TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER b: RADIATION PROTECTION
PART 332
LICENSING REQUIREMENTS FOR SOURCE MATERIAL MILLING FACILITIES
Section
332.10 Purpose and Scope
332.20 Definitions
332.30 License Required
332.40 Application Content and Procedure
332.50 General Information
332.60 Technical Information
332.70 Technical Analyses
332.80 Institutional Information
332.90 Financial Information
332.100 Evaluation of License Application and Issuance of a License
332.110 General Conditions of Licenses
332.120 Application for Renewal or Closure
332.130 Contents of Application for Site Closure and Stabilization
332.140 Postclosure Observation and Maintenance
332.150 Termination of Source Material Milling Facility License
332.160 General Requirements
332.170 Protection of the General Population from Radiation
332.180 Protection of Individuals from Inadvertent Access
332.190 Protection of Individuals During Operations
332.200 Stability of the Byproduct Material Disposal Site After Closure
332.210 Technical Criteria for Byproduct Material Disposal Sites - Siting
Criteria
332.220 Technical Criteria for Byproduct Material Disposal Sites - Design
Criteria
332.230 Technical Criteria for Byproduct Material Disposal Sites -
Groundwater Protection
332.240 Technical Criteria for Byproduct Material Disposal Sites - Control
of Radiation Hazards
332.250 Technical Criteria - Source Material Milling Operations
332.260 Financial Surety Requirements
332.270 Long-Term Care Payment
332.280 Land Ownership
332.290 Maintenance of Records, Reports, and Transfers
AUTHORITY: Implemented and authorized by the Radiation Protection Act (Ill.
Rev. Stat. 1987, ch. 111�, pars. 211 et seq.).
SOURCE: Adopted at 14 Ill. Reg. 1333, effective January 5, 1990.
Section 332.10 Purpose and Scope
a) The regulations in this Part establish procedures, criteria, and
conditions upon which the Department of Nuclear Safety
(Department) issues specific licenses for source material milling
and disposal of the byproduct material. These procedures are
intended to ensure the protection of people and the environment
during and after source material milling. The regulations in this
Part do not establish procedures and criteria for the issuance of
licenses for materials covered under Title I of the Uranium Mill
Tailings Radiation Control Act of 1978 (42 U.S.C. 7901). The
regulation by the State of byproduct material as defined in
Section 11e(2) of the Atomic Energy Act, as amended, 42 U.S.C.
2014(e) is subject to the provisions of an agreement between the
State and the U.S. Nuclear Regulatory Commission (NRC). In the
absence of such agreement, the regulations in this Part shall not
be enforceable against any source material milling facility.
b) In addition to the requirements of this Part, unless specified
otherwise, all licensees are subject to the requirements of 32
Ill. Adm. Code 310, 320, 330, 331, 340, 341, 400 and 601, and 35
Ill. Adm. Code 302.208, 302.304, 303.202, and 303.203. The
regulations in this Part do not apply to disposal of licensed
material as provided in 32 Ill. Adm. Code 601.
c) This Part establishes procedural requirements and technical
criteria applicable to any source material milling and to disposal
of byproduct material as defined in this Part. It establishes
specific technical and financial requirements for source material
milling facilities including their construction, operation and
decommissioning; decontamination; reclamation and ultimate
stabilization; postclosure activities; license transfer and
termination; and facility ownership and ultimate custody.
Section 332.20 Definitions
The following definitions are applicable for use in this Part only.
"Act" means the Radiation Protection Act, Ill. Rev. Stat. 1987,
ch. 111�, par. 211 et seq.
"Active maintenance" means any activity, other than minor
custodial activities, needed to preserve isolation of the
byproduct material. Active maintenance includes ongoing activities
such as the pumping, removal, or treatment of surface water or
groundwater or one-time measures such as replacement of a disposal
area cover.
"Aquifer" means a geologic formation, group of formations, or part
of a formation capable of yielding a significant amount of
groundwater to wells or springs. Any saturated zone created by
uranium or thorium recovery operations would not be considered an
aquifer unless the zone is or potentially is:
hydraulically interconnected to a natural aquifer,
capable of discharge to surface water, or
reasonably accessible because of migration beyond the
vertical projection of the boundary of the land transferred
for long-term government ownership and care in accordance
with Section 332.280.
AGENCY NOTE: The determination of "significant" will be based on
site specific criteria such as yield of the aquifer in volume per
unit time, its degree of use or potential for future use for
domestic, industrial, or agricultural purposes, the availability
of alternative sources, and capability of users to change to
alternative sources in the event groundwater protection standards
are exceeded.
"Buffer zone" means the area surrounding the site used for
disposal of either byproduct material, or material contaminated
with uranium or thorium during or as a consequence of source
material milling operations. Use of the buffer zone is limited to
those activities that would not be detrimental to containment of
the wastes, environmental monitoring, interception and processing
of any surface or groundwater effluents.
"Byproduct material" means, for purposes of this Part only, the
tailings or wastes produced by the extraction or concentration of
uranium or thorium from any ore processed primarily for its source
material content, including discrete surface wastes resulting from
uranium solution extraction processes. Underground ore bodies
depleted by such solution extraction operations do not constitute
byproduct material within this definition.
"Closure" means the activities following operations to
decontaminate and decommission the buildings and site used to
produce byproduct material, to reclaim the tailings area, to
reclaim the waste disposal area, and to restore the groundwater to
the degree necessary to achieve compliance with the groundwater
protection requirements of subsection 332.230(a).
"Closure plan" means the Department approved plan to accomplish
closure.
AGENCY NOTE: The Department will approve a closure plan if the
plan describes how the licensee will decontaminate, reclaim, and
stabilize the licensed site in accordance with the requirements of
this Part.
"Commencement of construction" means any clearing of land,
excavation, or other substantial action that would adversely
affect the natural environment of a site, but does not include
changes desirable for the temporary use of land for public
recreational uses, necessary borings to determine site
characteristics, or other preconstruction monitoring to establish
background information related to the suitability of a site or the
protection of environmental values.
"Compliance period" begins when the Department sets specific
secondary groundwater protection standards in accordance with
Section 332.230 and ends when the owner's or operator's license is
terminated and the disposal site is transferred to the State or
federal agency for long-term care.
"Control boundary" means a physical barrier that separates a
restricted area from an unrestricted area.
"Decommissioning" means to remove (as a facility) safely from
service and reduce residual radioactivity to a level that permits
release of the property for unrestricted use and termination of
the license.
AGENCY NOTE: The byproduct material disposal site is not decom-
missioned because it will neither be released for unrestricted use
nor be unlicensed. Land ownership and custody will be maintained
by the State or the federal government as required by Section
332.280. However, portions of the licensed site other than the
actual byproduct material disposal area are decommissioned.
"Dike" means an embankment or ridge of either natural or man-made
materials used to prevent the movement of liquids, sludges,
solids, or other materials.
"Disposal area" means the area containing byproduct material to
which the requirements of Sections 332.170(c) and 332.240 apply.
AGENCY NOTE: The disposal area includes only the surface area of
the land immediately underlain by byproduct material and does not
include any embankments, dams, or other supporting structures
which surround the byproduct material.
"Disposal site" means the land transferred to the State or federal
government under Section 332.280. This land includes the disposal
area, any surrounding embankments, or dams that contain the
byproduct material.
