a license applies only to the above ground activities and to the authority to dispose of waste. Failure to renew the license shall not relieve the licensee of responsibility for carrying out site closure, postclosure observation and transfer of the license to the site owner. RH 14.13 Application for Renewal or Closure.
14.13.1 An application for renewal, or an application for closure under RH 14 must be filed at least one year prior to license expiration.
14.13.2 Applications for renewal of a license must be filed in accordance with RH 14.5 through 14.10. Applications for closure must be filed in accordance with RH 14.14. Information contained in previous applications, statements or reports filed with the Department under the license may be incorporated by reference if the references are clear and specific.
14.13.3 In any case in which a licensee has filed an application in proper form for renewal of a license, the license does not expire until the Department has taken final action on the application for renewal.
14.13.4 In determining whether a license will be renewed, the Department will apply the criteria set forth in RH 14.11.
RH 14.14 Contents of Application for Site Closure and Stabilization.
14.14.1 Prior to final closure of the disposal site, or as otherwise directed by the Department, the applicant shall submit an application to amend the license for closure. This closure application shall include a final revision and specific details of the disposal site closure plan included as part of the license application submitted under RH 14.7.8 that includes each of the following:
14.14.1.1 Any additional geologic, hydrologic, or other data pertinent to the long-term containment of emplaced wastes obtained during the operational period.
14.14.1.2 The results of tests, experiments, or any other analyses relating to backfill of excavated areas, closure and sealing, waste migration and interaction with emplacement media, or any other tests, experiments, or analysis pertinent to the long-term containment of emplaced waste within the disposal site.
14.14.1.3 Any proposed revision of plans for:
14.14.1.4 Any significant new information regarding the environmental impact of closure activities and long-term performance of the disposal site.
14.14.2 Upon review and consideration of an application to amend the license for closure submitted in accordance with RH 14.14.1, the Department shall issue an amendment authorizing closure if there is reasonable assurance that the long-term performance objectives of this part will be met. RH 14.15 Post-Closure Observation and Maintenance.
The licensee shall observe, monitor, and carry out necessary maintenance and repairs at the disposal site until the site closure is complete and the license is transferred by the Department in accordance with RH 14.16. Responsibility for the disposal site must be maintained by the licensee for 5 years following closure. A shorter or longer time period for post-closure observation and maintenance may be established and approved as part of the site closure plan, based on site-specific conditions. RH 14.16 Transfer of License.
Following closure and the period of post-closure observation and maintenance, the licensee may apply for an amendment to transfer the license to the disposal site owner. The license shall be transferred when the Department finds:
14.16.1 That the closure of the disposal site has been made in conformance with the licensee's disposal site closure plan, as amended and approved as part of the license;
14.16.2 That reasonable assurance has been provided by the licensee that the performance objectives of this part are met;
14.16.3 That any funds and necessary records for care will be transferred to the disposal site owner;
14.16.4 That the post-closure monitoring program is operational for implementation by the disposal site owner; and 14.16.5 That the federal or state agency which will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional requirements found necessary under RH 14.11.8 will be met.
RH 14.17 Termination of License.
14.17.1 Following any period of institutional control needed to meet the requirements found necessary under RH 14.11, the licensee may apply for an amendment to terminate the license.
14.17.2 This application will be reviewed in accordance with the provisions of RH 3.8 of these regulations.
14.17.3 A license shall be terminated only when the Department finds:
14.17.3.1 That the institutional control requirements found necessary under RH 14.11.8 have been met;
14.17.3.2 That any additional requirements resulting from new information developed during the institutional control period have been met; and 14.17.3.3 That permanent monuments or markers warning against intrusion have been installed. Performance Objectives RH 14.18 General Requirement.
Land disposal facilities shall be sited, designed, operated, closed, and controlled after closure so that reasonable assurance exists that exposures to individuals are within the requirements established in the performance objectives in RH 14.19 through 14.22.
RH 14.19 Protection of the General Population from Releases of Radioactivity. Concentrations of radioactive material which may be released to the general environment in ground water, surface water, air, soil, plants, or animals shall not result in an annual dose exceeding an equivalent of 25 millirems (0.25 mSv) to the whole body, 75 millirems (0.75 mSv) to the thyroid, and 25 millirems (0.25 mSv) to any other organ of any member of the public. Reasonable effort should be made to maintain releases of radioactivity in effluents to the general environment as low as is reasonably achievable.
