N.M. Admin. Code § 20.3.13.1309

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.3.13.1309 - 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:

A. the issuance of the license will not constitute an unreasonable risk to the health and safety of the public;

B. the applicant is qualified, by reason of training and experience, to carry out the disposal operations requested in a manner that protects and minimizes danger to life or property;

C. the applicant's proposed disposal site, disposal design, land disposal facility operations, including equipment, facilities and procedures, disposal site closure and post-closure 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 20.3.13.1317 NMAC;

D. the applicant's proposed disposal site, disposal site design, land disposal facility operations, including equipment, facilities and procedures, disposal site closure and post-closure 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 20.3.13.1318 NMAC;

E. 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 20.3.4 NMAC will be met;

F. the applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure and post-closure 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;

G. the applicant's demonstration provides reasonable assurance that the applicable technical requirements of this part (20.3.13 NMAC) will be met;

H. 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 Subsections C through F of 20.3.13.1309 NMAC, and that the institutional control meets the requirements of 20.3.13.1330 NMAC; and

I. the financial or surety arrangements meet the requirements of this part (20.3.13 NMAC) and 20.3.3 NMAC.

N.M. Admin. Code § 20.3.13.1309

5-3-95; 20.3.13.1309 NMAC - Rn, 20 NMAC 3.1.13.1309, 4/15/2004