"Existing portion" means that land surface area of an existing
surface impoundment or disposal area on which significant
quantities of byproduct material have been placed prior to
September 30, 1983.
"Fund" means the "The Radiation Protection Fund", Ill. Rev. Stat.
1987, ch. 111�, par. 218(c).
"Groundwater" means water below the land surface in a zone of
saturation. For purposes of this Part, groundwater is the water
contained within an aquifer as defined in this Section.
"Leachate" means any liquid, including any suspended or dissolved
components in the liquid, that has percolated through or drained
from the byproduct material.
"Licensed site" means the area contained within the boundary of a
location under the control of persons generating or storing
byproduct material under a Department license.
AGENCY NOTE: The licensed site would include, at a minimum, any
actual or proposed disposal areas and sites, any additional land
used by the licensee for the generation and storage of byproduct
material, and any buffer zones. Normally, this latter land area
and any buffer zones will be decommissioned and reclaimed, and not
subject to land transfer under Section 332.280.
"Liner" means a continuous layer of natural or man-made material,
beneath or on the sides of a surface impoundment which restricts
the downward or lateral escape of byproduct material, hazardous
constituents, or leachate.
"Long-term care" means the period following postclosure and
termination of a license issued under this Part during which
surveillance and monitoring activities are conducted by a State or
federal Agency.
"Minor custodial activities" means maintenance activities under
State specific license, not necessary to preserve the isolation of
the byproduct material. Such activities could include repair of
fencing, repair or replacement of monitoring equipment, minor
additions to or repair of disposal area cover, and general
disposal site upkeep such as mowing grass.
"Monitoring" means observing and making measurements to provide
data to evaluate the performance and characteristics of a licensed
or disposal site.
"Point of compliance" means the site specific location in the
uppermost aquifer where the groundwater protection standard must
be met.
"Postclosure" means the period of time from completion of the
closure plan for decontamination, reclamation, and stabilization
of the source material milling facility, byproduct material
surface impoundment and disposal area, but prior to the
termination of the license.
"Reclamation" means the following activities performed at a
licensed site as a part of closure:
stabilize and isolate byproduct material contained within a
disposal site. This may include relocation of the byproduct
material;
backfill with uncontaminated soil any disturbed areas to
achieve a topography compatible with surrounding terrain;
recontour land to support surface drainage; and
revegetate as necessary.
"Restricted area" means any area access to which is controlled by
the licensee for purposes of protection of individuals from
exposure to radiation and radioactive material. The restricted
area shall not include any areas used for residential quarters,
although a separate room or rooms in a residential building may be
set apart as a restricted area.
"Source material" means:
uranium or thorium, or any combination thereof, in any physical or
chemical form, or
ores which contain by weight one-twentieth of one percent
(0.05%) or more of uranium, thorium, or any combination of
uranium or thorium. Source material does not include
special nuclear material.
"Source material milling" means any operation in which uranium or
thorium is extracted and concentrated from ore processed primarily
for its source material content. This includes solution mining
and heap leaching and any other operation which generates
byproduct material as defined in this Part.
"Special nuclear material" means:
plutonium, uranium-233, uranium enriched in the isotope 233
or in the isotope 235, and any other material which the U.S.
Nuclear Regulatory Commission determines to be special
nuclear material, or
any material artificially enriched by any of the foregoing.
"Surface impoundment" means a natural topographic depression, man-
made excavation, or diked area, which is designed to hold an
accumulation of liquid wastes or wastes containing free liquids,
and which is not an injection well.
"Surveillance" means monitoring and observation of the disposal
site for the purposes of visual detection of the need for
maintenance, custodial care, evidence of unauthorized access, and
compliance with other license and regulatory requirements.
"Uppermost aquifer" means the geologic formation nearest the
natural ground surface that is an aquifer, as well as lower
aquifers that are hydraulically interconnected with this aquifer
within the facility's property boundary.
Section 332.30 License Required
a) No person shall operate a source material milling facility or
byproduct material surface impoundment or disposal area, or
receive, possess, dispose, or transfer source or byproduct
material associated with such facilities, 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 commencement of construction of a source material
milling facility, or byproduct material surface impoundment or
disposal area. Failure to comply with this requirement shall be
grounds for denial of a license.
c) Any person who, on the effective date of the Agreement between the
State and NRC transferring regulatory authority to the State,
possesses a license, issued by the NRC, to operate a source
material milling facility or byproduct material surface
impoundment or disposal area or to receive, possess, dispose of,
or transfer source or byproduct material associated with such
facilities, shall be deemed to possess a like license issued under
this Part. Such license shall expire 90 days after receipt from
the Department of a notice of expiration of such license or on the
date of expiration specified in the NRC license, whichever is
earlier.
Section 332.40 Application Content and Procedure
a) In addition to the requirements set forth in 32 Ill. Adm. Code
330.250, an application filed pursuant to this Part shall contain
the required information as set forth in Sections 332.50 through
332.90.
b) The Department will review the application for completeness within
sixty (60) days after receipt of the application and will notify
the applicant whether or not the application is acceptable for
filing. This review of the application shall not constitute the
Department's approval of the adequacy of the information and data
contained in the application.
c) The Department may at any time after the filing of the original
application, and before the expiration of the license, require
further statements or data to enable the Department to determine
whether the application should be denied or whether a license
should be granted, modified, or revoked.
d) A license application may include a request for a licensee to
engage in one or more activities, provided that the application
specifies the additional activities for which licenses are
requested and complies with regulations of the Department as to
application for such licenses.
e) In any application, the applicant may incorporate by reference
information contained in previous applications, statements, or
reports filed by the applicant with the Department. Such
reference shall identify the document being referenced by subject,
date and page number.
f) All materials considered to be proprietary in nature shall be
separated, marked confidential and sealed in an envelope or
package. These materials shall be referenced in the license
application.
g) Ten copies of an application for a specific license, or amendment
thereto, shall be filed with the Department.
h) Each application for a specific license, or amendment thereto,
shall be accompanied by the fee prescribed in 32 Ill. Adm. Code
331.Appendix A.
Section 332.50 General Information
The general information shall include each of the following:
a) Identity 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, the state where it is incorporated or
organized, the principal location where it does business,
and the names and addresses of its directors and principal
officers; and
4) If the applicant is acting as an agent or representative of
another person in filing the application, all information
required under this subsection shall be supplied with
respect to the other person.
b) Qualifications of the applicant:
1) 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;
2) 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
positions described in response to the requirements of
subsection (b)(1) shall be provided;
3) A description of the applicant's program for training
personnel to execute job functions in a manner consistent
with the requirements of this Part and 32 Ill. Adm. Code
310, 320, 330, 340, 341, and 400.
4) The plan to maintain trained personnel to carry out;
A) Receipt, possession and transfer of source and
byproduct material;
B) Source material milling;
C) Disposition of byproduct material; and
D) Closure of the licensed site, surface impoundments,
and disposal areas.
c) A description of:
1) The location of the proposed source material milling
facility, and byproduct material surface impoundments and
disposal areas;
2) The general character of the proposed activities;
3) The types and quantities of ores, source material and
byproduct material to be received, possessed, stored,
transferred, or disposed of;
4) The proposed milling facilities, equipment, surface
impoundment and disposal area conceptual design, and size of
the licensed site through closure; and
5) The proposed schedules for construction, receipt of ores,
the first processing of ores, expansion or increased
capacity potential over and above the planned facilities,
and the anticipated operational lifetime of the source
material milling facility and surface impoundments.
