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TITLE 32: ENERGY CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY SUBCHAPTER d: LOW LEVEL RADIOACTIVE WASTE/TRANSPORTATION

PART 601 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

Section 601.10 Purpose and Scope 601.20 Definitions 601.30 License Required 601.50 Content of Application 601.60 General Information 601.70 Specific Technical Information 601.80 Technical Analyses 601.90 Institutional Information 601.100 Financial Information 601.110 Standards for Issuance of a License 601.120 Conditions of Licenses 601.130 Application for Renewal or Closure 601.140 Contents of Application for Closure 601.150 Post-Closure Observation and Maintenance 601.160 Post-Closure Procedures 601.170 Termination of License 601.180 Performance Objectives - General Requirement 601.190 Performance Objectives - Protection of the General Population from Releases of Radioactivity 601.200 Performance Objectives - Protection of Individuals from Inadvertent Intrusion 601.210 Performance Objectives - Protection of Individuals During Operations 601.220 Performance Objectives - Stability of the Disposal Site After Closure 601.230 Technical Requirements - Disposal Site Suitability Requirements for Land Disposal 601.240 Technical Requirements - Disposal Site Design for Land Disposal 601.250 Technical Requirements - Land Disposal Facility Operation and Disposal Site Closure 601.260 Technical Requirements - Environmental Monitoring 601.270 Technical Requirements - Alternative Requirements for Design and Operations 601.280 Institutional Requirements 601.290 Alternative Requirements for Waste Classification and Characteristics 601.300 Applicant Qualifications and Assurances 601.310 Funding for Disposal Site Closure and Stabilization 601.320 Financial Assurances for Institutional Controls 601.330 Maintenance of Records, Reports, and Transfers 601.340 Tests at Land Disposal Facilities 601.350 Department Inspections of Land Disposal Facilities

AUTHORITY: Implementing and authorized by the Illinois Low-Level Radioactive Waste Management Act (Ill. Rev. Stat. 1985, ch. 111«, pars. 241 et seq.).

SOURCE: Adopted at 10 Ill. Reg. 17465, effective September 25, 1986.

Section 601.10 Purpose and Scope

a) The regulations in this Part establish procedures, criteria, and terms and conditions upon which the Department of Nuclear Safety (Department) issues licenses for the land disposal of radioactive wastes if such disposal is away from the point of generation or if such disposal is of waste which has been received from other persons. Disposal of waste by an individual licensee is set forth in 32 Ill. Adm. Code 340. The requirements of this Part are in addition to, and not in substitution for, the requirements of 32 Ill. Adm. Code 310, 320, 330, 331, 340, 341, 350, 351, and 400.

b) The regulations in this Part do not apply to disposal of licensed material as provided for in 32 Ill. Adm. Code 340.

c) This Part contains procedural requirements and performance objectives applicable to any method of land disposal.

Section 601.20 Definitions

As used in this Part, the following definitions apply:

"Active maintenance" means activity which is needed during the period of institutional control to assure that the performance objectives in Sections 601.190 and 601.200 are met. Such active maintenance includes ongoing activities such as the pumping and treatment of water from a disposal unit or one-time measures such as replacement of a disposal unit cover. Active maintenance does not include custodial activities such as repair of fences, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep such as mowing grass.

"Buffer zone" means a portion of the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the site.

"Chelating agent" means amine polycarboxylic acids, hydroxycarboxylic acids, glucinic acid and polycarboxylic acids.

"Commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a land disposal facility. The term does not mean disposal site exploration, necessary roads for disposal site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the disposal site or the protection of the environment.

"Custodial agency" means an agency of the government designated to act on behalf of the government owner of the disposal site.

"Disposal" means the isolation of radioactive wastes from the biosphere inhabited by persons and their food chains by emplacement in a land disposal facility.

"Disposal site" means that portion of a land disposal facility which is used for disposal of waste. It consists of disposal units and a buffer zone.

"Disposal unit" means a discrete portion of the disposal site into which waste is placed for disposal.

"Engineered barrier" means a man-made structure or device that is intended to improve the land disposal facility's ability to meet the performance objectives in this Part.

"Explosive material" means any chemical compound, mixture, or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame.

"Hazardous waste" means those wastes designated as hazardous by the U.S. Environmental Protection Agency regulations in 40 CFR 261, effective July 1, 1984.

"Hydrogeologic unit" means any soil or rock unit or zone which by virtue of its porosity or permeability, or lack thereof, has a distinct influence on the storage or movement of groundwater.