RH 14.20 Protection of Individuals from Inadvertent Intrusion. Design, operation, and closure of the land disposal facility shall ensure protection of any individual inadvertently intruding into the disposal site and occupying the site or contacting the waste at any time after active institutional controls over the disposal site are removed. RH 14.21 Protection of Individuals During Operations.
Operations at the land disposal facility shall be conducted in compliance with the standards for radiation protection set out in Part IV of these regulations, except for releases of radioactivity in effluents from the land disposal facility, which shall be governed by RH 14.19. Every reasonable effort should be made to maintain radiation exposures as low as is reasonably achievable. RH 14.22 Stability of the Disposal Site After Closure.
The disposal facility shall be sited, designed, used, operated, and closed to achieve long-term stability of the disposal site and to eliminate, to the extent practicable, the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring, or minor custodial care are required.
Technical Requirements for Land Disposal Facilities RH 14.23 Disposal Site Suitability Requirements for Land Disposal.
14.23.1 Disposal Site Suitability for Near-Surface Disposal. The primary emphasis in near-surface disposal site suitability is given to isolation of wastes, and to the disposal site features that ensure that the long-term performance objectives are met.
14.23.1.1 The disposal site shall be capable of being characterized, modeled, analyzed and monitored.
14.23.1.2 Within the region where the facility is to be located, a disposal site should be selected so that projected population growth and future developments are not likely to affect the ability of the disposal facility to meet the performance objectives of this part.
14.23.1.3 Areas shall be avoided having known natural resources which, if exploited, would result in failure to meet the performance objectives of this part.
14.23.1.4 The disposal site shall be generally well drained and free of areas of flooding or frequent ponding. Waste disposal shall not take place in a 100-year flood plain, coastal high-hazard area or wetland, as defined in Executive Order 11988, “Floodplain Management Guidelines.”
14.23.1.5 Upstream drainage areas shall be minimized to decrease the amount of runoff which could erode or inundate waste disposal units.
14.23.1.6 The disposal site shall provide sufficient depth to the water table that ground water intrusion, perennial or otherwise, into the waste will not occur. The Department will consider an exception to this requirement to allow disposal below the water table if it can be conclusively shown that disposal site characteristics will result in molecular diffusion being the predominant means of radionuclide movement and the rate of movement will result in the performance objectives being met. In no case will waste disposal be permitted in the zone of fluctuation of the water table.
14.23.1.7 The hydrogeologic unit used for disposal shall not discharge ground water to the surface within the disposal site.
14.23.1.8 Areas shall be avoided where tectonic processes such as faulting, folding, seismic activity, or vulcanism may occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives of this part or may preclude defensible modeling and prediction of long-term impacts.
14.23.1.9 Areas shall be avoided where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives of this part, or may preclude defensible modeling and prediction of long-term impacts.
14.23.1.10 The disposal site must not be located where nearby facilities or activities could adversely impact the ability of the site to meet the performance objectives of this part or significantly mask the environmental monitoring program.
14.23.2 Reserved
RH 14.24 Disposal Site Design for Land Disposal.
14.24.1 Disposal Site Design for Near-Surface Disposal.
14.24.1.1 Site design features shall be directed toward long-term isolation and avoidance of the need for continuing active maintenance after site closure.
14.24.1.2 The disposal site design and operation shall be compatible with the disposal site closure and stabilization plan and lead to disposal site closure that provides reasonable assurance that the performance objectives will be met.
14.24.1.3 The disposal site shall be designed to complement and improve, where appropriate, the ability of the disposal site's natural characteristics to assure that the performance objectives will be met.
14.24.1.4 Covers shall be designed to minimize to the extent practicable water infiltration, to direct percolating or surface water away from the disposed waste, and to resist degredation by surface geologic processes and biotic activity.
14.24.1.5 Surface features shall direct surface water drainage away from disposal units at velocities and gradients which will not result in erosion that will require ongoing active maintenance in the future.
14.24.1.6 The disposal site shall be designed to minimize to the extent practicable the contact of water with waste during storage, the contact of standing water with waste during disposal, and the contact of percolating or standing water with wastes after disposal.
