N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 380-3.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 380-3.5 - Variances

(a) Unless otherwise precluded by law, the Department may, upon its own initiative or upon written application from any person who is subject to this Part, grant a variance from one or more specific provisions of this Part under the conditions set forth in this section.

(b) Every application for a variance must:

(1) be submitted to the Department in writing;

(2) be submitted in conjunction with an application for a permit, where a permit is also required pursuant to this Part;

(3) identify the specific provisions of this Part from which a variance is sought;

(4) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation, tend to impose an unreasonable economic, technological, or safety burden on the person or the public; and

(5) demonstrate that the proposed activity will have no significant adverse impact on the public health and safety and the environment, will be consistent with the provisions of the ECL, and will meet all other provisions of this Part.

(c) An application for a variance to approve proposed procedures to dispose of radioactive material not otherwise authorized by Subpart 380-4 of this Part must also include the following:

(1) a description of the waste containing radioactive material to be disposed of, including the physical and chemical properties relevant to risk evaluation, and the proposed manner and conditions of waste disposal;

(2) an analysis and evaluation of pertinent information on the nature of the environment;

(3) the nature and location of other potentially affected licensed and unlicensed facilities; and

(4) analyses and procedures to ensure that doses are maintained ALARA and within the dose limits in section 380-5.1 of this Part.

(d) In granting any variance under this section, the Department may impose specific conditions necessary to assure that the subject action will have no significant adverse impact on the public health and safety or the environment, including requiring a permit when needed. Failure to comply with such conditions is a violation of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 380-3.5

Amended New York State Register April 25, 2018/Volume XL, Issue 17, eff. 5/10/2018