TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER d: LOW LEVEL RADIOACTIVE WASTE/TRANSPORTATION
PART 606
REQUIREMENTS FOR THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE
AWAY FROM THE POINT OF GENERATION
Section
606.10 Scope
606.20 Definitions
606.30 Requirements for Design, Construction, Operation, Monitoring, and
Maintenance of the Low-Level Radioactive Waste Disposal Facility
606.40 Recordkeeping Requirements
606.50 Technical Qualifications of Personnel
606.60 Financial Responsibility of Facility Operator
606.70 Contingency Plan and Emergency Procedures
606.80 Closure, Post-Closure, Maintenance, and Institutional Care
606.90 Emergency Closure
AUTHORITY: Implementing and authorized by Section 6 of the Illinois Low-Level
Radioactive Waste Management Act (Ill. Rev. Stat. 1989, ch. 111�, par. 241-6).
SOURCE: Adopted at 12 Ill. Reg. 4824, effective March 1, 1988; amended at 12
Ill. Reg. 18171, effective October 31, 1988; amended at 15 Ill. Reg. 8958,
effective June 10, 1991.
Section 606.10 Scope
This Part sets out standards applicable to facilities for the disposal of low-
level radioactive wastes away from the point of generation. These standards
are in addition to the requirements specified in the rules of the Department
of Nuclear Safety entitled "Licensing Requirements of Land Disposal of
Radioactive Waste" (32 Ill. Adm. Code 601). The development and operation of
a disposal facility in compliance with the requirements of this Part and Part
601 would reflect the best available management technologies which are
economically reasonable, technologically feasible, and environmentally sound
for the disposal of low-level radioactive waste as required by Section 6 of
the Illinois Low-Level Radioactive Waste Management Act (The Act) (Ill. Rev.
Stat. 1987, ch. 111�, par. 241-et seq.).
Section 606.20 Definitions
Except where otherwise indicated, the terms in this Part shall have the
meaning provided in 32 Ill. Adm. Code 601. In addition, the following
definitions shall apply:
a) "Accepted engineering principles and practices" means those
engineering principles and practices that are used by engineers
when fulfilling their requirements and duties consistent with the
specific requirements of this Part and as certified by a
Professional Engineer licensed under the Illinois Professional
Engineering Act (Ill. Rev. Stat. 1989, ch. 111, par. 5101).
b) "Background Level" means the alpha, beta and gamma activity of
radioactive elements which occur naturally in the air, water or
soils at the facility site.
c) "Department" means the Illinois Department of Nuclear Safety.
d) "Disposal Facility" means a parcel of land or site, together with
structures, equipment and improvements on or appurtenant to the
land or site, which is used or is being developed for the disposal
of low-level radioactive waste. "Facility" does not include
lands, sites, structures or equipment used by a generator in the
generation of low-level radioactive wastes (Section 3 of The Act).
e) "Disposal Module" means a discrete portion of the disposal unit,
including waste, waste packages, and engineered features.
f) "Disposal Unit" means a discrete portion of the disposal site into
which waste is placed for disposal.
g) "Low-Level Radioactive Waste" (or "Waste") means radioactive waste
not classified as high-level radioactive waste as defined in
Section 2 of the Nuclear Waste Policy Act of 1982, 42 U.S.C.
10101, transuranic waste, spent nuclear fuel or byproduct material
as defined in Section 11e(2) of the Atomic Energy Act of 1954, 42
U.S.C. 2014. Except when otherwise indicated in the rules, low-
level radioactive waste includes "mixed waste."
h) "Mixed Waste" means waste that is both "hazardous waste" and "low-
level radioactive waste" as defined in this Act (Section 3 of The
Act).
i) "Shallow Land Burial" means a land disposal facility in which
radioactive waste is disposed of in or within the upper 30 meters
of the earth's surface. However, this definition shall not
include an enclosed, engineered, structurally re-enforced and
solidified bunker that extends below the earth's surface (Section
3 of The Act).