"Inadvertent intruder" means a person who might occupy the disposal site after closure and engage in normal activities, such as agriculture, dwelling construction, or other pursuits in which an individual might be unknowingly exposed to radiation from the waste.

"Intruder barrier" means a sufficient depth of cover over the waste that inhibits contact with waste and helps to ensure that radiation exposures to an inadvertent intruder will meet the performance objectives set forth in this Part, or engineered structures that provide equivalent protection to the inadvertent intruder.

"Land disposal" - see "Land disposal facility".

"Land disposal facility" means the land, buildings, and equipment which is intended to be used for the disposal of radioactive wastes.

"Monitoring" means observing and making measurements to provide data to evaluate the performance and characteristics of the disposal site.

"Pyrophoric liquid" means any liquid that ignites spontaneously in dry or moist air at or below 130øF (54.5øC). A pyrophoric solid is any solid material, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation, handling, or disposal hazard. Included are spontaneously combustible and water- reactive materials.

"Site closure and stabilization" means those actions that are taken upon completion of operations that prepare the disposal site for custodial care and that assure that the disposal site will remain stable and will not need ongoing active maintenance.

"Stability" means structural stability.

"Surveillance" means monitoring and observation of the disposal site for purposes of visual detection of need for maintenance, custodial care, evidence of intrusion, and compliance with other license and regulatory requirements.

"Waste" means those low-level radioactive wastes that are acceptable for disposal in a land disposal facility. For the purposes of this definition, low-level waste has the same meaning as in the Low-Level Radioactive Waste Policy Act, (P.L. 96-573, as amended by P.L. 99-240, effective January 15, 1986) i.e., radioactive material that (A) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in Section 11 e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and (B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste.

Section 601.30 License Required

a) No person may receive, possess, and dispose of waste received from other persons at a land disposal facility unless authorized by a license issued by the Department pursuant to this Part and 32 Ill. Adm. Code 330.

b) Each person shall file an application with the Department pursuant to 32 Ill. Adm. Code 330.240 and obtain a license as provided in this Part before commencing construction of a land disposal facility. Failure to comply with this requirement shall be grounds for denial of a license.

Section 601.50 Content of Application

In addition to the requirements set forth in 32 Ill. Adm. Code 330.250, an application for a license to receive from others, possess, and dispose of wastes shall consist of general information, specific technical information, institutional information, and financial information as set forth in Sections 601.60 through 601.100.

Section 601.60 General Information

The general information shall include each of the following:

a) Identity and qualifications of the applicant including:

1) The full name, address, telephone number and description of the business or occupation of the applicant;

2) If the applicant is a partnership, the name and address of each partner and the principal location where the partnership does business;

3) If the applicant is a corporation or an unincorporated association:

A) the state where it is incorporated or organized and the principal location where it does business; and

B) the names and addresses of its directors and principal officers;

4) The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise;

5) The technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. Minimum training and experience requirements for personnel filling key positions described in Section 601.60(a)(5) must be provided;

6) A description of the applicant's personnel training program;

7) The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal operations in a safe manner; and

8) If the applicant is acting as an agent or representative of another person in filing the application, all information required under this Section must be supplied with respect to the other person.

b) A description of:

1) The location of the proposed disposal site;

2) The general character of the proposed handling, storage, treatment, and/or disposal activities;

3) The types and quantities of radioactive waste to be received, possessed, and disposed of;

4) Plans for use of the land disposal facility for purposes other than disposal of radioactive wastes; and

5) The proposed facilities and equipment.

c) Proposed schedules for construction, receipt of waste, and first emplacement of waste at the proposed land disposal facility.

Section 601.70 Specific Technical Information

Specific technical information pertaining to site suitability shall be provided to demonstrate that the performance objectives and the applicable technical requirements of this Part will be met:

a) A description of the natural and demographic disposal site characteristics as determined by disposal site selection and characterization activities. The description shall include geologic, geotechnical, hydrologic, meteorologic, climatologic, and biotic features of the disposal site and vicinity.

b) A description of the design features of the land disposal facility and the disposal units. The description shall include design features related to infiltration of water; integrity of covers for disposal units; structural stability of filling material, wastes, and covers; contact of wastes with standing water; disposal site drainage; disposal site closure and stabilization; elimination to the extent practicable of long-term disposal site maintenance; inadvertent intrusion; occupational exposures; disposal site monitoring; and adequacy of the size of the buffer zone for monitoring and potential mitigative measures.

c) An environmental assessment describing the impacts that the disposal site will have on the environment.

d) A description of the principal design criteria and their relationship to the performance objectives.

