10A NCAC 15 .1214          STANDARDS FOR ISSUANCE OF A LICENSE

A license for the receipt, possession, and disposal of waste containing or contaminated with radioactive material shall be issued by the agency upon finding that the issuance of the license and operation of the facility will not constitute an unreasonable risk to the health and safety of the public or have a long‑term detrimental impact on the environment, and that:

(1)           The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that adequately protects public health and minimizes danger to life, property or the environment;

(2)           The applicant's proposed disposal site, disposal design, land disposal facility operations (including equipment, facilities, and procedures), disposal site closure, and postclosure institutional care are adequate to protect the public health and safety in that they provide reasonable assurance that the general population will be protected from releases of radioactivity as specified in this Section;

(3)           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 are adequate to protect the public health and safety in that they will provide reasonable assurance that individual inadvertent intruders are protected in accordance with this Section;

(4)           The applicant's proposed land disposal facility operations (including equipment, facilities, and procedures) are adequate to protect the public health and safety in that they will provide assurance that the standards for radiation protection set out in Section .1600 of this Chapter will be met;

(5)           The applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure, and postclosure institutional control are adequate to protect the public health and safety and the environment in that they will provide reasonable 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;

(6)           The applicant has provided reasonable assurance that the applicable technical requirements of this Section will be met;

(7)           The applicant's proposal for institutional control provides reasonable assurance that such control will be provided for the length of time found necessary to ensure the findings in Items (2) through (5) of this Rule and that the institutional control meets the requirements in this Section;

(8)           The information on financial assurances meets the requirements of this Section;

(9)           Any additional information as requested by the agency pursuant to Rule .0317 of this Chapter is adequate; and

(10)         The requirements of this Section have been met; and

(11)         The applicant proposes a facility to be operated pursuant to G.S. 104G.

 

History Note:        Authority G.S. 104E‑7; 104E‑9(a)(3); 104E‑10(b); 104E‑12; 104E‑13(a); 104E‑18;

104E‑25; 104E‑26;

Eff. December 1, 1987;

Amended Eff. January 1, 1994;

Transferred and Recodified from 15A NCAC 11 .1214 Eff. February 1, 2015.