Section 332.60 Technical Information
The application shall contain technical information demonstrating that the
technical criteria of this Part will be met. Specifically, the application
shall contain:
a) A description of the characteristics of the proposed licensed site
as determined by selection and characterization activities. The
description shall include, but need not be limited to, the
following:
5) Proposed and available modes of transportation; and
6) A list of all endangered plant and animal species on the
site and within 10 km.
b) A description of the design features of the source material
milling facility and byproduct material surface impoundment and
disposal area. The description shall include the following:
1) Surface and groundwater management;
2) Effluent discharges and monitoring;
3) Licensed site access protection;
4) Occupational exposure control;
5) Licensed site monitoring, closure and maintenance; and
6) Buffer zone adequacy for monitoring and potential mitigative
measures.
c) A description of the design criteria and their relationship to the
technical criteria.
d) A description of the natural events or phenomena, such as winds
and rainstorms, tornadoes, earthquakes and extreme temperatures,
used for the design and their relationship to the design criteria.
e) A description of codes and standards which the applicant has
applied to the design and which will apply to construction of the
source material milling facility, and any byproduct material
surface impoundment and disposal area.
f) A description of the construction and operation of any byproduct
material surface impoundment and disposal area. The description
shall include as a minimum:
1) Method of construction;
2) Method for emplacement of byproduct material within a
surface impoundment or disposal area;
3) Procedures for and areas of waste segregation;
4) Types of access control barriers;
5) Engineering quality control program;
6) Construction quality assurance program;
7) Methods and areas of waste storage;
8) Onsite traffic and drainage systems; and
9) Methods to control surface water and groundwater and
precipitation access to the byproduct material.
g) A description of methods to be employed in the handling and
disposal of the byproduct material including dewatering and
neutralizing such materials that, because of physical or chemical
properties, might affect meeting the technical criteria of this
Part.
h) A description of the licensed site closure plan, including those
design features which are intended to facilitate closure and to
eliminate the need for active maintenance.
i) A description of the kind, amount, source, classification and
specifications of the radioactive material proposed to be
received, possessed, processed, and disposed of at the source
material milling facility, any byproduct material surface
impoundment, and any disposal area.
j) A description of the quality assurance program for the
determination of natural characteristics of the licensed site and
for the maintenance of quality control during the design,
construction, operation, reclamation, decontamination,
stabilization, and closure of the licensed site. Audits and
managerial controls including criteria and standards shall be
incorporated in this program.
k) A description of the radiation safety program for controlling and
monitoring radioactive effluents to ensure compliance with the
technical criteria in Section 332.170; 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 site. Both routine
operations and accidents shall be addressed. The program
description shall include procedures, instrumentation, facilities,
and equipment.
l) A description of the environmental monitoring program designed to
provide data to evaluate potential health and environmental
impacts and the plan for taking corrective measures if migration
is indicated. Components of an environmental monitoring program
generally include:
1) the sampling of air, for particulate and gaseous emissions;
2) the sampling of surface water and groundwater;
3) the sampling of soil and sediment;
4) the sampling of vegetation and animals;
5) the sampling of total radon and its daughters;
6) the sampling of direct radiation with both passive
integrating devices and survey instruments; and
7) other environmental analysis that might be indicated as a
result of site specific conditions.
m) A description of the proposed methods of decontamination,
reclamation, stabilization and postclosure activities within the
licensed site.
n) A description of each emission source and emission control device
incorporated into the source material milling operations. The
description shall also include the efficiency, calibration
procedures and maintenance schedules for emission control devices.
o) A description of the licensee's procedure for monitoring all
pathways of exposure (i.e., ingestion, inhalation, external
exposures) to workers and the public. The frequency of monitoring
for each pathway shall be site specific and designed to
demonstrate compliance with the criteria of Section 332.170.
p) A description of the administrative procedures that the applicant
will apply to control activities at the source material milling
facility and any byproduct material surface impoundment, and
disposal area including, but not limited to, organization and
lines of authority, management audit programs, and internal
inspection programs.
q) An estimate of the environmental effects of accidents on each
operation.
r) A description of regional and site specific characteristics which
have seasonal or cyclical variations to include the range of
variations in addition to the average values. The site specific
preoperational monitoring data must be based on data collected
during a one year (four consecutive seasons) period or longer.
This data shall be collected prior to any alteration of the
environment by changes in topography, drainage, or construction of
the milling facility and waste disposal system.
s) A report describing methodology, calibration procedures, quality
control and data analysis for each type of measurement shall be
included in the application.
Section 332.70 Technical Analyses
The technical information shall also include the following analyses needed to
demonstrate that the technical criteria of this Part will be met:
a) Analysis of radiological impacts, including all pathways of
exposure (i.e., ingestion, inhalation, external exposures) of an
individual continuously present at the control boundary, the
public and those individuals working at the licensed site, in
accordance with Section 332.170 and 32 Ill. Adm. Code 340.1010.
The analysis of radiological impacts of the proposed project must
include the construction, operation, decontamination, reclamation,
stabilization and postclosure periods under both normal and low-
frequency severe event conditions, e.g. floods, severe storms,
earthquakes, tornadoes, extreme temperatures. In addition, the
analysis shall include a description of assumptions and procedures
used for determination of the source terms, concentrations, and
dose-conversion factors. The impacts analysis shall also include
the following:
1) A determination of the radiological impacts to an individual
continuously present at the control boundary;
2) A determination of the health impacts to the public, based
on existing population and projected population, for 100
years, within a distance of 80 km;
3) A determination of the health impacts to the public, based
on existing population and projected population, for 100
years, within a distance to 5 km;
4) Radiological analyses for a period up to 100 years after the
anticipated closure;
5) The radiological impacts on groundwater, estimated for a
period of 1,000 years after the beginning of the operation;
and
6) Identification and differentiation of the roles performed by
the natural site characteristics and design features in
isolating the byproduct material from the environment. The
analysis shall include assessments that show the exposures
to humans from the release of radioactivity will not exceed
the limits set forth in Section 332.170.
b) Analyses of the protection of individuals during operations shall
include assessments for expected exposures due to routine
operations and accidents during operation, storage, transfer,
transport, and disposal of ores, products, byproducts, and
byproduct material as defined in this Part. The analyses shall
include assessments that show that exposures will be controlled to
meet the requirements of 32 Ill. Adm. Code 340.1010 for
individuals in the restricted area, and the requirements of
Section 332.170 for individuals outside the control boundary.
c) Evaluation of the long-term stability of the byproduct material
disposal site and the need for active maintenance after closure of
the source material milling facility and any byproduct material
surface impoundment or disposal area shall be based upon analyses
of active natural processes such as erosion, mass wasting, slope
failure, settlement of byproduct material and backfill,
infiltration through covers over disposal areas and adjacent
soils, and surface drainage of the disposal site. The analyses
shall include assessments that show that, after closure, the
disposal site will not require active maintenance.
d) Analysis of the protection of the disposal site from inadvertent
access shall include demonstration that the site closure
requirements of Section 332.180 will be met.