e) A description of the design basis natural events or phenomena and their relationship to the principal design criteria.

f) A description of codes and standards which the applicant has applied to the design and which will apply to construction of the land disposal facilities. Such standards shall meet local, state and national building code standards.

g) A description of the construction and operation of the land disposal facility. The description shall include as a minimum the methods of construction of disposal units; waste emplacement; the procedures for and areas of waste segregation; types of intruder barriers; onsite traffic and drainage systems; survey control program; methods and areas of waste storage; and methods to control surface water and groundwater access to the wastes. The description shall also include a description of the methods to be employed in the handling and disposal of wastes containing chelating agents or other non-radiological substances that might affect meeting the performance objectives of this Part.

h) A description of the disposal site closure plan, including those design features which are intended to facilitate disposal site closure and to eliminate the need for ongoing active maintenance.

i) An identification of the known natural resources at the disposal site whose exploitation could result in inadvertent intrusion into the low-level wastes after removal of active institutional control.

j) A description of the kind, amount, classification, and specifications of the radioactive material proposed to be received, possessed, and disposed of at the land disposal facility.

k) A description of the quality control program for the determination of natural disposal site characteristics and for quality control during the design, construction, operation, and closure of the land disposal facility and the receipt, handling, and emplacement of waste. Audits and managerial controls must be included.

l) A description of the radiation safety program for control and monitoring of radioactive effluents to ensure compliance with the performance objective in Section 601.190 and occupational radiation exposure to ensure compliance with the requirements of 32 Ill. Adm. Code 340 and to control contamination of personnel, vehicles, equipment, buildings, and the disposal site. Both routine operations and accidents shall be addressed. The program description must include procedures, instrumentation, facilities, and equipment.

m) A description of the environmental monitoring program including the frequency, type, and method of analysis to provide data to evaluate potential health and environmental impacts and the plan for taking corrective measures if migration of radionuclides is indicated.

n) A description of the administrative procedures that the applicant will apply to control activities at the land disposal facility.

Section 601.80 Technical Analyses

The specific technical information shall also include the following analyses needed to demonstrate that the performance objectives of this Part will be met:

a) Pathways analyzed in demonstrating protection of the general population from releases of radioactivity shall include air, soil, groundwater, surface water, plant uptake, and exhumation by burrowing animals. The analyses shall clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses shall assure that the exposures to humans from the release of radioactivity will not exceed the limits set forth in Section 601.190.

b) Analyses of the protection of individuals from inadvertent intrusion will establish that the waste classification and segregation requirements will be met and that barriers to inadvertent intrusion will be provided.

c) Analyses of the protection of individuals during operations shall include assessments of expected exposures due to routine operations and potential accidents during handling, storage, and disposal of waste. The analyses shall assure that exposures will be controlled to meet the requirements of 32 Ill. Adm. Code 340.

d) Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance after closure shall be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses shall assure that there will not be a need for ongoing active maintenance of the disposal site following closure.

Section 601.90 Institutional Information

The institutional information submitted by the applicant shall include:

a) A certification by the Federal or State agency which owns the land that the Department is prepared to accept transfer of the license when the provisions of Section 601.160 are met, and will assume responsibility for custodial care after site closure and post- closure observation and maintenance.

b) Where the proposed disposal site is on land not owned by the Federal or State government, the applicant shall submit evidence that arrangements have been made for assumption of ownership in fee simple absolute by the Department before the Department issues a license.

Section 601.100 Financial Information

The financial information shall demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet all other financial requirements of this Part.

Section 601.110 Standards for Issuance of a License

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:

a) The issuance of the license will not constitute an unreasonable risk to the health and safety of the public;

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

c) The applicant's proposed disposal site, disposal design, land disposal facility operations, including equipment, facilities, and procedures, disposal site closure, and post-closure institutional care will protect the public health and safety in that they provide assurance that the general population will be protected from releases of radioactivity including protection from releases in the public water supply in accordance with the performance objective in Section 601.190;

d) The applicant's proposed disposal site, disposal site design, land disposal facility operations, including equipment, facilities, and procedures, disposal site closure, and post-closure institutional control will protect the public health and safety in that they will provide assurance that inadvertent intruders are protected in accordance with the performance objective in Section 601.200;

e) The applicant's proposed land disposal facility operations, including equipment, facilities, and procedures, will protect the public health and safety in that they will provide assurance that the standards for radiation protection set out in 32 Ill. Adm. Code 340 will be met;

f) The applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure, and post- closure institutional control will 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;

g) The applicant's demonstration provides assurance that the applicable technical requirements of this Part will be met;

h) The applicant's proposal for institutional control shall assure that such control will be provided for the length of time found necessary to ensure the findings in Section 601.110(c) through (f) and that the institutional control meets the requirements of Section 601.280; and

i) The information on financial assurances meets the requirements of Section 601.310.

