N.Y. Comp. Codes R. & Regs. tit. 6 § 381.9

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

Section 381.9 - Permitting standards

(a) The department's decision to issue or deny a permit for the transport of low-level radioactive waste shall be based on the following considerations:

(1) The status of any receiving facilities identified in the permit application. No permit shall be issued unless the receiving facility is an authorized facility as defined in section 381.4(c) of this Part.

(2) The compliance status of any receiving facility. A low-level radioactive waste transporter permit may be denied, revoked, suspended or modified if the receiving facility has been determined to have violated any State or Federal law, rule or regulation or permit condition related to the operation of its treatment, storage or disposal facility.

(3) The compliance history and reliability of the applicant. A low-level radioactive waste transporter permit may be denied, revoked, suspended or modified based upon the unsuitability of the applicant as set forth in this section. The department shall not authorize the issuance to, nor holding of permits for low-level radioactive waste transportation by unqualified or unsuitable persons. In addition to any other available grounds, the commissioner may, consistent with the policies of article 23-A of the Correction Law, and the provisions of section 70-0115 of the ECL, deny, suspend, revoke or modify any permit, renewal or modification thereto for the transportation of low-level radioactive waste, after determining in writing that such action is required to protect the public health and safety. Some of the factors which the commissioner may consider in arriving at such determination include:

(i) The permit holder or applicant has been determined in an administrative, civil or criminal proceeding to have violated any provision of article 27 of the ECL, any related order or determination of the commissioner, any regulation promulgated pursuant to such article or the condition of any permit issued thereunder, or any similar statute, regulation, order or permit condition of the Federal or any state government.

(ii) The permit holder or applicant has been denied a permit for the same or substantially similar activity based upon one or more of the provisions of this subdivision or a similar provision of Federal or other state law.

(iii) The permit holder or applicant has been found in a civil proceeding to have committed a negligent or intentionally tortuous act, or has been convicted in a criminal proceeding of a criminal act involving the handling, storing, treating, disposing or transporting of low-level radioactive waste or other regulated waste.

(iv) The permit holder or applicant has been convicted of a criminal offense, under the laws of any state or of the United States, which involves a violent felony offense, fraud, bribery, perjury, theft or an offense against public administration as that term is used in article 195 of the Penal Law.

(v) The permit holder or applicant has in any matter within the jurisdiction of the department knowingly falsified or concealed a material fact, knowingly submitted a false statement or made use of or made a false statement on or in connection with any document or application submitted to the department.

(4) Such permit holder or applicant is either:

(i) an individual who had a substantial interest in or acted as a high managerial agent or director for any corporation, partnership, association or organization which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this Part, if such corporation, partnership, association or organization applied for a permit pursuant to this Part;

(ii) a corporation, partnership, association, organization, or any principal thereof, or any person holding a substantial interest therein, which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this Part, if such corporation, partnership, association or organization applied for a permit pursuant to this Part; or

(iii) a corporation, partnership, association or organization or any high managerial agent or director thereof, or any person holding a substantial interest therein, acting as high managerial agent or director for or holding a substantial interest in another corporation, partnership, association or organization which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this Part had such other corporation, partnership, association or organization applied for a permit under this Part. For the purposes of this subdivision, high managerial agent has the same meaning as is given that term in section 20.20 of the Penal Law.

(5) Any person denied a permit, renewal or modification on the grounds specified in this section shall be entitled to a hearing within 60 days of such denial in the case of a new permit, or within 15 days in the case of a renewal or modification of an existing permit. The conduct of such hearing shall be governed by article 70 of the ECL and regulations promulgated thereunder.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.9