14.24.2 Reserved
RH 14.25 Land Disposal Facility Operation and Disposal Site Closure.
14.25.1 Near-Surface Disposal Facility Operation and Disposal Site Closure.
14.25.1.1 Wastes designated as Class A pursuant to Part 4, Appendix E of these regulations shall be segregated from other wastes by placing in disposal units which are sufficiently separated from disposal units for the other waste classes so that any interaction between Class A wastes and other wastes will not result in the failure to meet the performance objectives of this part. This segregation is not necessary for Class A wastes if they meet the stability requirements in Part 4, Appendix E, II(b) of these regulations.
14.25.1.2 Wastes designated as Class C pursuant to Part 4, Appendix E of these regulations shall be disposed of so that the top of the waste is a minimum of sixteen feet (5 meters) below the top surface of the cover or must be disposed of with intruder barriers that are designed to protect against an inadvertent intrusion for at least 500 years.
14.25.1.3 Except as provided in RH 14.25.1.12 only waste classified as Class A, B, or C shall be acceptable for near-surface disposal. All waste shall be disposed of in accordance with requirements of RH 14.25.1.4 through 14.25.1.11.
14.25.1.4 Wastes shall be emplaced in a manner that maintains the package integrity during emplacement, minimizes the void spaces between packages, and permits the void spaces to be filled.
14.25.1.5 Void spaces between waste packages shall be filled with earth or other material to reduce future subsidence witnin the fill.
14.25.1.6 Waste shall be placed and covered in a manner that limits the radiation dose rate at the surface of the cover to levels that at a minimum will permit the licensee to comply with all provisions of RH 4.15.2.2 of these regulations at the time the license is transferred pursuant to RH 14.16.
14.25.1.7 The boundaries and locations of each disposal unit shall be accurately located and mapped by means of a land survey. Near-surface disposal units shall be marked in such a way that the boundaries of each unit can be easily defined. Three permanent survey marker control points, referenced to United States Geological Survey (USGS) or National Geodetic Survey (NGS) survey control stations, shall be established on the site to facilitate surveys. The USGS or NGS control stations shall provide horizontal and vertical controls as checked against USGS or NGS record files.
14.25.1.8 A buffer zone of land shall be maintained between any buried waste and the disposal site boundary and beneath the disposed waste. The buffer zone shall be of adequate dimensions to carry out environmental monitoring activities specified in RH 14.26.4 and take mitigative measures if needed.
14.25.1.9 Closure and stabilization measures as set forth in the approved site closure plan shall be carried out as each disposal unit is filled and covered.
14.25.1.10 Active waste disposal operations shall not have an adverse effect on completed closure and stabilization measures.
14.25.1.11 Only wastes containing or contaminated with radioactive material shall be disposed of at the disposal site.
14.25.1.12 Proposals for disposal of waste that is not generally acceptable for near-surface disposal because the waste form and disposal methods must be different, and in general more stringent than those specified for Class C waste may be submitted to the Department for approval.
14.25.2 Reserved
RH 14.26 Environmental Monitoring.
14.26.1 At the time a license application is submitted, the applicant shall have conducted a preoperational monitoring program to provide basic environmental data on the disposal site characteristics. The applicant shall obtain information about the ecology, meteorology, climate, hydrology, geology, geochemistry, and seismology of the disposal site. For those characteristics that are subject to seasonal variation, data must cover at least a twelve month period.
14.26.2 During the land disposal facility site construction and operation, the licensee shall maintain an environmental monitoring program. Measurements and observations must be made and recorded to provide data to evaluate the potential health and environmental impacts during both the construction and the operation of the facility and to enable the evaluation of long-term effects and the need for mitigative measures. The monitoring system must be capable of providing early warning of releases of waste from the disposal site before they leave the site boundary.
14.26.3 After the disposal site is closed, the licensee responsible for post-operational surveillance of the disposal site shall maintain a monitoring system based on the operating history and the closure and stabilization of the disposal site. The monitoring system must be capable of providing early warning of releases of waste from the disposal site before they leave the site boundary.
14.26.4 The licensee shall have plans for taking corrective measures if the environmental monitoring program detects migration of waste which would indicate that the performance objectives may not be met.