Section 332.80 Institutional Information
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 transfer of ownership in fee to the federal or State government.
Such arrangements shall provide that the governmental agency assuming custody
of the byproduct material and its disposal site also assume responsibility for
long-term care after termination of the license issued by the Department.
Section 332.90 Financial Information
The financial information shall be sufficient to determine that the financial
qualifications of the applicant are adequate to comply with financial surety
regulations set forth at Section 332.260.
Section 332.100 Evaluation of License Application and Issuance of a License
a) Environmental Analysis
1) Each application for a license or license amendment must be
reviewed and the license or amendment must be issued by the
Department before commencement of any major construction
activity. As part of its review of such applications, the
Department shall prepare a written analysis of the impact of
the license including any activities conducted pursuant
thereto. The analysis shall include the following:
A) An assessment of the radiological and nonradiological
impacts to the public health from the activities to be
conducted pursuant to the license or amendment;
B) An assessment of any impact on any waterway and
groundwater resulting from the activities conducted
pursuant to the license or amendment;
C) Consideration of alternatives, including alternative
sites and engineering methods, to the activities to be
conducted pursuant to the license or amendment; and
D) Consideration of the long-term impacts including
decommissioning, decontamination and reclamation
impacts, associated with activities to be conducted
pursuant to the license or amendment.
2) Commencement of construction prior to issuance of the
license or amendment shall be grounds for denial of the
license or amendment; and
3) The environmental analysis prepared in accordance with
subsection (a)(1) shall be available to the public before
the commencement of hearings regarding the merits of the
application.
b) Public participation
1) Written comments
A) Upon completing preparation of the analysis pursuant
to subsection (a), the Department shall publish a
notice of the availability of the environmental
analysis in the official State newspaper and in a
newspaper published in the county or counties where
the facility which is the subject of licensing action
is to be located. This notice shall specify how a
copy of the environmental analysis can be obtained as
well as the deadline and address for submitting
written comments on the license application.
B) The Department shall accept written comments on the
license application and the environmental analysis for
at least 45 days following the publication of the
notice described in subsection (b)(1)(A).
2) Hearings
A) At least 30 days prior to the issuance or renewal of a
license pursuant to this Part, the Department shall
publish a Notice of Opportunity to request a hearing
in the official State newspaper and in a newspaper
published in the county or counties where the facility
that is the subject of the license application is
located. This notice shall contain:
i) a statement identifying the location of the
facility,
ii) a statement of the availability of the
environmental analysis,
iii) a statement of the right to request a hearing,
iv) the date by which a request for a hearing is to
be submitted to the Department, such date shall
be no less than 20 days from the date of the
publication of the notice, and
v) a statement of the actions that will be taken by
the Department in the event that a hearing is
not requested.
B) Any person who would be adversely affected by the
issuance of the license may request a hearing. The
request must be in writing and must contain a brief
statement of the basis upon which the issuance of the
license is being challenged. If the request is not
submitted by the date specified in accordance with
subsection (b)(2)(A), or if the request is submitted
but later withdrawn, the Department shall issue the
license in accordance with subsection (c).
C) If any hearing is requested in accordance with
subsection (b)(2)(B), the parties to the hearing shall
be the Department and the Respondent. The provisions
of 32 Ill. Adm. Code 200.20, 200.40, 200.50, 200.80
through 200.140 and 200.160 through 200.230 shall be
applicable to the hearing.
c) Upon a determination that an application meets all criteria of
this Part, the Department shall issue a specific license
authorizing the construction of the source material milling
facility and any byproduct material surface impoundment and
disposal area. Upon completion of the construction in accordance
with the license specifications, the Department shall authorize
operations at the licensed site after verification of compliance
with the license specifications.
d) The Department may incorporate in any license at the time of
issuance, or thereafter by appropriate rule or order, additional
requirements and conditions in order to:
1) Ensure compliance with the requirements of this Part;
2) Reduce potential hazard to public safety during operation;
3) Protect the environment; or
4) Prevent loss or theft of materials subject to this Part.
e) The Department may require reports, examine records and inspect
activities under the license as necessary to demonstrate
compliance with the requirements of this Part.
f) Throughout the construction and operating phases of the source
material milling facility, a monitoring program shall be conducted
by the licensee in order to:
1) Demonstrate compliance with the standards of this Part and
32 Ill. Adm. Code 310, 340, and 400;
2) Evaluate the performance of control systems and procedures;
3) Evaluate environmental impacts of operation; and
4) Detect potential long-term adverse effects.
g) The source material milling facility shall be designed and
operated so that effluents and emissions are less than the
exposure and concentration limits specified in 32 Ill. Adm. Code
340.Appendix A and in Section 332.170. The licensee shall limit
emissions and exposures by using emission control devices. If the
licensee cannot meet the requirements using emission control
devices, then institutional controls, such as extended licensed
site boundaries and buffer zones, may be used to ensure that
limits of exposure and concentrations at the boundary of the
restricted area will be met. The licensee shall submit to the
Department proposed operation procedures and shutdown procedures
as evidence that the requirements specified in 32 Ill. Adm. Code
340 will be met.
Section 332.110 General Conditions of Licenses
a) The licensee shall be subject to the provisions of the Act 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
regulations and orders issued in accordance with the terms of the
Act.
b) Each person licensed by the Department pursuant to the regulations
of this Part shall confine possession and use of materials to the
locations and purposes authorized in the license.
c) The licensee shall not process any ore or place any byproduct
material in any surface impoundment or disposal area until the
Department has inspected it and, based on the results of the
inspection, has determined that it conforms to the description,
design, and construction described in the application for the
license.
d) No license issued under this Part, 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, unless the
Department finds, after securing information, that the transfer is
in accordance with the provisions of the Act and gives its consent
in writing in the form of a license amendment.
e) The authority to receive and process ores and to place byproduct
material within any surface impoundment and disposal area expires
on the date stated in the license. Any expiration date on a
license applies only to the receipt and processing of ores and the
emplacement of byproduct material. Failure to renew the license
shall not relieve the licensee of responsibility for implementing
reclamation, decontamination, stabilization and closure,
postclosure observation and maintenance, and transfer of the
license to the ultimate governmental owner.
f) The license will terminate only on the full implementation of the
final closure plan as approved by the Department, including
postclosure observation and maintenance, and meeting the
requirements of Section 332.140.
g) Notification of Bankruptcy:
1) The licensee shall notify the Department, in writing,
immediately following the filing of a voluntary or
involuntary petition for bankruptcy under any Chapter of 11
U.S.C. 101 et seq. (Bankruptcy) of the United States Code by
or against;
A) The licensee;
B) An entity (as that term is defined in 11 U.S.C.
101(14)) controlling the licensee or listing the
license or licensee as property of the estate; or
C) An affiliate (as that term is defined in 11 U.S.C.
101(2)) of the licensee.
2) This notification must indicate:
A) The bankruptcy court in which the petition for
bankruptcy was filed; and
B) the date of the filing of the petition.
h) The licensee shall submit written statements, as requested by the
Department at any time before termination of the license, to
enable the Department to determine whether the license should be
modified, suspended, or revoked.