Section 601.120 Conditions of Licenses

a) A license issued under this Part, or any right thereunder, may not 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, unless the Department finds, after securing full information, that the transfer is in accordance with the provisions of the Radiation Protection Act (Ill. Rev. Stat. 1985, ch. 111«, pars. 211 et seq.), the Illinois Low-Level Radio-active Waste Management Act (Ill. Rev. Stat. 1985, ch. 111«, pars. 241 et seq.) and this Part

and gives its consent in writing in the form of a license amendment.

b) The Department shall have the authority to suspend or revoke a license at any time before the termination of a license. Such action shall only be taken after written notice has been given to the licensee and a hearing has been held in accordance with 32 Ill. Adm. Code 200, except that in the event of an immediate threat to health or safety, the Department may take immediate action pending a final determination in a hearing.

c) No license may be terminated unless the final closure plan is fully implemented as approved by the Department, including post- closure observation and maintenance in accordance with this Part.

d) 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 the Radiation Protection Act and the Illinois Low- Level Radioactive Waste Management Act.

e) Each person licensed by the Department pursuant to the regulations in this Part shall confine possession and use of radioactive materials to the locations and purposes authorized in the license.

f) The licensee shall not dispose of waste until the licensee has received written notification from the Department that 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.

g) The Department may incorporate in any license at the time of issuance, or thereafter, by appropriate rule, regulation or order, additional requirements and conditions with respect to the licensee's receipt, possession, and disposal of waste as it deems appropriate or necessary in order to:

1) Protect health or to minimize danger to life or 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 Radiation Protection Act. the Illinois Low-Level Radioactive Waste Management Act and regulations issued thereunder.

h) The authority to dispose of wastes expires on the date stated in the license. Any expiration date on a license applies only to the site operations activities and to the authority to dispose of waste. Failure to renew the license shall not relieve the licensee of responsibility for carrying out site closure and post- closure observation and transfer of the license to the site owner.

Section 601.130 Application for Renewal or Closure

a) An application for renewal or an application for closure under Section 601.140 must be filed at least 90 days prior to license expiration.

b) Applications for renewal of a license must be filed in accordance with Sections 601.50 through 601.100. Applications for closure must be filed in accordance with Section 601.140. Information contained in previous applications, statements or reports filed with the Department under the license may be incorporated by reference if the references are clear and specific.

c) In any case in which a licensee has filed an application in proper form for renewal of a license, the license does not expire until the Department has taken final action on the application for renewal.

d) In determining whether a license will be renewed, the Department will apply the criteria set forth in Section 601.110.

Section 601.140 Contents of Application for Closure

a) Prior to final closure of the disposal site, the applicant shall submit an application to amend the license for final closure. This final closure application shall include a final revision and specific details of the disposal site final closure plan included as part of the license application submitted under Section 601.70(g) that includes each of the following:

1) Any additional geologic, hydrologic, or other data pertinent to the long-term containment of emplaced wastes obtained during the operational period.

2) The results of tests, experiments, or any other analyses relating to filling material or excavated areas, final closure and sealing, waste migration and interaction with emplacement media, or any other tests, experiments, or analysis pertinent to the long-term containment of emplaced waste within the disposal site.

3) Any proposed revision of plans for:

A) Decontamination and/or dismantlement of surface facilities;

B) Backfilling of excavated areas; or

C) Stabilization of the disposal site for post-closure care.

4) Any new information regarding the environmental impact of final closure activities and long-term performance of the disposal site.

b) Upon review and consideration of an application to amend the license for final closure submitted in accordance with Section 601.140(a), the Department shall issue an amendment authorizing final closure if the licensee provides assurance that the long- term performance objectives of Sections 601.180, 190, 200, 210 and 220 will be met.

Section 601.150 Post-Closure Observation and Maintenance

The licensee shall observe, monitor, and carry out maintenance and repairs at the disposal site until the site closure is complete and the license is trans- ferred by the Department in accordance with Section 601.160. Responsibility for the disposal site must be maintained by the licensee for five (5) years. A longer time period for post-closure observation and maintenance may be required as part of the site closure plan, based upon site-specific conditions.