RH 14.27 Alternative Requirements for Design and Operations. The Department may, upon request or on its own initiative, authorize provisions other than those set forth in RH 14.24 through 14.26 for the segregation and disposal of waste and for the design and operation of a land disposal facility on a specific basis, if it finds reasonable assurance of compliance with the performance objectives of this part.
RH 14.28 Institutional Requirements.
14.28.1 Land Ownership. Disposal of waste received from other persons may be permitted only on land owned in fee by the federal or a state government.
14.28.2 Institutional Control. The land owner or custodial agency shall conduct an institutional control program to physically control access to the disposal site following transfer of control of the disposal site from the disposal site operator. The institutional control program shall also include, but not be limited to, conducting an environmental monitoring program at the disposal site, periodic surveillance, minor custodial and other requirements as determined by the Department; and administration of funds to cover the costs for these activites. The period of controls will be determined by the Department, but controls may not be relied upon for more than 100 years following transfer of control of the disposal site to the owner. RH 14.29 Alternative Requirements for Waste Classification and Characteristics. The Department may, upon request or on its own initiative, authorize other provisions for the classification and characteristics of waste on a specific basis, if, after evaluation of the specific characteristics of the waste, disposal site, method of disposal, it finds reasonable assurance of compliance with the performance objectives specified in this part.
Financial Assurances RH 14.30 Applicant Qualifications and Assurances.
Each applicant shall show that it either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds, or by a combination of the two, to cover the estimated costs of conducting all licensed activities over the planned operating life of the project, including costs of construction and disposal.
RH 14.31 Funding for Disposal Site Closure and Stabilization.
14.31.1 The applicant shall provide assurances prior to the commencement of operations that sufficient funds will be available to carry out disposal site closure and stabilization, including: (1) decontamination or dismantlement of land disposal facility structures; and (2) closure and stabilization of the disposal site so that following transfer of the disposal site to the site owner, the need for ongoing active maintenance is eliminated to the extent practicable and only minor custodial care, surveillance, and monitoring are required. These assurances shall be based on Department-approved cost estimates reflecting the Department-approved plan for disposal site closure and stabilization. The applicant's cost estimates must take into account total costs that would be incurred if an independent contractor were hired to perform the closure and stabilization work.
14.31.2 In order to avoid unnecessary duplication and expense, the Department will accept financial sureties that have been consolidated with earmarked financial or surety arrangements established to meet requirements of federal or other state agencies for such decontamination, closure and stabilization. The Department will accept these arrangements only if they are considered adequate to satisfy the requirements of RH 14.31 and that the portion of the surety which covers the closure of the disposal site is clearly identified and committed for use in accomplishing these activities.
14.31.3 The licensee's financial surety arrangement shall be submitted annually for review by the Department to assure that sufficient funds will be available for completion of the closure plan.
14.31.4 The amount of the licensee's financial surety arrangement shall change in accordance with changes in predicted costs of closure and stabilization. Factors affecting closure and stabilization cost estimates include: inflation, increases in the amount of disturbed land, changes in engineering plans, closure and stabilization that has already been accomplished, and any other conditions affecting costs. The financial or surety arrangement shall be sufficient at all times to cover the costs of closure and stabilization of the disposal units that are expected to be used before the next license renewal.
14.31.5 The financial or surety arrangement shall be written for a specified period of time and shall be automatically renewed unless the person who issues the surety notifies the Department, the beneficiary (the site owner), and the principal (the licensee) not less than 90 days prior to the renewal date of its intention not to renew. In such a situation the licensee must submit a replacement surety within 30 days after notification of cancellation. If the licensee fails to provide a replacement acceptable to the Department, the beneficiary may collect on the original surety arrangement.
14.31.6 Proof of forfeiture shall not be necessary to collect the surety so that in the event that the licensee could not provide an acceptable replacement surety within the required time, the surety shall be automatically collected prior to its expiration. The conditions described above shall be clearly stated on any surety instrument.
14.31.7 Financial or surety arrangements generally acceptable to the Department include: surety bonds, cash deposits, certificates of deposit, deposits of government securities, escrow accounts, irrevocable letters or lines of credit, trust funds, and combinations of the above or such other types of arrangements as may be approved by the Department. Self-insurance, or any arrangement which essentially constitutes self-insurance shall not satisfy the surety requirement for private sector applicants.