Section 332.120 Application for Renewal or Closure
a) At least 1 year prior to license expiration, the licensee shall
notify the Department of its intent to either renew its license or
to seek an amendment authorizing closure. At least 30 days prior
to license expiration, the licensee shall file with the Department
either an application for renewal of the license or an application
for a license amendment authorizing closure.
b) Applications for renewal of a license shall be filed in accordance
with Sections 332.40 through 332.90. All applications for closure
shall be filed in accordance with Section 332.130. Information
contained in previous applications, statements, or reports filed
with the Department under the license may be incorporated by
reference.
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 332.100.
e) Upon evaluation of an application to amend the license for closure
submitted in accordance with Section 332.130, the Department shall
issue an amendment to the license authorizing closure if the
assessment of the application demonstrates that the technical
criteria of Sections 332.200 through 332.240 will be met.
Section 332.130 Contents of Application for Site Closure and Stabilization
Prior to beginning final closure of the licensed site, or as otherwise
directed by the Department, the licensee shall submit an application to amend
the license for closure. The application for amendment shall include an
updated closure plan and shall provide the following specific information
regarding site closure:
AGENCY NOTE: Other circumstances which would cause the Department to direct
the licensee to submit an application for closure include, but are not limited
to, failure to meet the technical criteria of this Part, failure to post and
maintain adequate financial surety, or failure to meet the requirements of the
Act.
a) Any additional geologic, hydrologic, or other data pertinent to
the long-term containment of the emplaced byproduct material
generated during the operational period.
b) The results of tests, experiments, or any other analyses relating
to any surface impoundment and disposal area, closure, waste
migration, and interaction with byproduct material or any other
tests, experiments, or analyses pertinent to the long-term
containment of the emplaced byproduct material within the disposal
site.
c) Any proposed revision of plans for:
1) Decontamination and/or dismantlement of mill and surface
impoundments;
2) Recontouring or backfilling of areas; or
3) Stabilization of the disposal area for postclosure care.
d) Any information, not previously submitted to the Department,
regarding the potential environmental impact of closure activities
and long-term performance of the disposal site.
Section 332.140 Postclosure Observation and Maintenance
a) The licensee shall observe, monitor, and maintain the licensed
site until closure is complete and the license is terminated under
the authorization of the Department in accordance with Section
332.150. The licensee shall be responsible for disposal site
maintenance for 15 years after completion of closure. A longer
time period for postclosure observation and maintenance will be
required if the Department determines that the licensee has not
designed and closed the disposal site in accordance with the
closure plan specified in the license.
b) During the postclosure period, the licensee shall conduct four
disposal site inspections each year, once each season. Additional
inspections shall be performed after each earthquake, which at the
disposal site exceeds a level 6 on the Modified Mercalli Index, or
flood, or abnormal change in climate, such as precipitation in
excess of 10 times the seasonal average level. The results of the
inspections, the monitoring data and the evaluation of the
monitoring data shall be reported to the Department within 60 days
after each inspection. The Department shall require more frequent
disposal site inspections, if necessary to establish compliance
with the requirements of Section 332.100, or if there has been
unauthorized use of the disposal site.
Section 332.150 Termination of Source Material Milling Facility License
a) Following closure and the period of postclosure observation and
maintenance, the licensee may apply for termination of the
license. The license shall be terminated when the Department
finds:
1) That the closure of the licensed site has been made in
conformance with the licensee's closure plan, as amended and
approved as part of the license;
2) That the licensee has established that the technical
criteria of this Part have been met;
3) That any long-term care funds and records are transferred to
the federal or State agency that will assume institutional
control of the disposal site;
4) That the federal or State agency that will assume
responsibility for long-term care, observation, and
maintenance of the disposal site is prepared to assume such
responsibilities;
5) That permanent monuments or markers warning against
intrusion have been installed;
6) That the U.S. Nuclear Regulatory Commission has made a
determination of compliance with the decontamination,
decommissioning, reclamation, and stabilization standards;
and
7) That title to the byproduct material and to the disposal
site has been transferred to the United States of America or
the State.
b) In addition to satisfying requirements in subsection (a) above,
the licensed site, other than the buildings and disposal area,
shall be decontaminated to the following limits prior to
termination of the license:
1) Concentration of radionuclides in soil above background
concentrations for total radium, averaged over areas of 100
square meters, shall not exceed:
A) 5 picocuries per gram of dry soil, averaged over the
first 15 centimeters below the surface; and
B) 15 picocuries per gram of dry soil, averaged over
layers of 15 centimeters thickness more than 15
centimeters below the surface.
2) The level of gamma radiation measured at a distance of 100
centimeters from the surface shall not exceed background.
3) Soil contamination levels with non-radioactive hazardous
substances shall be less than the levels specified as
contamination limits in other applicable State or federal
regulations.
Section 332.160 General Requirements
Source material milling facilities, and byproduct material surface
impoundments and disposal areas shall be sited, designed, operated, closed,
and controlled after closure so that exposures to individuals will be within
the requirements established in the technical criteria in Sections 332.170,
332.180, 332.190 and 332.240.
Section 332.170 Protection of the General Population from Radiation
a) At all times, concentrations of radioactive material, excluding
radon, thoron, and their progeny, which may be released to the
general environment in groundwater, surface water, air, soil, or
other means shall not result in a committed effective dose in
excess of 25 millirem (0.25 mSv) to the whole body, and a
committed dose equivalent in excess of 75 millirem (0.75 mSv) to
the thyroid, and 25 millirem (0.25 mSv) to any other organ of any
member of the public. Releases of radionuclides in effluents to
the general environment shall be maintained as low as is
reasonably achievable.
b) During the operating life and facility decommissioning, the
combined concentration of radon and thoron at the boundary of the
licensed site, measured at a height of one meter from the surface,
averaged annually, shall not exceed three picocuries per liter
above the background concentration at the licensed site.
c) The disposal area shall be designed so that after reclamation and
stabilization, the annual total radon release rate through the
cover from the byproduct material shall not exceed two picocuries
per square meter per second. Furthermore, the direct gamma
exposure rate from the byproduct material shall be reduced to
background levels normal for areas in the vicinity.
Section 332.180 Protection of Individuals from Inadvertent Access
Design, operation, and closure of the facility disposal area shall protect any
individual inadvertently entering onto the disposal site at any time after
termination of the license by the Department.
Section 332.190 Protection of Individuals During Operations
Operations at a licensed site shall be conducted in compliance with the
standards for radiation protection established in 32 Ill. Adm. Code 340,
except that releases of radionuclides in effluents from the licensed site
shall be governed by Section 332.170. Every effort shall be made to maintain
radiation exposures as low as is reasonably achievable.
Section 332.200 Stability of the Byproduct Material Disposal Site After
Closure
The disposal site shall be sited, designed, used, operated, stabilized and
closed to achieve long-term stability and to eliminate the need for active
maintenance following closure so that only surveillance, monitoring, or minor
custodial care is required.
