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 130�F (54.5�C). 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.
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.