14.31.8 The licensee's financial surety arrangement shall remain in effect until the closure and stabilization program has been completed and approved by the Department, and the license has been transferred to the site owner.
RH 14.32 Financial assurances for institutional controls.
14.32.1 Prior to the issuance of the license, the applicant shall provide a binding arrangement for Department approval, between the applicant and the disposal site owner that ensures that sufficient funds will be available to cover the costs of monitoring and any required maintenance during the institutional control period. The binding arrangement shall be reviewed annually by the Department to ensure that changes in inflation, technology, and disposal facility operations are reflected in the arrangements.
14.32.2 Subsequent changes to the binding arrangement specified in RH 14.32.1 relevant to institutional control shall have prior approval by the Department.
Records, Reports, Tests, and Inspections RH 14.33 Maintenance of Records, Reports, and Transfers.
14.33.1 Each licensee shall maintain any records and make any reports in connection with the licensed activities as may be required by the conditions of the license or by the rules, regulations, and orders of the Department.
14.33.2 Records which are required by these regulations or by license conditions shall be maintained for a period specified by the appropriate regulations or by license condition. If a retention period is not otherwise specified, these records must be maintained and transferred to the officials specified in RH 14.33.4 as a condition of license termination unless the Department otherwise authorizes their disposition.
14.33.3 Records which shall be maintained pursuant to this part may be the original or a reproduced copy or microfilm if this reproduced copy or microfilm is capable of producing copy that is clear and legible at the end of the required retention period.
14.33.4 Notwithstanding RH 14.33.1 through 14.33.3, copies of records of the location and the quantity of wastes contained in the disposal site must be transferred upon license termination to the chief executive of the nearest municipality, the chief executive of the county in which the facility is located, the county zoning board or land development and planning agency, the state governor and other local, state and federal governmental agencies as designated by the Department at the time of license termination.
14.33.5 Following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date that the shipment is received at the disposal facility, the date of disposal of the waste, a traceable shipment manifest number, a description of any engineered barrier or structural overpack provided for the disposal of the waste, the location of disposal at the disposal site, the containment integrity of the waste disposal containers as received, any discrepancies between materials listed on the manifest and those received, the volume of any pallets, bracing, or other shipping or onsite generated materials that are contaminated, and are disposed of as contaminated or suspect materials, and any evidence of leaking or damaged disposal containers or radiation or contamination levels in excess of limits specified in the U.S. Department of Transportation and Department regulations. The licensee shall briefly describe any repackaging operations of any of the disposal containers included in the shipment, plus any other information required by the Department as a license condition. The licensee shall retain these records in accordance with RH 3.15.4 until the license that authorizes the activities described in this section is transferred or terminated.
14.33.6 Each licensee authorized to dispose of waste received from other persons shall file a copy of its financial report or a certified financial statement annually with the Department in order to update the information base for determining financial qualifications.
14.33.7 Annual Reports.
14.33.7.1 Each licensee authorized to dispose of waste received from other persons, pursuant to this part, shall submit annual reports to the Department. Reports shall be submitted by the end of the first calendar quarter of each year for the preceeding year.
14.33.7.2 The reports shall include:
14.33.7.3 If the quantities of waste released during the reporting period, monitoring results, or maintenance performed are significantly different from those predicted, the report must cover this specifically.
14.33.8 In addition to the other requirements of this section, the licensee shall store, or have stored, manifest and other information pertaining to receipt and disposal of radioactive waste in an electronic recordkeeping system.
14.33.8.1 The manifest information that must be electronically stored is:
14.33.8.2 As specified in facility license conditions, the licensee shall report the stored information, or subsets of this information, on a computer readable medium. RH 14.34 Tests on Land Disposal Facilities.
Each licensee shall perform, or permit the Department to perform, any tests the Department deems appropriate or necessary for the administration of the regulations in this part, including, but not limited to, tests of:
14.34.1 Wastes;
14.34.2 Facilities used for the receipt, storage, treatment, handling or disposal of wastes;
14.34.3 Radiation detection and monitoring instruments; and
14.34.4 Other equipment and devices used in connection with the receipt, possession, handling, treatment, storage, or disposal of waste.
RH 14.35 Agency Inspections of Land Disposal Facilities.