Section 332.210 Technical Criteria for Byproduct Material Disposal Sites -
Siting Criteria
a) Byproduct material shall be disposed of in a manner that provides
containment of the material by preventing disturbances and
dispersion by natural forces, and by doing so without active
maintenance. In evaluating a byproduct material disposal site,
the Department shall consider:
1) Remoteness from populated areas;
2) Hydrologic and other natural conditions as they contribute
to continued immobilization and isolation of contaminants
from groundwater sources; and
3) Potential for minimizing erosion, disturbances, and
dispersion by natural forces over the long term.
b) The disposal site selection shall be an optimization, to the
maximum extent achievable, of the features listed in subsection
(a). At a minimum, however:
1) The disposal site shall not be within a distance of 2.5 km
(1.5 miles) from the boundary of any municipality without
the consent of the governing body of the municipality. The
disposal area must incorporate a distance between any waste
disposal unit and the control boundary which is of adequate
dimensions to carry out required environmental monitoring
activities and remediation activities if necessary. In most
cases, a distance of 100 meters would be adequate;
2) The tailings and waste disposal site shall not be located in
a 100-year flood plain, as defined in the rules of the
Illinois Department of Transportation, 92 Ill. Adm. Code
706.Subpart C;
3) The characteristics of the disposal site shall allow
prediction, analysis and monitoring of any migration of
effluents, e.g., the site geology must be simple enough to
allow reliable hydrological modeling;
4) The depth to the water table at the disposal site shall not
permit groundwater intrusion, perennial or otherwise, into
the waste;
5) The natural characteristics of the disposal site such as
hydrology, geology, and topography shall contribute to
continued immobilization and containment, and shall ensure
that waste will be contained within the disposal site
boundary for a period of at least 1,000 years after the
decommissioning;
6) The disposal site shall not be located where other
facilities, activities or land uses could adversely impact
the ability of the site to meet the technical criteria of
this Part, or mask the environmental impacts of the disposal
area;
7) The disposal area structure shall not be located above a
geologic fault system. The disposal site geology must be
stable, i.e., mass wasting, erosion, slumping, or land
sliding shall not adversely affect the long-term
containment; and
8) The disposal area shall not be located near a capable fault
that could cause a maximum credible earthquake larger than
that which the disposal area could reasonably be expected to
withstand. As used in this Part, the term "capable fault"
has the same meaning as defined in Section III(g) of 10 CFR
100, Appendix A, in effect on January 1, 1989, exclusive of
subsequent amendments or editions. The term "maximum
credible earthquake" means that earthquake which would cause
the maximum vibratory ground motion based upon an evaluation
of earthquake potential considering the regional and local
geology and seismology and specific characteristics of local
subsurface material.
c) When evaluating disposal sites, the Department shall place
emphasis on containment of byproduct material, a matter having
long-term impacts, as opposed to consideration only of short-term
convenience, impacts or benefits. While containment of byproduct
material will be a function of both site and engineering design,
major consideration shall be given to siting features that pertain
to the long-term nature of the hazards.
d) To avoid the proliferation of small byproduct material disposal
sites and reduce perpetual surveillance obligations, byproduct
material from in situ extraction operations, such as residues from
solution evaporation or contaminated control processes, and wastes
from small remote aboveground extraction operations shall be
disposed of at existing large byproduct material disposal sites;
unless, considering the nature of the wastes, such as their volume
and specific activity, and the cost and environmental impacts of
transporting the wastes to large disposal sites, such offsite
disposal is demonstrated to be impracticable or the advantages of
onsite burial clearly outweigh the benefits of reducing the
perpetual surveillance obligations.
Section 332.220 Technical Criteria for Byproduct Material Disposal Sites -
Design Criteria
a) When submitting a proposed method of disposal for evaluation by
the Department, the licensee shall either:
1) Submit to the Department a plan describing how the licensee
will dispose of byproduct material and contaminants below
grade; or
AGENCY NOTE: The Department presumes that disposal of
tailings by placement below grade, either in mines or in
excavated pits, is the method of disposal which best
furthers the objective of containment of byproduct material
and contaminants without requiring active maintenance.
However, below grade disposal is not the most environmen-
tally sound approach if a groundwater formation is
relatively close to the surface or not very well isolated by
overlying soils and rock. Geologic and topographic
conditions might make full below grade disposal
impracticable.
2) Submit to the Department data which support the licensee's
conclusion that disposal below grade is not the most
environmentally sound approach, as well as a description of
the licensee's alternative method for tailings disposal.
The alternative method shall provide for excavation to the
greatest degree achievable, given the geologic and
hydrologic conditions at the site, so that the size of
retention structures, and the steepness of slopes of
associated exposed embankments shall be minimized. The
licensee shall also demonstrate that its proposed above
grade disposal program will provide containment of the
byproduct material equivalent or superior to that which
would be achieved from below grade disposal.
b) Disposal site surfaces
1) Embankment and cover slopes shall be relatively flat after
final stabilization to minimize the potential for erosion
and to provide conservative factors of safety assuring long-
term stability. Final slopes shall be contoured to grades
that are as close as possible to those which would be
provided if byproduct material were disposed of below grade.
Slopes shall not be steeper than 10 horizontal to 1
vertical.
2) All disposal site surfaces shall be contoured to avoid areas
of concentrated surface runoff or abrupt or sharp changes in
slope. In addition to rock cover on slopes, areas toward
which surface runoff might be directed shall be well
protected with rock cover or rip rap. Overall stability,
erosion potential, and geomorphology of surrounding terrain
must be evaluated to assure that there are not ongoing or
potential processes, such as gully erosion, that would lead
to disposal area instability.
c) The disposal site and area, where feasible, shall be designed to
incorporate features which will promote deposition. For example,
design features which promote deposition of sediment suspended in
any runoff which flows into the disposal area might be utilized;
the object of such a design feature would be to enhance the
thickness of cover over time.
d) The disposal site shall be designed so that the upstream rainfall
catchment does not increase surface erosion or flooding of the
disposal site.
e) A full self-sustaining vegetative cover shall be established or
rock cover employed to control wind and water erosion. However,
rock covering of slopes is unnecessary where:
1) top covers are very thick (on the order of 10m or greater);
2) impoundment slopes are very gentle (on the order of 10
horizontal: 1 vertical or less);
3) bulk cover materials have inherently favorable erosion
resistance characteristics;
4) there is negligible drainage catchment area upstream of the
disposal site; and
5) the topographic features of the disposal site provide wind
protection.
f) Where rock cover is employed, in order to avoid displacement of
rock particles by human and animal traffic, root invasion, or by
natural process, and to preclude undercutting and piping, the
following factors shall be accounted for in the rock cover design:
1) Shape, size, composition, and gradation of rock particles.
Except for bedding material average particle size shall be
at least cobble size or greater;
2) Rock cover thickness and zoning of particles by size;
3) Steepness of underlying slopes; and
4) Individual rock fragments shall be dense, sound, and
resistant to abrasion, and shall be free from cracks, seams,
and other defects that would tend to unduly increase their
destruction by water and frost actions. Weak, friable, or
laminated aggregate shall not be used.
