N.Y. Comp. Codes R. & Regs. tit. 6 § 383-8.4

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

Section 383-8.4 - Receipt, inspection, and acceptance of waste

(a) Receipt of waste.

(1) No waste may be received at the land disposal facility until:

(i) the department receives from the permittee the construction certification reports required by section 383-7.2(f) of this Part for those major phases of construction that must be completed for operation of the facility, as defined in the permit;

(ii) the department inspects the facility, finds it to be in conformance with the permit, and so notifies the permittee in writing;

(iii) all facility personnel have successfully completed their initial training in accordance with the personnel training program required by section 383- 3.4(a)(2)(iii) of this Part and the site safety and emergency response plan as required by section 383-12.2(b)(11) of this Part; and

(iv) the financial assurance instruments or methods included in the permit are in full force and effect.

(2) The permittee must receive waste in a designated receiving area physically separated from other on-site activities to prevent the mixing of such waste with waste that has been accepted for disposal.

(3) The permittee must develop and implement procedures for scheduling, at least 24 hours in advance, the receipt of waste shipments at the land disposal facility. When any shipment or part of a shipment has not been received within 24 hours after the scheduled time of receipt, the permittee must immediately notify the department and the radioactive materials licensee who last possessed the waste.

(4) Waste shipments must be accompanied by a complete and valid manifest as required by Part 381 of this Title. Waste transporters must possess a valid permit as required by Part 381 of this Title.

(5) After receipt, and prior to acceptance of a waste shipment, the permittee must verify by visual inspection that all portions of the manifest, except that portion to be filled out by the permittee, are complete and that the number of waste packages, the identification on the waste packages (manifest number and waste classification), and the description of the waste packages correspond to the information contained on the manifest.

(6) All discrepancies between the waste items listed on the manifest and the items received must be noted on the manifest. Missing items must be reported as required by paragraph (3) of this subdivision. If the discrepancies cannot be resolved within 15 days after receiving the shipment, the permittee must notify the department, in writing, and include a copy of the manifest and all continuation sheets (with notations). If the discrepancies cannot be resolved within 30 days after receiving the shipment, the permittee must cause the waste to be returned to the generator or broker, unless the department directs otherwise.

(7) The permittee must maintain copies of manifests as required by section 383- 13.2 of this Part.

(b) Inspection and testing of waste.

(1) The permittee must develop and implement a waste inspection and testing program designed and implemented to provide:

(i) an effective deterrent to the shipment of unacceptable waste to the land disposal facility; and

(ii) reasonable assurance that waste accepted for disposal meets the requirements of the permit, this Part, and Parts 381 and 382 of this Title.

(2) The waste inspection and testing program must include the surveying of all waste packages with appropriate radiation detection instruments to detect surface contamination and to measure radiation levels.

(3) The waste inspection and testing program must include the X-raying of all Class A waste packages, except those in casks, to detect waste and waste forms that are not in compliance with this Part and Part 382 of this Title. The permittee must videotape all X-ray inspections and retain all videotapes as required by section 383-13.2 of this Part.

(4) The waste inspection and testing program must include the following procedures:

(i) monitoring, sampling, and analysis of waste packages selected as required by paragraph (5) of this subdivision, to verify the information presented on the manifest and to determine compliance with the applicable requirements of this Title and the permit; and

(ii) other, nondestructive testing and inspection methods to be applied to waste packages selected as required by paragraph (5) of this subdivision. These may include measures such as comparing the weight of the waste package with the waste description on the manifest, comparing waste characteristics with information about the generator's processes, and isotopic gamma analysis of external radiation fields.

(5) The procedures described in paragraph (4) of this subdivision must be selected and applied to waste received, as appropriate for the waste, considering its class, form, packaging, and any other relevant characteristics and the requirement in section 382.13 of this Title to keep radiation exposures during operation as low as reasonably achievable.

(6) At least one of the procedures described in paragraph (4) of this subdivision must be applied to waste received at the land disposal facility, at the following frequency:

(i) one waste package from at least one shipment in any week during which waste is received;

(ii) one waste package from at least one out of every five shipments received;

(iii) one waste package from each shipment received from any person who has shipped unacceptable waste to the land disposal facility within the past 12 months;

(iv) one waste package from each of the next three shipments received from any person who ships unacceptable waste to the land disposal facility.

(c) Acceptance of waste.