14.35.1 Each licensee shall afford to the Department at all reasonable times opportunity to inspect radioactive waste not yet disposed of, and the premises, equipment, operations, and facilities in which wastes are received, possessed, handled, treated, stored, or disposed.
14.35.2 Each licensee shall make available to the Department for inspection, upon reasonable notice, records kept by it pursuant to these regulations. Authorized representatives of the Department may copy and take away copies of, for the Department's use, any record required to be kept pursuant to these regulations.
PART XV : COLORADO LOW-LEVEL RADIOACTIVE WASTE RATE REGULATIONS COLORADO LOW-LEVEL RADIOACTIVE WASTE RATE REGULATIONS RH 15.1 Authority.
These regulations are promulgated in accordance with 24-60-2212 C.R.S. 1982. In the event of conflict between these rules and 24-60-2212, C.R.S. 1982, the latter shall control. RH 15.2 Basis and Purpose.
The basis and purpose of these regulations is to achieve, in the application of these regulations pursuant to the requirements stated herein, just and reasonable rates for the management of low-leves radioactive waste at facilities. The regulations are intended to effect the legislative intent of Section 24-60-2212, C.R.S. 1982, prescribing the powers and duties of the Board of Health as the designated agency responsible for regulating low-level radioactive waste management charges at facilities in the State. The rationale for these regulations as promulgated herein is to establish a regulatory scheme based upon that employed for the regulation of public utilities rates.
RH 15.3 Amendment of Rules.
These rules may be amended at any time by the Board of Health as provided by law. RH 15.3 Definitions.
As used in these rules, the following words shall have meaning indicated unless context otherwise requires.
“Board” means Board of Health of the State of Colorado. “Closure” means those actions that are taken upon completion of operations to prepare the facility for custodial care and that assure that the facility will remain stable and will not need ongoing active maintenance as defined in RH 14.2.
“Facility” means a low-level radioactive waste facility capable of serving as a regional disposal or management site in compliance with all pertinent federal and state laws and rules and regulations and which also complies with the provisions of the “Rocky Mountain Low-Level Radioactive Waste Compact” set forth in 24-60-2212, C.R.S. 1982 “Management” means collection, consolidation, storage, treatment, incineration or disposal. “Normalization” is the requirement that a company reflect in its financial accounting income statement a deferred tax so that the entire federal income tax is equal to that which the company normally would have had to pay if it had chosen to use straight-line depreciation for tax purposes as well as for financial accounting.
“Reasonable cost” means a cost which in its nature or amount does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
“Straight-line basis” is the distribution of the depreciable cost of an asset in equal amounts over its useful life.
Rate Review and Approval Process RH 15.5 Rate Review and Approval Process The licensee shall establish a schedule of rates for the management of low-level radioactive waste subject to approval by the Board, pursuant to 24-60-2212(3)(2), C.R.S. 1982 and in accordance with the procedures set forth in these regulations as follows:
15.5.1 The licensee shall file with the Board, at least sixty days prior to the proposed effective date, proposed schedules showing all rates, charges, and classifications collected or enforced or to be collected or enforced, and a filing fee in the amount of $1000. Such rates, when effective, shall be posted and open to public inspection at the facility.
15.5.2 Within ten (10) days of receipt, the Board shall make available for public inspection the filing and supporting information and provide reasonable public notice thereof.
15.5.3 Unless the Board otherwise orders, no change shall be made in any rate, charge, or classification collected or enforced or to be collected or enforced by a facility except after sixty days of filing with the Board. All filings shall be kept open for public inspection with new schedules stating plainly the changes to be made in the schedules then in force and the time when the changes will go into effect.
15.5.4 The Board shall not approve or disapprove a filing without a public hearing. If the Board does not disapprove or schedule a hearing on a filing within sixty (60) days of receipt by the Board, the filing shall automatically become effective.
15.5.5 During the sixty-day (60) review period, the Board may conclude that it is in the public interest to hold a public hearing, or any interested person may request a public hearing by written petition to the Board.
15.5.6 Whenever the Board after a hearing upon its own motion or upon petition finds, based upon the record and investigation by the Board, that the rates or charges, enforced or to be enforced by any facility are unjust, unreasonable, discriminatory, or violative of any provision of law or that such rates, charges, or classifications are insufficient, the Board shall determine the just, reasonable, or sufficient rates, charges, classifications, rules, regulations, or practices to be thereafter observed and in force and shall fix the same by order of the Board.