Section 332.230 Technical Criteria for Byproduct Material Disposal Sites -
Groundwater Protection
a) In order to provide adequate protection of groundwater resources,
the disposal site shall be designed and constructed to conform
with the requirements of criterion 5 of 10 CFR 40, Appendix A, in
effect on January 1, 1989, exclusive of subsequent amendments or
editions. Criterion 13 of 10 CFR 40, Appendix A, in effect on
January 1, 1989, identifies the constituents for which standards
shall be set or complied with if the specific constituent is
expected to be in or derived from the byproduct material and has
been detected in groundwater.
b) The licensee shall establish a detection monitoring program needed
for the Department to set the site-specific groundwater protection
standards in subsection (a) above. The licensee or applicant
shall propose for Department approval as license conditions which
constituents are to be monitored on a site-specific basis. A
detection monitoring program shall be designed and implemented to
accomplish two purposes. The program shall be designed and
implemented to detect leakage of the hazardous constituents from
the disposal area so that the need to set groundwater protection
standards is monitored. If leakage is detected, the program shall
be designed and implemented to generate data and information
needed for the Department to establish the standards under
subsection (a) above. The data and information shall provide a
sufficient basis to identify those hazardous constituents which
require concentration limit standards and to enable the Department
to set the limits for those constituents and the compliance
period. The data and information shall also provide the basis for
adjustments to the point of compliance, if necessary.
c) Once groundwater protection standards have been established
pursuant to subsection (a), the licensee shall establish and
implement a compliance monitoring program. The purpose of the
compliance monitoring program is to determine that the hazardous
constituent concentrations in groundwater continue to comply with
the standards set by the Department. In conjunction with a
corrective action program, the licensee shall establish and
implement a corrective action monitoring program. The purpose of
the corrective action monitoring program is to demonstrate the
effectiveness of the corrective actions. Any monitoring program
required by this subsection may be based on existing monitoring
programs to the extent the existing programs can meet the stated
objective for the program.
Section 332.240 Technical Criteria for Byproduct Material Disposal Sites -
Control of Radiation Hazards
a) Licensees shall place an earthen cover over byproduct material at
the end of source material milling operations and shall close the
disposal site in accordance with a design which assures compliance
with the requirements specified in Section 332.170(c) for a period
of 1,000 years. Lands not decommissioned in accordance with
Section 332.150(b)(1) shall be incorporated into the disposal
area. Monitoring for total radon after installation of an
appropriately designed cover is not required. Total radon
emissions from cover material shall be estimated as part of
developing a closure plan. The standard for total radon release
rate specified in Section 332.170(c), however, applies only to
emissions from byproduct material. In computing required
byproduct material area cover thicknesses, average moisture in the
cover shall be determined from similar soils and under similar
circumstances. The effects of any synthetic layer shall not be
taken into account in determining the calculated total radon
release rate. If material other than soil is proposed as cover
material, it shall be demonstrated that such material will not
crack or degrade by differential settlement, weathering, or other
mechanism, over long-term time intervals. Near surface cover
material within the top three meters shall not include byproduct
material or rock that contains elevated levels of radium; soils
used for near surface cover shall be essentially the same, as far
as radioactivity is concerned, as that of surrounding surface
soils.
b) The licensee shall ensure that disposal sites are closed in a
manner that assures no active maintenance will be required. The
licensee shall address the nonradiological hazards associated with
the wastes in planning and implementing closure. To the extent
necessary to prevent threats to human health and the environment,
the licensee shall control or eliminate postclosure escape of
nonradiological hazardous constituents, leachate, contaminated
rainwater, or waste decomposition products to groundwater, surface
water or to the atmosphere.
Section 332.250 Technical Criteria - Source Material Milling Operations
a) Liquids resulting from any of the mill processes shall not be
released into surface streams. In addition, contaminated
solutions, other than liquids resulting from any of the mill
processes, shall not be released into the environment if the
solutions have radionuclide concentrations in excess of those
specified in 32 Ill. Adm. Code 340.Appendix A (see Table II,
Column 2).
b) Byproduct material shall be chemically and physically treated to
immobilize or remove the contaminants.
c) An independent quality assurance program shall be established to
assure that specifications of the monitoring program detailed in
the license are met. If adverse groundwater impacts or conditions
conducive to adverse groundwater impacts occur, action shall be
taken to alleviate the impacts or conditions and restore
groundwater quality to levels consistent with those before
operations began.
d) Source material milling operations shall be conducted so that all
airborne effluent releases are reduced to levels as low as is
reasonably achievable. Emissions controls shall be used.
Institutional controls, such as extending the licensed site
boundary and exclusion area, may be employed to ensure that
offsite exposure limits are met, but only after all practicable
measures have been taken to control emissions at the source.
Notwithstanding the existence of individual dose standards, strict
control of emissions is necessary to assure that population
exposures are reduced to the maximum extent reasonably achievable
and to avoid site contamination. During operations and prior to
closure, radiation doses from radon emissions from surface
impoundments and disposal areas containing byproduct material
shall be kept as low as is reasonably achievable. Checks shall be
made and logged hourly of all parameters which determine the
efficiency of product stack emission control equipment operation.
It shall be determined whether or not conditions are within a
range prescribed to ensure that the equipment is operating
consistently near peak efficiency. Corrective action must be
taken when performance is outside of prescribed ranges. Effluent
control devices must be operative at all times during drying and
packaging operations and whenever air is exhausting from the
product stack. Drying and packaging operations shall terminate
when controls are inoperative. When checks indicate the equipment
is not operating within the range prescribed for peak efficiency,
actions shall be taken to restore parameters to the prescribed
range. When this cannot be done without shutdown and repairs,
drying and packaging operations shall cease as soon as
practicable. Operations shall not be restarted after cessation
due to abnormal performance until needed corrective actions have
been identified and implemented. All such cessations, corrective
actions, and restarts shall be reported to the Department, in
writing, within ten (10) days of the subsequent restart.
e) To control fugitive dust from tailings, all surfaces not covered
by standing liquids shall be wetted or chemically stabilized. For
licenses initially granted after the effective date of this Part,
management of tailings shall incorporate phased-in surface
stabilization and reclamation. To control dusting from diffuse
sources, operators shall develop written operating procedures
specifying the methods of control which will be used.
f) Byproduct material shall be managed so as to conform to the
applicable provisions of 40 CFR 440, Ore Mining and Dressing Point
Source Category: Effluent Limitations Guidelines and New Source
Performance Standards, Subpart C, Uranium, Radium, and Vanadium
Ores Subcategory, in effect on January 1, 1983, exclusive of
subsequent amendments or editions.
g) Licensees and applicants shall satisfy the requirements of 40 CFR
61, in effect on July 1, 1989, exclusive of subsequent amendments
or editions.
h) Inspection of the byproduct material impoundments and disposal
areas:
1) The licensee shall conduct daily inspections of any surface
impoundment and disposal site and document the results of
the inspections. Records of the inspections shall be
maintained for review by the Department for 5 years.
2) The licensee shall notify the Department within 2 hours by
telephone and then within 48 hours by written report of any
failure of a byproduct material surface impoundment or
disposal area which results in a release of byproduct
material into unrestricted areas. The licensee shall notify
the Department, in writing, within 5 working days of any
condition which was not anticipated in the design of the
byproduct material surface impoundment or disposal area and,
if not corrected, could cause failure of embankments or
other structures containing the byproduct material and the
release of byproduct material into unrestricted areas.
3) In cases of failure of the byproduct material impoundment,
the report shall be maintained for transfer to the
governmental agency to which the title of the facility will
be transferred.