Section 601.160 Post-Closure Procedures

Following closure and the period of post-closure observation and maintenance, the licensee may apply for an amendment to transfer the custody of the disposal site to the appropriate State or Federal agency. Permission for such transfer shall be contingent upon a finding by the Department:

a) That the closure of the disposal site has been made in conformance with the licensee's disposal site closure plan, as amended and approved as part of the license;

b) That the performance objectives of this Part are met;

c) That any funds and necessary records for care will be transferred to the State or Federal agency which will assume ownership of the disposal site;

d) That the post-closure monitoring program is operational for implementation by the State or Federal agency which will assume responsibility for institutional control of the disposal site; and

e) That the Federal or State agency which will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional requirements found necessary under Section 601.110(h) will be met.

Section 601.170 Termination of License

a) Following the period of institutional control required in accordance with Section 601.150 and upon establishing that the requirements of Section 601.110 have been met, the licensee may apply for an amendment to terminate the license.

b) This application will be reviewed in accordance with the provisions of this Part and 32 Ill. Adm. Code 330.250.

c) A license will be terminated only if the Department finds:

1) That the requirements of 32 Ill. Adm. Code 330.250 and this Part have been met;

2) That the institutional control requirements under Section 601.110(h) have been met; and

3) That any additional requirements resulting from new information developed during the institutional control period have been met and that permanent monuments or markers warning against intrusion have been installed.

Section 601.180 Performance Objectives - General Requirement

Land disposal facilities shall be sited, designed, operated, closed, and controlled after closure to assure that exposures to individuals are within the limits established in the performance objectives in Sections 601.190 through 601.220.

Section 601.190 Performance Objectives - Protection of the General Population from Releases of Radioactivity

Concentrations of radioactive material which may be released to the general environment in ground water, surface water, air, soil, plants, or animals must not result in an annual dose exceeding an equivalent of 25 millirems to the whole body, 75 millirems to the thyroid, and 25 millirems to any other organ of any member of the public. The licensee shall assume initiatives which are necessary to maintain releases of radioactivity in effluents to the general environment as low as is reasonably achievable.

Section 601.200 Performance Objectives - Protection of Individuals from Inadvertent Intrusion

Design, operation, and closure of the land disposal facility shall ensure protection of any individual inadvertently intruding into the disposal site and occupying the site or contacting the waste at any time after active institutional controls over the disposal site are removed.

Section 601.210 Performance Objectives - Protection of Individuals During Operations

Operations at the land disposal facility shall be conducted in compliance with the standards for radiation protection set out in 32 Ill. Adm. Code 340, except for releases of radioactivity in effluents from the land disposal facility, which shall be governed by Section 601.190. The licensee shall assume initiatives which are necessary to maintain radiation exposures as low as is reasonably achievable.

Section 601.220 Performance Objectives - Stability of the Disposal Site After Closure

The disposal facility shall be sited, designed, used, operated, and closed to achieve long-term stability of the disposal site and to eliminate, to the extent practicable, the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring, or minor custodial care is required.

Section 601.230 Technical Requirements - Disposal Site Suitability Requirements for Land Disposal

The following minimum characteristics shall be used in determining a site acceptable for use as a disposal facility:

a) The primary emphasis in disposal site suitability is isolation of wastes, and the disposal site features that ensure that the long- term performance objectives are met.

b) The disposal site shall be capable of being characterized, modeled, analyzed and monitored.

c) Within the region where the facility is to be located, a disposal site shall be selected so that projected population growth and future developments are not likely to affect the ability of the disposal facility to meet the performance objectives of this Part.

d) Areas shall be avoided having known natural resources which, if exploited, would result in failure to meet the performance objectives of this Part.

e) The disposal site shall be generally well drained and free of areas of standing water or flooding or frequent ponding. Waste disposal shall not take place in a 100-year flood plain, as defined in the rules of the Illinois Department of Transportation, 92 Ill. Adm. Code 706, Subpart C.

f) Upstream drainage areas shall be minimized to decrease the amount of runoff which could erode or inundate waste disposal units.

g) The disposal site shall provide sufficient depth to the water table that ground water intrusion, perennial or otherwise, into the waste will not occur. The Department will consider an exception to this requirement to allow disposal below the water table if it can be conclusively shown that disposal site characteristics will result in molecular diffusion being the predominant means of radionuclide movement and the rate of movement will result in the performance objectives being met. In no case will waste disposal be permitted in the zone of fluctuation of the water table.

h) The hydrogeologic unit used for disposal shall not discharge ground water to the surface within the disposal site.

