N.M. Code R. § 20.3.13.1334 – Maintenance of Records, Reports and Transfers

A. 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.
B. 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 Subsection D of 20.3.13.1334 NMAC as a condition of license termination, unless the department otherwise authorizes their disposition.
C. Records which shall be maintained pursuant to this part (20.3.13 NMAC) may be the original or a reproduced copy or microfilm if this reproduced copy or microfilm is capable of producing a copy that is clear and legible at the end of the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate and complete records during the required retention period. Records, such as letters, drawings and specifications, must include all pertinent information such as stamps, initials and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.
D. If there is a conflict between the department’s regulations in this part (20.3.13 NMAC), license condition, or other written department approval or authorization pertaining to the retention period for the same type of record, the longest retention period specified takes precedence.
E. Notwithstanding Subsections A through D of 20.3.13.1334 NMAC, the licensee shall record the location and the quantity of radioactive wastes contained in the disposal site and transfer these records 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 state, local, and federal governmental agencies as designated by the department at the time of license termination.
F. 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 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 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 until the department transfers or terminates the license that authorizes the activities described in this section.
G. Each licensee authorized to dispose of radioactive 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.
H. Each licensee authorized to dispose of waste materials received from other persons, pursuant to this part (20.3.13 NMAC), shall submit annual reports to the department. Reports shall be submitted by the end of the first calendar quarter of each year for the preceding year.
(1) The reports shall include:
(a) specification of the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in airborne effluents during the preceding year;
(b) the results of the environmental monitoring program;
(c) a summary of licensee disposal unit survey and maintenance activities;
(d) a summary, by waste class, of activities and quantities of radionuclides disposed of;
(e) any instances in which observed site characteristics were significantly different from those described in the application for a license; and
(f) any other information the department may require.
(2) If the quantities of radioactive materials released during the reporting period, monitoring results, or maintenance performed are significantly different from those expected in the materials previously reviewed as part of the licensing action, the report must specifically address those differences.
I. Any transfer of radioactive materials by the licensee is subject to the requirements in 20.3.3.323 NMAC of these regulations.
J. 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 record keeping system.
(1) The manifest information that must be electronically stored is:
(a) that required in 20.3.4.466 NMAC of these regulations, with the exception of shipper and carrier telephone numbers, and shipper and consignee certifications; and
(b) that information required in Subsection F of 20.3.13.1334 NMAC.
(2) As specified in facility license conditions, the licensee shall report the stored information, or subsets of this information, on a computer-readable medium.
[5-3-95, N, 7-30-99; 20.3.13.1334 NMAC - Rn, 20 NMAC 3.1.13.1334, 04/15/2004]