15.5.7 The Board has the authority, after a hearing upon its own motion or upon complaint, to investigate a single rate, charge, classification, or practice of any facility and to establish new rates, charges, classifications or practices in lieu thereof.
15.5.8 Within ten (10) days of Board approval of the rate schedules or within 10 days after becoming automatically effective, the rate schedules shall be forwarded to the Rocky Mountain Low-Level Radioactive Waste Board for approval pursuant to 24-60-2212, (3)(D), C.R.S. 1982. RH 15.6 The rates for managing low-level radioactive waste at facilities shall remain in effect until modified by the Board upon application by the licensee or upon the Board's own motion or until a new rate application becomes effective automatically pursuant to RH 15.5.
RH 15.7 Initial rates for the facility shall be based on a forecasted twelve (12) month test year which shall include an estimate of the revenues expected to be derived from the projected volume of waste to managed at the facility and the cost projected to be incurred to provide such service associated with the estimated volume of waste to be disposed. If the revenue derived from the actual volume of waste managed differs from the initial projections by 15% after twelve (12) months, the licensee shall petition the Board to adjust the rates to correct for the error in projection.
RH 15.8 Two (2) years after the facility has been operated, the licensee shall petition the Board to determine the rates using a historic test period of no less than twelve (12) continuous months, adjusted for known and certain future expenditures that will be incurred by the licensee which are reasonable and necessary for the operation of the facility.
RH 15.9 In the event the licensee or the board determines that various classes of low-level radioactive waste will be managed at the facility which will impact upon the cost of service, rates shall be designated which best reflect the actual costs incurred in order to manage a particular class of low-level radioactive waste, so that the various classes do not subsidize costs associated with the management of another class of waste.
RH 15.10 When applying for approval of a proposed rate schedule by the Board, the licensee shall submit the following:
15.10.1 Identification including name, location of business, and licensee number;
15.10.2 Proposed rate schedules according to waste classes which may be characterized by chemical, physical form, container type, or by radiation quantity and concentration; and 15.10.3 Estimated allowable expenses and proposed rate of return in accordance with RH 15.17 through 15.20.
RH 15.11 Calculation of the Rates 15.11.1 Rates are based upon the licensee's cost of rendering service to the public.
15.11.2 The two components of cost of service are allowable expenses and return on invested capital. RH 15.12 Allowable expenses Only those expenses which are reasonable and necessary to provide service shall be included in allowable expenses. Allowable expenses may include, but are not limited to the following general categories:
15.12.1 Site operating costs incurred during the daily operation of the facility (labor, supplies, and maintenance costs).
15.12.2 Depreciation expense based on original cost of all buildings and equipment used on the facility computed on a straight line basis for a period extending from the date of purchase to the expected date of closure.
15.12.3 Amortization expense based on the original costs for site acquisition, environmental and geotechnical studies, licensing site development, and administrative and legal expenses incurred prior to the start of site operations, computed on a straight line basis for a period extending from the date such costs and expenses are incurred to the expected date of closure.
15.12.4 Assessments and taxes other than income taxes.
15.12.5 Federal and state income taxes normalized to reflect the taxes that would have been paid had the licensee elected to use straight line depreciation.
15.12.6 Cost of financial assurance required by the Department for facility closure and post-closure monitoring and maintenance pursuant to Parts III and XIV.
15.12.7 State surcharge of one percent of gross revenue and local surcharge of up to two percent of annual gross revenue as provided in 24-60-2212, C.R.S. 1982.
15.12.8 Compact surcharge as authorized in 24-60-2212. C.R.S. 1982
15.12.9 Annual license fee and attendant legal fees pursuant to regulations.
15.12.10 Cost of liability insurance for both sudden and accidental or slow and gradual contamination to people and/or property off site.
15.12.11 Legal fees necessary to the safe operation and management of the facility. RH 15.13 Costs Not Allowed.
The following expenses shall never be allowed as a component of cost of service:
15.13.1 Legislative advocacy expenses, whether made directly or indirectly, including but not limited to legislative advocacy expenses included in professional or trade association dues.