i) Areas shall be avoided where tectonic processes such as faulting, folding, seismic activity, or vulcanism occur with such frequency and to such an extent that they would affect the ability of the disposal site to meet the performance objectives of this Part or

would preclude defensible modeling and prediction of long-term impacts.

j) Areas shall be avoided where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering occur with such frequency and to such an extent that they would affect the ability of the disposal site to meet the performance objectives of this Part, or would preclude defensible modeling and prediction of long-term impacts.

k) The disposal site must not be located where nearby facilities or activities could adversely impact the ability of the site to meet the performance objectives of this Part or significantly mask the environmental monitoring program.

l) The disposal site shall be located so as to minimize impact on traffic flows.

m) The site shall not be located within 1.5 miles of a municipality unless the municipality has given its consent to the siting.

Section 601.240 Technical Requirements - Disposal Site Design for Land Disposal

a) Site design features shall be directed toward long-term isolation and avoidance of the need for continuing active maintenance after site closure.

b) The disposal site design and operation shall be compatible with the disposal site closure and stabilization plan and lead to disposal site closure that assures that the performance objectives will be met.

c) The disposal site shall be designed to complement and improve, where appropriate, the ability of the disposal site's natural characteristics to assure that the performance objectives will be met.

d) Covers shall be designed to minimize to the extent practicable water infiltration, to direct percolating or surface water away from the disposed waste, and to resist degradation by surface geologic processes and biotic activity.

e) Surface features shall direct surface water drainage away from disposal units at velocities and gradients which will not result in erosion that will require ongoing active maintenance in the future.

f) The disposal site shall be designed to minimize to the extent practicable the contact of water with waste during storage, the contact of standing water with waste during disposal, and the contact of percolating or standing water with wastes after disposal.

Section 601.250 Technical Requirements - Land Disposal Facility Operation and Disposal Site Closure

a) Wastes designated as Class A pursuant to 32 Ill. Adm. Code 340.3070 shall be segregated from other wastes by placing in disposal units which are sufficiently separated from disposal units for the other waste classes so that any interaction between Class A wastes and other wastes will not result in the failure to meet the performance objectives of this Part. This segregation is not necessary for Class A wastes if they meet the stability requirements in 32 Ill. Adm. Code 340.3080(b).

b) Wastes designated as Class C pursuant to 32 Ill. Adm. Code 340.3070 shall be disposed of so that the waste is protected by a barrier of a minimum of 5 meters or must be disposed of with intruder barriers that are designed to protect against an inadvertent intrusion for at least 500 years.

c) Except as provided in subsection (l) only waste classified as Class A, B, or C shall be acceptable for disposal. All waste shall be disposed of in accordance with requirements of subsections (d) through (k).

d) Wastes shall be emplaced in a manner that maintains the package integrity during emplacement, minimizes the void spaces between packages, and permits the void spaces to be filled.

e) Void spaces between waste packages shall be filled with earth or other material to reduce future subsidence.

f) Waste shall be placed and covered in a manner that limits the radiation dose rate at the surface of the cover to levels which at a minimum will permit the licensee to comply with all provisions of 32 Ill. Adm. Code 340.1050 at the time the disposal facility is transferred to the custody of a State or Federal agency pursuant to Section 601.160.

g) The boundaries and locations of each disposal unit shall be accurately located and mapped by means of a land survey. Disposal units shall be marked in such a way that the boundaries of each unit can be easily defined. Three permanent survey marker control points, referenced to United States Geological Survey (USGS) or National Geodetic Survey (NGS) survey control stations, shall be established on the site to facilitate surveys. The USGS or NGS control stations shall provide horizontal and vertical controls as checked against USGS or NGS record files.

h) A buffer zone of land shall be maintained between disposed waste and the disposal site boundary. The buffer zone shall be of adequate dimensions to carry out environmental monitoring activities specified in Section 601.260(d) and take mitigative measures if needed.

i) Closure and stabilization measures as set forth in the approved site closure plan shall be carried out as each disposal unit is filled and enclosed.

j) Active waste disposal operations shall not have an adverse effect on completed closure and stabilization measures.

k) Only wastes containing or contaminated with radioactive materials shall be disposed of at the disposal site.

l) Proposals for disposal of waste that is not otherwise acceptable for disposal because the waste form and disposal methods must be different, must be submitted to the Department for approval.

