N.Y. Comp. Codes R. & Regs. tit. 6 § 383-12.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 383-12.6 - State and local participation

(a) State agency participation. The applicant must consult with the State Disaster Preparedness Commission in developing the site safety and emergency response plan and must include the recommendations of that commission in the plan.

(b) Local government participation.

(1) The applicant must make a reasonable effort to develop the site safety and emergency response plan with the knowledge, participation, and cooperation of:

(i) the chief executive officers and emergency responders of the municipalities and counties in which the land disposal facility is located; and

(ii) the chief executive officers and emergency responders of the municipalities and counties which may be affected by emergencies which could occur at the land disposal facility.

(2) For the purpose of this section, the department will consider a reasonable effort has been made if the applicant provides the persons identified in paragraph (1) of this subdivision with the following:

(i) copies of the draft site safety and emergency response plan to review;

(ii) 90 days to review and comment on the draft site safety and emergency response plan;

(iii) notification by certified mail, return receipt requested, that the draft site safety and emergency response plan is being provided for review, that comments on the plan are being requested, and the date comments are due;

(iv) an opportunity to meet with the applicant at a mutually agreeable time and location to discuss and review the draft site safety and emergency response plan; and

(v) written responses to all written comments received on the draft site safety and emergency response plan.

(3) The permittee must provide an opportunity for local emergency responders to become familiar with:

(i) the physical layout of the land disposal facility;

(ii) the nature of the wastes handled at the land disposal facility and the associated radiological and other hazards;

(iii) the places where land disposal facility personnel would normally be working;

(iv) the entrances to and roads inside the land disposal facility; and

(v) identified evacuation routes.

(4) The permittee must provide an opportunity for the staff and management of the regional hospital to become informed about the nature of low-level radioactive waste and the treatment of individuals who may be contaminated with radioactive material.

(5) If the applicant demonstrates to the satisfaction of the department that a reasonable effort has been made in accordance with this section, the failure or refusal of any local official or emergency responder to cooperate with the applicant will not be grounds for the denial of the application for a permit.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 383-12.6