Section 120.801 - Purpose and Scope(A)105 CMR 120.800 establishes procedures, performance objectives, criteria, terms and conditions governing the issuance of licenses for the treatment, storage or disposal of low-level radioactive wastes received from other persons, as well as the development, operation, closure, post-closure observation and maintenance, and institutional control of a low-level radioactive waste treatment, storage or disposal facility. The requirements of 105 CMR 120.800 are in addition to, and not in substitution for, other applicable requirements of 105 CMR 120.000.(B)105 CMR 120.800 is applicable to any low-level radioactive waste facility for treatment, storage, or disposal of all classes of waste, which are not exempt from regulation pursuant to 105 CMR 120.200 as well as any wastes that the Board has required to be treated, stored or disposed of at a low-level radioactive waste facility.(C)105 CMR 120.800 is applicable to any method of treatment, storage or disposal except shallow land burial, as defined in 105 CMR 120.803. Shallow land burial is prohibited.(D) Class A, B, C, as defined in 105 CMR 120.200, and mixed waste may be accepted for storage, treatment or disposal at a facility, if the Board so determines. Waste received at a facility shall be handled in accordance with the operational requirements of 105 CMR 120.800.(E) Any facility licensed pursuant to 105 CMR 120.800 may also accept NARM waste if the Board so determines. The limits of the quantities and concentrations of such NARM waste that may be accepted shall be specified as part of the waste acceptance criteria to be determined by the Board. (F) No waste shall be acceptable for storage, treatment or disposal at a facility if either the Operator or the Department has reason to believe that the waste, as originally generated, was not radioactive. Acceptance of such waste shall be subject to penalty. (G) No waste shall be accepted from an electric-power-generating facility if such waste requires regulations more stringent than the most stringent management required for any waste that may be accepted at the facility from another generator. (H) In addition to the requirements of 105 CMR 120.800 all facility operations are subject to the requirements of 105 CMR 120.001, 120.100, 120.200 and 120.750. If a conflict in 105 CMR 120.000 exists, the more stringent provision shall apply. (I)105 CMR 120.800 does not authorize the treatment, storage or disposal of byproduct material as defined in 105 CMR 120.005: Byproduct Material in quantities greater than 10,000 kilograms containing more than five millicuries of radium-226. Nor do they apply to the disposal of radioactive material as provided for in 105 CMR 120.200.Amended by Mass Register Issue 1307, eff. 2/26/2016.Amended by Mass Register Issue 1373, eff. 9/7/2018.