Section 601.260 Technical Requirements - Environmental Monitoring

a) At the time a license application is submitted, the applicant shall have conducted a preoperational monitoring program to provide basic environmental data on the disposal site characteristics. The applicant shall obtain information about the ecology, meteorology, climate, hydrology, geology, geochemistry, and seismology of the disposal site. For those characteristics that are subject to seasonal variation, data must cover at least a twelve (12) month period.

b) During the land disposal facility site construction and operation, the licensee shall maintain an environmental monitoring program. Measurements and observations must be made and recorded to provide data to evaluate the potential health and environmental impacts during both the construction and the operation of the facility and to enable the evaluation of long-term effects and the need for mitigative measures. The monitoring system must be capable of providing early warning of releases of radionuclides from the disposal site before they leave the site boundary.

c) After the disposal site is closed, the licensee responsible for post-operational surveillance of the disposal site shall maintain a monitoring system based on the past monitoring performance and the closure and stabilization of the disposal site. The monitoring system must be capable of providing early warning of releases of radionuclides from the disposal site before they leave the site boundary.

d) The licensee shall have plans for taking corrective measures if the environmental monitoring program detects migration of radionuclides which would indicate that the performance objectives may not be met.

Section 601.270 Technical Requirements - Alternative Requirements for Design and Operations

The Department shall, upon request or on its own initiative, authorize provisions other than those set forth in Sections 601.240 through 601.260 for the segregation and disposal of waste and for the design and operation of a land disposal facility on a specific basis only if the Department establishes that performance objectives of this Part will be complied with.

Section 601.280 Institutional Requirements

a) Land ownership. Disposal of radioactive waste received from other persons may be permitted only on land owned in fee simple absolute by the Federal or State government.

b) Institutional control. The Department will carry out an institutional control program which will physically control access to the disposal site following transfer of control of the disposal site from the disposal site operator. The institutional control program shall include, but not be limited to, carrying out an environmental monitoring program at the disposal site, periodic surveillance, minor custodial care, as determined by the Department; and administration of funds to cover the costs for these activities. Controls may not be relied upon for more than 100 years following transfer of control of the disposal site by the licensee.

Section 601.290 Alternative Requirements for Waste Classification and Characteristics

The Department shall, upon request or on its own initiative, authorize other provisions for the classification and characteristics of waste on a specific basis, only if, after evaluation of the specific characteristics of the waste, disposal site, and method of disposal, the Department finds the performance objectives specified in this Part will be met.

Section 601.300 Applicant Qualifications and Assurances

Each applicant shall show that it either possesses the necessary funds and/or has reasonable assurance of obtaining the necessary funds, to cover the estimated costs of conducting all licensed activities over the planned operating life of the project, including costs of construction and disposal.

Section 601.310 Funding for Disposal Site Closure and Stabilization

a) The applicant shall provide assurances prior to the commencement of operations that sufficient funds will be available to carry out disposal site closure and stabilization These assurances shall be based on Department-approved cost estimates reflecting the Department approved plan for disposal site closure and stabilization. The applicant's cost estimates must take into account total costs that would be incurred if an independent contractor were hired to perform the closure and stabilization work. The assurances shall establish that there will be sufficient funds for:

1) decontamination or dismantlement of land disposal facility structures; and

2) closure and stabilization of the disposal site so that following transfer of custody of the disposal site to the State or Federal government, the need for ongoing active maintenance is eliminated to the extent practicable and only minor custodial care, surveillance, and monitoring are required.

b) In order to avoid unnecessary duplication and expense, the Department will accept financial sureties that have been consolidated with ear-marked financial or surety arrangements established to meet requirements of other Federal or State agencies and/or local governing bodies for such decontamination, closure and stabilization. The Department will accept these arrangements only if the Department considers them to be adequate to satisfy these requirements and that the portion of the surety which covers the closure of the disposal site is clearly identified and committed for use in accomplishing these activities.

c) The licensee's surety mechanism will be submitted annually for review by the Department to assure that sufficient funds are available for completion of the closure plan, assuming that the work has to be performed by an independent contractor.

d) The amount of surety liability will be considered in accordance with the projected cost of future closure and stabilization. Factors affecting closure and stabilization cost estimates include: inflation; increases in the amount of disturbed land; changes in engineering plans; closure and stabilization that has already been accomplished; and any other conditions affecting costs. This will yield a surety that is at least sufficient at all times to cover the costs of closure of the disposal units that are expected to be used before the next license renewal.

e) The term of the surety mechanism shall be open ended unless it can be demonstrated that another arrangement would provide an equivalent level of assurance. This assurance could be provided with a surety mechanism which is written for a specified period of time (e.g., five (5) years) yet which shall be automatically renewed unless the party who issues the surety notifies the Department and the beneficiary (the State) and the principal (the licensee) not less than 90 days prior to the renewal date of its intention not to renew. In such a situation the licensee must submit a replacement surety within 30 days after notification of cancellation. If the licensee fails to provide a replacement surety acceptable to the Department, the State may collect on the original surety.

