Section 0400-20-11-.09 - STANDARDS FOR ISSUANCE(1) 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 the issuance of the license will not constitute a risk to the health and safety of the public greater than risks from other industries, and: (a) The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and property.(b) The applicant's proposed disposal site, disposal site design, land disposal facility operations (including equipment, facilities and procedures), disposal site closure and postclosure institutional control protect the public health and safety in that they provide assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in paragraph (2) of Rule 0400-20-11-.16.(c) The applicant's proposed disposal site, disposal site design, land disposal facility operations (including equipment, facilities and procedures), disposal site closure and postclosure institutional control protect the public health and safety in that they provide assurance that individual inadvertent intruders are protected in accordance with the performance objective in paragraph (3) of Rule 0400-20-11-.16.(d) The applicant's proposed land disposal operations, including equipment, facilities and procedures, protect the public health and safety in that they will provide assurance that the standards for radiation protection set out in Chapter 0400-20-05 will be met.(e) The applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure and postclosure institutional control protect the public health and safety in that they will provide 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.(f) The applicant's demonstration provides assurance that the applicable technical requirements of this Chapter will be met.(g) The applicant's proposal for institutional control provides assurance that institutional control will be provided for the length of time found necessary to ensure the findings in subparagraphs (b) through (e) of this paragraph and that the institutional control meets the requirements of paragraph (10) of Rule 0400-20-11-.17.(h) The information on financial assurance meets the requirements of this Chapter and Chapter 0400-20-10.(i) Any additional information submitted as requested by the Department pursuant to paragraph (6) of Rule 0400-20-11-.08, is adequate.(2) Conditions of licenses. (a) A license issued under this Chapter or any right thereunder, may be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, only if the Department finds, after securing full information, that the transfer is in accordance with the provisions of Tennessee Code Annotated Title 68 Chapter 202 and gives its consent in writing in the form of a license amendment.(b) The licensee shall submit written statements under oath upon request of the Department, at any time before termination of the license, to enable the Department to determine whether or not the license should be modified, suspended or revoked.(c) The license will be transferred to the site owner only on the full implementation of the final closure plan as approved by the Department, including postclosure monitoring and maintenance.(d) The licensee shall be subject to the provisions of T.C.A. §§ 68-202-201 et seq. now or hereafter in effect, and to all rules, regulations, and orders of the Department. The terms and conditions of the license are subject to amendment, revision or modification, by reason of amendments to or by reason of rules, regulations and orders issued in accordance with the terms of T.C.A. Title 68, Chapter 202.(e) Any license may be revoked, suspended or modified in whole or in part for any material false statement in the application or because of conditions revealed by any application or statement of fact or any report, record, or inspection or other means which would warrant the Department to refuse to grant a license to the original application, or for failure to operate the facility in accordance with the terms of the license, or for any violation of, or failure to observe any of the terms and conditions of the Act, or any rule, regulation, license or order of the Department.(f) Each person licensed by the Department pursuant to the regulations in this Chapter shall confine possession and use of materials to the locations and purposes authorized in the license.(g) No radioactive waste may be disposed of until the Department has inspected the land disposal facility and has found it to be in conformance with the description, design and construction described in the application for a license.(h) The Department may incorporate in any license at the time of issuance, or thereafter, additional requirements and conditions with respect to the licensee's receipt, possession and disposal of radioactive material as it deems appropriate or necessary in order to:1. Protect health and property;2. Require reports and the keeping of records and to provide for inspections of activities under the license that may be necessary or appropriate to effectuate the purposes of the Act and regulations thereunder.(i) The authority to dispose of wastes expires on the date stated in the license except as provided in paragraph (1) of Rule 0400-20-11-.11.(3) Changes. (a) Except as provided for in specific license conditions, the licensee shall not make changes in the land disposal facility or procedures described in the license application. The license will include conditions restricting subsequent changes to the facility and the procedures authorized which are important to public health and safety. These license restrictions will fall into categories of descending importance to public health and safety as follows:1. Those features and procedures which may not be changed without 60 days prior notice to the Department and prior Department approval; and2. Those features and procedures which may not be changed without 60 days prior notice to the Department. Features and procedures falling in this category may not be changed without prior Department approval if the Department, after having received the required notice, so orders.(b) Changes in procedures contained in requests for amendments to authorize site closure, license transfer or license termination shall be included in part (a)1 of this paragraph.Tenn. Comp. R. & Regs. 0400-20-11-.09
Original rule filed February 22, 2012; effective May 22, 2012.Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.