Section 0400-20-11-.19 - RECORDS, REPORTS, TESTS AND INSPECTIONS(1) Maintenance of records, reports and transfers. (a) Each licensee shall maintain any records and make any reports in connection with the licensed activities as may be required by the conditions of the license or by the rules, regulations, and orders of the Department. .(b) Records which are required by the regulations or by license conditions must be maintained for a period specified by the appropriate regulations or by license condition. If a retention period is not otherwise specified, these records must be maintained and transferred to the officials specified in subparagraph (e) of this paragraph as a condition of license termination unless the Department otherwise authorizes their disposition.(c) Records which must be maintained may be the original or a reproduced copy or microfilm if this reproduced copy or microfilm is capable of producing copy that is clear and legible at the end of the required retention period.(d) If there is a conflict between the Department regulations, license condition, or other written Department approval or authorization pertaining to the retention period of the same type of record, the longest retention period specified takes precedence.(e) Notwithstanding subparagraphs (a) through (d) of this paragraph, copies of records of the location and the quantity of radioactive wastes contained in the disposal site must be transferred upon license termination to the chief executive of the nearest municipality, the chief executive of the county in which the facility is located, the county zoning board or land development and planning agency, the State governor and other State and local governmental agencies as designated by the Department at the time of license termination.(f) Following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date of disposal of the waste, the location in the disposal site, the condition of the waste packages as received, any discrepancies between materials listed on the manifest and those received, and any evidence of leaking or damaged packages or radiation or contamination levels in excess of limits specified in U.S. Department of Transportation and Department regulations. The licensee shall briefly describe any repackaging operations of any of the waste packages included in the shipment, plus any other information required by the Department as a license condition.(g) Each licensee authorized to dispose of radioactive waste received from other persons shall file a copy of its financial report or a certified financial statement annually with the Department in order to update the information base for determining financial assurances.(h) Reports shall be submitted by the end of the first calendar quarter of each year for the preceding year. The reports shall include:1. Specification of the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in airborne effluents during the preceding year;2. The results of the environmental monitoring program;3. A summary of licensee disposal unit survey and maintenance activities;4. A summary, by waste class, of activities and quantities of radionuclides disposed of;5. Any instances in which observed site characteristics were significantly different from those described in the application for a license; and6. Any other information the Department may require. If the quantities of radioactive materials released during the reporting period, monitoring results or maintenance performed are significantly different from those expected in the materials previously reviewed as part of the licensing action, the report must cover this specifically.
(i) Any transfer of radioactive materials by the licensee is subject to the requirements in these rules.(2) Tests at land disposal facilities.(a) Each licensee shall perform, or permit the Department to perform if the Department requests, any tests as the Department deems appropriate or necessary for the administration of these regulations, including tests of:1. Radioactive wastes and facilities used for the receipt, storage, treatment, handling and disposal of radioactive wastes,2. Radiation detection and monitoring instruments; and3. Other equipment and devices used in connection with the receipt, possession, handling, treatment, storage or disposal of radioactive waste.(3) Inspections of land disposal facilities. (a) Each licensee shall afford to the Department at all reasonable times opportunity to inspect radioactive waste not yet disposed of, and the premises, equipment, operations and facilities in which radioactive wastes are received, possessed, handled, treated, stored or disposed of.(b) Each licensee shall make available to the Department for inspection, upon reasonable notice, records kept by it pursuant to these rules. Authorized representatives of the Department may copy and take away copies of, for the Department's use, any record kept pursuant to achieving compliance with these rules.Tenn. Comp. R. & Regs. 0400-20-11-.19
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.