Section 332.260 Financial Surety Requirements
a) The license applicant shall establish financial surety
arrangements, prior to the Department authorization of
commencement of operations, to assure the availability of
sufficient funds for decontaminating, decommissioning and
reclaiming the source material milling facility and licensed site
as well as the stabilization and closure of the byproduct material
disposal site and the long-term care payment.
b) An acceptable surety arrangement may consist of cash or negotiable
securities deposited with the Department, irrevocable assignments
of savings or certificates of deposit, or the deposit of an
instrument executed by the applicant or licensee and a corporate
surety or financial institution with the Department designated as
the beneficiary. However, self insurance, or any arrangement
which essentially constitutes self insurance (e.g., a contract
with a State or federal agency) will not satisfy the surety
requirement since this provides no additional assurance other than
that which already exists through license requirements. The value
of the deposit shall be equal to or greater than the amount of the
surety required by subsection (c). Any surety arrangement must be
available in Illinois subject to judicial process and execution in
the event required for the purposes set forth in this Part.
c) The amount of funds to be ensured by such surety arrangements
shall be greater than or equal to the Department approved cost
estimates for:
1) decontamination, decommissioning, restoration, and
reclamation of buildings and the licensed site;
2) stabilization and closure of the disposal area; and
3) the requirements of Section 332.270 for the long-term care
payment.
d) In establishing specific surety arrangements, the applicant's or
licensee's cost estimates shall take into account the total costs
that would be incurred if an independent contractor were hired to
perform the work identified in subsections (c)(1) and (2).
e) To avoid duplication and expense, the Department will accept
surety arrangements that have been consolidated with surety
arrangements established to meet requirements of other agencies in
Illinois for decontamination, reclamation, restoration, and
disposal, if the applicant demonstrates, in writing, that such
surety provides the same or a greater degree of protection for the
licensed site, provided that such arrangements are adequate to
satisfy these requirements and that the portion of the surety
which covers the decommissioning, decontamination, reclamation,
and stabilization of the site, and the long-term care payment is
specifically identified and committed for use in accomplishing
these activities.
f) The applicant's or licensee's surety arrangements will be reviewed
annually by the Department to assure that sufficient funds will be
available for completion of the closure plan if the work was to be
performed by an independent contractor. The amount of surety
shall be adjusted to recognize any increases or decreases
resulting from inflation, changes in engineering plans, activities
performed, and any other conditions affecting costs. Regardless
of whether closure is phased through the life of the operation or
takes place at the end of operations, a portion of the surety
shall be retained until final compliance with the closure plan is
determined by the Department.
g) The term of the surety mechanism shall be open-ended, unless the
licensee proposes another arrangement which provides an equivalent
or greater level of assurance. The surety instrument shall
provide that the surety mechanism will not be cancelled unless the
surety notifies both the Department and the licensee at least 90
days prior to cancellation. Proof of forfeiture shall not be
necessary to collect the surety so that in the event that the
licensee could not provide an acceptable replacement surety within
the required time, the surety shall be automatically collected
prior to its expiration or cancellation.
Section 332.270 Long-Term Care Payment
a) Prior to termination of a source material milling or byproduct
material license, a minimum payment of $250,000 (1978 dollars)
to cover the cost of long-term care shall be paid by the licensee.
If title and custody to land and byproduct material are
transferred to the State, the payment shall be made to the State
agency assuming custody. If title and custody are transferred to
a federal agency, the payment shall be deposited in the general
treasury of the United States.
b) If the cost of long-term care is determined on the basis of a site
specific evaluation, to be greater than $250,000 (1978 dollars),
variance in the funding requirements shall be specified by the
Department. The total amount of the payment must be such that
with an assumed 1 percent annual real interest rate, the collected
funds will yield interest in an amount sufficient to cover the
annual costs of long-term care. The minimum funding requirement
will be adjusted annually prior to actual payment to recognize
inflation. The inflation rate to be used is that indicated by the
change in the Consumer Price Index published by the U.S.
Department of Labor, Bureau of Labor Statistics.
Section 332.280 Land Ownership
a) These requirements relating to ownership of byproduct material,
mineral rights and disposal sites apply to all licenses
terminated, issued, or renewed after the effective date of this
Part.
b) Unless exempted by NRC, title to land (including any affected
interests therein) which is used for the disposal of byproduct
material, or is essential to ensure the long-term stability of the
disposal area and the title to byproduct material shall be
transferred to the United States of America or the State of
Illinois, at the State's option, prior to the termination of the
license. The applicant or licensee shall attempt to obtain
ownership of severable subsurface interests and rights, and shall,
in the event that certain rights cannot be obtained, provide
notification in local public land records of the fact that the
land is being used for the disposal of radioactive material and is
subject to an NRC license prohibiting the disruption and
disturbance of the radioactive material.
c) The use of the surface or subsurface estates, or both, of the
lands transferred to the State or to the United States of America
is prohibited unless the NRC determines by order that such use
will not endanger the public health, safety, welfare, or
environment. The person who transferred such lands to the State
or to the United States of America shall have the right of first
refusal with respect to such use of such lands.
d) Byproduct material and land transferred to the United States of
America or the State in accordance with this section shall be
transferred without cost to the United States of America or the
State other than administrative and legal costs incurred in
carrying out such transfer.
e) The provisions of this Section respecting transfer of title and
custody to land and byproduct material do not apply in the case of
lands held in trust by the United States of America for any Indian
tribe or lands owned by such Indian tribe subject to a restriction
against alienation imposed by the United States of America. Where
such lands are used for the disposal of byproduct material, the
licensee shall enter into arrangements with the NRC as may be
appropriate to assure the long-term care of such lands by the
United States of America.
f) Prior to termination of the license, the licensee shall provide
evidence that it will comply with ownership requirements of this
Section.
Section 332.290 Maintenance of Records, Reports, and Transfers
a) Each licensee shall maintain any records and make any reports in
connection with the license 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 to be maintained by regulation or by
license conditions shall be maintained for a time period specified
in the applicable regulation or license condition. If a record
retention period is not otherwise specified, these records shall
be maintained and transferred to the officials specified in
subsection (d) below as a condition of license termination unless
the Department otherwise authorizes their disposition.
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 copy that is clear and
legible at the end of the required retention period.
d) Copies of records of the location and quantity of byproduct
material contained in the disposal site shall be transferred upon
license termination to the Department, the agency responsible for
long-term care, the U.S. Nuclear Regulatory Commission, the chief
executive of the nearest municipality, the chief executive of the
county in which the disposal site is located, the county zoning
board or land development and planning agency, and the Governor.
e) Each licensee 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 the continued
financial qualifications of the licensee.
f) Each licensee shall submit status reports to the Department. The
reports shall be submitted within 60 days after January 1 and July
1 of each year and shall cover the previous 6 months of operation.
The reports shall include:
1) Specification of the quantity of each of the radionuclides
released to unrestricted areas in liquid and gaseous
effluents;
2) The results of the environmental monitoring program;
3) The data shall be reported in a manner that will permit the
Department to confirm the potential annual radiation doses
to the public;
4) A summary of licensee survey and maintenance activities;
5) A summary of activities and quantities of licensed material
processed, stored, transferred, or disposed of; and
6) Any instances in which observed site, facility, process, or
equipment characteristics were significantly different from
those described in the application for a license; and
7) If the quantities of radionuclides released are more than
25% greater than those anticipated in the license
application, or if unanticipated maintenance is performed, a
discussion of the cause of the release or the reason for the
maintenance.