15.13.2 Funds expended in support of political candidates, any political movement or in the promotion of political or religious causes.
15.13.3 Funds expended in support of or membership in social, recreational, fraternal, or religious clubs or organizations.
15.13.4 Funds expended to mail any material containing any of the items mentioned in RH 15.13 through 15.13.3.
15.13.5 Criminal penalties or fines, and civil penalties or fines.
15.13.5 Any other expenditure found by the Board to be unreasonable, unnecessary, or not in the public interest, including but not limited to executive salaries, advertising expenses, legal expenses incurred in suits initiated against the State of Colorado, or the Rocky Mountain Low-Level Radioactive Waste Board, or penalties and interest on overdue taxes. RH 15.14 Return on invested capital .
The return on invested capital is the rate of return multiplied by invested capital (also known as rate base). Invested capital includes the original cost of plant, property and equipment, less accumulated depreciation authorized under these rules and the accumulated amortization expenses associated with start up costs incurred prior to the start of site operations, which were prudently incurred and are used and useful in rendering service to the public. Components to be included in determining the overall rate base are as follows:
15.14.1 Costs incurred prior to the start of site operations, less accumulated amoritization espenses associated with such costs which shall include:
15.14.1.1 Site acquisition costs including but not limited to costs incurred to acquire the site for low-level radioactive waste management.
15.14.1.2 Licensing costs and costs associated with site selection, and the development of any plans, reports, design, manuals or schedules.
15.14.1.3 Site development costs including but not limited to the costs for grading, development of roads, installation of fencing and lighting.
15.14.1.4 Administrative costs and legal fees.
15.14.2 Plant in service, less accumulated depreciation actually incurred and as reported on federal and state income tax returns.
15.14.3 Working capital, which shall include:
15.14.3.1 Reasonable inventories of materials, and supplies held specifically for purposes of permitting efficient operation of the facility.
15.14.3.2 Reasonable prepayments for operating expenses.
RH 15.15 Rate of Return.
The Board shall allow the licensee an opportunity to earn a reasonable return on its invested capital and shall fix the rate of return in accordance with the following principles:
15.15.1 The return should be sufficient to assure confidence in the financial soundness of the facility and should be adequate, under efficient management, to maintain and support its credit and enable it to raise the money necessary for proper discharge of its public duties. A rate of return may be reasonable at one time and become too high or too low by changes affecting opportunities for investment, the money market, inflation, deflation, the growth rate of the sevice area, business conditions generally and the need for the facility to attract necessary capital.
15.15.2 The Board shall consider the risks associated with the unique character of this facility and the risks which the licensee must incur in order to establish, operate and maintain the facility. In evaluating these risks, the Board may consider such factors as the amount of capital expended and required to establish the facility, the potential liability which the licensee incurs while operating the facility, the potential liability the licensee may incur after closure, and whether the licensee is a small business which is not a public corporation or whether the licensee is a public corporation, and whether the licensee operates the facility as its sole business rather than a portion of a larger business.
Rate Review Documentation RH 15.16 For puprose of verifying the rate base upon which rates have been proposed or established, including any rate base changes affecting the calculation of proposed rates, the licensee shall supply the following reports and records to the Department.
15.16.1 Semiannual reports of all allowable costs to operate the facility.
15.16.2 Semiannual reports on the quantity of waste managed at the facility.
15.16.3 An annual financial report which includes complete data on the rates charged for each type of waste managed at the facility, all surcharges collected and paid by the licensee, the actual return on invested capital received by the licensee, and the data used or proposed to be used by the licensee in the calculation of the rate base and/or rates for the facility. This report shall be due within three months after the close of the licensee's fiscal year. RH 15.17 All contracts made by the licensee which require payments by the licensee of five percent or more of the latest annual reported gross revenue shall require that an independent audit report be made available to the Board.
RH 15.18 The books and records supporting the reports referred to in this part shall be maintained in a form capable of review and audit by the Board or its staff, and the Board or its staff shall have the right to inspect these books and records.
RH 15.19 All documents submitted pursuant to these rules which are proprietary, private or confidential shall be so identified by the applicant or licensee or any parties who apply to become the licensee of the facility. The Board may issue such protective orders as are necessary to protect such proprietary, private or confidential material, subject to the provisions of 24-72-204, C.R.S. 1982.