(1) The permittee must not accept waste for disposal unless it is authorized by the permit to accept such waste, it has adequate treatment, storage, and disposal capacity available, and the following criteria are met:

(i) The waste package must be clearly labeled to identify whether the waste is Class A, Class B, or Class C. Waste packages containing mixed waste must be clearly labeled as required by Part 372 of this Title. Waste packages must be clearly labeled to identify the radionuclides and their activity. Waste packages containing special nuclear material must be labeled as such.

(ii) The waste must conform to the information set forth on the manifest accompanying the waste shipment.

(iii) The waste package must be in compliance with all applicable State and Federal regulations for the transport of radioactive material and hazardous wastes including Parts 364, 372, 381, and 382 of this Title.

(iv) Waste must meet the requirements of section 382.81 of this Title, unless the permittee, in accepting the waste for disposal, agrees to treat and/or repackage it to meet the requirements of section 382.81 of this Title.

(v) Waste containing iodine-129 must be accompanied by the results of analyses authorized by the department that were performed to determine the activity of iodine-129 contained in the waste.

(vi) For the disposal of waste authorized by the department in accordance with section 382.83 of this Title, the waste meets the requirements of that authorization.

(2) Only waste containing or contaminated with radioactive material may be disposed of in disposal units at the land disposal facility.

(3) At the time a shipment or any part of a shipment is accepted for disposal, the permittee must date the manifest, sign the appropriate certification on the manifest, give one copy to the transporter, and obtain the remaining copies of the manifest from the transporter.

(4) Within one week of acceptance of a shipment or any part of a shipment, the permittee must send one signed and dated copy of the manifest to the radioactive materials licensee who last possessed the waste and transferred the waste to the permittee.

(5) Within 15 business days of acceptance of a shipment or any part of a shipment, the permittee must send a legible copy of the signed and dated manifest to the New York State Department of Environmental Conservation, Bureau of Radiation, Division of Hazardous Substances Regulation, 625 Broadway, Albany, NY 12233-7255.

(6) Upon acceptance of the waste, the permittee must clearly label each waste package with a unique identification number, which must be used to identify the package throughout the storage, treatment (if any), and disposal operations. This number must be used in all records pertaining to waste packages required by Subpart 383-13 of this Part and in the tracking system required by section 383-8.6(a)(2) of this Subpart.

(7) Following receipt and acceptance of a shipment of waste, the permittee must record the following information:

(i) the date that the shipment was received at the land disposal facility;

(ii) the date of disposal of the waste;

(iii) a unique shipment manifest number;

(iv) the location of disposal at the disposal site;

(v) the volume of any pallet, bracing, or other materials that are included with waste shipments, or are generated from on-site activities, and are disposed of as contaminated or suspect materials;

(vi) the containment integrity of the waste disposal containers as received;

(vii) any discrepancies between materials listed on the manifest and those received;

(viii) any evidence of leaking or damaged packages or radiation or contamination levels in excess of limits specified in Part 381 of this Title;

(ix) a brief description of any repackaging operations of any of the waste packages included in the shipment; and

(x) any other information required by the permit.

(8) The permittee must store the information described in paragraph (7) of this subdivision in the computer recordkeeping system required by section 383- 13.2(h) of this Part.

(9) The permittee must not accept waste or NARM waste from a generator or broker unless the generator of the waste has submitted to the permittee a waste minimization statement. The waste minimization statement must contain an analysis of the potential for reducing the generation of waste and, based on this analysis, a proposed program to reduce the volume and activity of waste produced by the generator. The waste minimization statement must include:

(i) an identification of the amount and type of wastes generated;

(ii) for each waste stream, an identification of the source of these wastes;

(iii) an analysis of technically and economically feasible waste reduction techniques; and

(iv) a waste minimization program and schedule for implementing the feasible waste reduction techniques.

(d) Disposition of waste found unacceptable for disposal at the land disposal facility.

(1) The permittee must return waste not acceptable for disposal to the waste generator or processor, or reprocess and/or repackage it into an acceptable form. Waste returned to the generator must meet the requirements of Federal and state transportation laws and regulations.

(2) The permittee must isolate from all other waste on the site waste awaiting reprocessing, repackaging, or return to the generator or processor.

(3) The permittee must report the receipt of all unacceptable waste in accordance with sections 383-13.3 and 383-13.4 of this Part.

(e) Other regulations. Nothing in this section exempts any person from the requirements of Parts 364 and 372 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 383-8.4