f) Proof of forfeiture shall not be necessary to collect the surety so that in the event the licensee cannot provide an acceptable replacement surety within the required time, the surety shall be automatically collected prior to its expiration. The conditions described above would have to be clearly stated on any surety instrument which is not open ended, and shall be agreed to by all parties. Liability under the surety mechanism shall remain in effect until the closure and stabilization program has been completed and approved by the Department and the license has been transferred to the site owner.

g) Financial surety arrangements generally acceptable to the Department include: surety bonds, cash deposits, certificates of deposit, deposits of government securities, escrow accounts, irrevocable letters or lines of credit, trust funds, and combinations of the above or such other types of arrangements as may be approved by the Department. However, self-insurance, or any arrangement which essentially constitutes pledging the assets of the licensee, will not satisfy the surety requirement for private sector applicants since this provides no additional assurance other than that which already exists through license requirements in accordance with Sections 300 and 310.

Section 601.320 Financial Assurances for Institutional Controls

a) Prior to the issuance of the license, the applicant shall provide for Department review and approval a copy of a binding arrangement, such as a lease, between the applicant and the disposal site owner that ensures that sufficient funds will be available to cover the costs of monitoring and any required maintenance during the institutional control period. The binding arrangement will be reviewed periodically by the Department to ensure that changes in inflation, technology, and disposal facility operations are reflected in the arrangements.

b) Subsequent changes to the binding arrangement specified in Section 601.320(a) relevant to institutional control shall be submitted to the Department for approval.

Section 601.330 Maintenance of Records, Reports, and Transfers

a) Each licensee shall maintain any records and make any reports in connection with the licensed activities as are required by the conditions of the license or by regulations of the Department.

b) Records which are required by this Part or by license conditions shall be maintained for a period specified in this Chapter or by a license condition. If a retention period is not otherwise specified, these records must be maintained and transferred to the officials specified in Section 601.330(e) as a condition of license termination unless the Department authorizes their disposition because of inaccuracies or obsolescence.

c) Records which shall be maintained pursuant to this Part may be the original or a reproduced copy or microfilm if this reproduced copy or microfilm is capable of producing a copy that is clear and legible at the end of the required retention period.

d) If there is a conflict between the Department's regulations in this Part, other Parts, and a license condition pertaining to the retention period for the same type of record, the longest retention period specified takes precedence.

e) Notwithstanding subsections (a) through (d), copies of records of the location and the quantity of radioactive wastes contained in the disposal site must be transferred upon license termination to local, State, and Federal governmental agencies such as are 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 regulations of the U.S. Department of Transportation (49 CFR 173.441 and 173.443, revised as of November 1, 1984, exclusive of subsequent amendments or editions) and the Department (32 Ill. Adm. Code 341). 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 qualifications.

h) Annual Reports

1) Each licensee authorized to dispose of waste materials received from other persons, pursuant to this Part, shall submit annual reports to the Department. Reports shall be submitted by the end of the first calendar quarter of each year for the preceding year.

2) The reports shall include:

A) specification of the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in airborne effluents during the preceding year;

B) the results of the environmental monitoring program;

C) a summary of licensee disposal unit survey and maintenance activities;

D) a summary, by waste class, of activities and quantities of radionuclides disposed of; and

E) any instances in which observed site characteristics were significantly different from those described in the application for a license.

3) If the quantities of radioactive materials released during the reporting period, monitoring results, or maintenance performed are different from those expected in the materials previously reviewed as part of the licensing action, the report must cover this specifically.

Section 601.340 Tests at Land Disposal Facilities

Each licensee shall perform, or permit the Department to perform, any tests the Department deems appropriate or necessary for the administration of the regulations in this Part, including, but not limited to, tests of:

a) Radioactive wastes and facilities used for the receipt, storage, treatment, handling and disposal of radioactive wastes;

b) Radiation detection and monitoring instruments; and

c) Other equipment and devices used in connection with the receipt, possession, handling, treatment, storage, or disposal of radioactive waste.

Section 601.350 Department Inspections of Land Disposal Facilities

a) Each licensee shall afford the Department at all reasonable times, the 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.

b) Each licensee shall make available to the Department for inspection, records kept by it pursuant to the regulations in this Part. Authorized representatives of the Department may make and keep copies, of any record required to be kept pursuant to this Part.