SECTION .1500 ‑ LICENSES FOR DISPOSAL SITE ACCESS

 

10A NCAC 15 .1501          PURPOSE AND SCOPE

(a)  This Section establishes the procedures, criteria, and terms and conditions upon which the agency issues site access licenses required pursuant to the provisions of G.S. 104E‑10.3 and G.S. 104E‑27.

(b)  No person shall transfer waste to a disposal facility located in North Carolina unless such person holds a valid site access license issued by the agency pursuant to the rules in this Section.

(c)  The agency shall issue a site access license to an applicant only after the agency determines that the applicant:

(1)           has implemented best management practices, including prevention, minimization, reduction, segregation and hold‑for‑decay storage as required by the rules in this Section; and

(2)           is reducing waste volume to the extent technologically and economically feasible.

(d)  Site access licenses issued pursuant to the rules in this Section shall authorize access only to disposal facilities operated pursuant to the provisions of G.S. 104G and licensed pursuant to the rules in Section .1200 of this Chapter.  Upon issuance of a site access license pursuant to the rules in this Section, the agency shall certify to the North Carolina Low‑Level Radioactive Waste Management Authority that a generator is reducing waste volume to the extent technologically and economically feasible.

(e)  Nothing in this Section or in site access licenses issued pursuant to this Section shall relieve any person from responsibility for complying with the conditions of the applicant's existing license for the possession and use of radioactive materials or any applicable requirements in the other sections of this Chapter or in state and federal laws and regulations, including, but not limited to, those of the U.S. Department of Transportation, the U.S. Nuclear Regulatory Commission, the North Carolina Department of Transportation, the Southeast Interstate Low‑Level Radioactive Waste Management Compact, and the North Carolina Low‑Level Radioactive Waste Management Authority.

(f)  The rules in this Section are applicable to generators, collectors and processors of low‑level radioactive waste which will be transferred to a low‑level radioactive waste disposal  facility located within the State of North Carolina for disposal.

(g)  The rules in this Section are applicable to those waste forms deemed acceptable according to the North Carolina low‑level radioactive disposal facility license as issued by the agency. The rules in this Section shall not be construed to authorize the disposal of any waste that is not authorized for disposal under Section .1200 of this Chapter.

(h)  The agency shall not issue any site access license prior to January 1, 1995 or prior to the agency issuing an operating license for a low‑level radioactive waste disposal facility in North Carolina pursuant to Section .1200 of this Chapter, whichever is the later.

 

History Note:        Authority G.S. 104E‑10.3; 104E‑27;

Eff. January 1, 1995;

Transferred and Recodified from 15A NCAC 11 .1501 Eff. February 1, 2015.