(Source: Amended at 15 Ill. Reg. 8958, effective June 10, 1991)
Section 606.30 Requirements for Design, Construction, Operation, Monitoring,
and Maintenance of the Low-Level Radioactive Waste Disposal Facility
a) Design and Construction of the Facility - Performance Objectives
The disposal facility shall be designed and constructed, based on
accepted engineering principles and practices, to further the
following performance objectives:
1) The design and construction of the disposal facility shall
utilize the best available technology that is economically
reasonable, technologically feasible, and environmentally
sound for disposal of waste (Section 6 of The Act).
2) The design of the disposal facility must be compatible with
the expected waste characteristics, methods of operation,
and proposed methods of closure and stabilization and shall
demonstrate that the requirements of 32 Ill. Adm. Code 601
will be met.
3) The facility design shall allow closure in a manner that
isolates the wastes and waste constituents and that requires
only minor custodial care to assure long term performance.
4) The disposal facility shall be designed and constructed to
provide for the complete containment of waste and waste
constituents.
5) The disposal facility shall be designed and constructed to
allow remedial action, if necessary. Achievement of this
objective shall not be accomplished by compromising, or in
any way lessening, the ability of the disposal facility to
satisfy the performance objectives and requirements of this
Part and of 32 Ill. Adm. Code 601.
6) Disposal units shall be designed so that their engineered
components will maintain their structural integrity and
prevent release of waste and waste constituents.
b) Design and Construction of the Facility - Requirements
1) The disposal facility design shall not incorporate the use
of shallow land burial or underground injection wells and
shall provide for the use of above-ground modules or other
designs to provide greater and safer confinement of low-
level radioactive waste. The disposal facility shall meet
the licensing requirements of 32 Ill. Adm. Code 601.
2) The facility shall be designed to accept waste for disposal
for a period of at least 50 years. Requisite capacity shall
be based on volume and activity projections available from
the Department pursuant to Section 4 of The Act. The
facility shall be designed to accommodate waste generated
during the decommissioning of nuclear power stations in
Illinois.
3) The facility shall be designed for the disposal of both low-
level radioactive waste and mixed waste.
4) Support buildings (i.e., buildings at the facility other
than those in which waste is disposed of) at the facility
shall meet the following requirements:
A) All buildings shall be designed and constructed to be
permanent in nature with an estimated lifetime of at
least 60 years.
B) During the operational period of the facility,
trailers and temporary buildings shall be limited to
12 months on site.
C) Buildings shall be designed, constructed and
maintained in accordance with the following standards:
i) "Occupational Safety and Health Standards" of
the Occupational Safety and Health Agency, 29
CFR 1910, Subparts A - Q and Subpart S, July 1,
1990, exclusive of subsequent amendments. A
copy of this material is available for
inspection at the Department.
ii) "Safety and Health Regulations for Construction"
promulgated by the Occupational Safety and
Health Administration, 29 CFR 1926, July 1,
1990, exclusive of subsequent amendments. A
copy of this material is available for
inspection at the Department.
iii) Uniform Building Code, published by the National
Conference of Building Officials, current as of
1988 and as amended by the 1990 Accumulative
Supplement, but exclusive of subsequent
amendments or editions. Copies of this Code can
be obtained directly from the National
Conference of Building Officials, 5360 S.
Workman Mills Road, Whittier, CA 90601. A copy
of this code is also available for inspection at
the Department.
iv) Uniform Mechanical Code, published by the
National Conference of Building Officials,
current as of 1988 and as amended by the 1990
Accumulative Supplement, but exclusive of
subsequent amendments or editions. Copies of
this Code can be obtained directly from the
National Conference of Building Officials, 5630
S. Workman Mills Road, Whittier, CA 90601. A
copy of this code is also available for
inspection at the Department.
v) National Electric Code, published by the
National Fire Protection Association, current as
of 1990, exclusive of subsequent amendments or
editions. Copies of this can be obtained
directly from the National Fire Protection
Association, Batterymarch Park, Quincy, MA
02269. A copy of this code is also available
for inspection at the Department.
vi) Minimum Design Loads for Buildings and Other
Structures, ASCE 7-88, current as of July 1990,
exclusive of subsequent amendments or editions.
Copies of the standard can be obtained directly
from the American Society of Civil Engineers,
345 East 47th Street, New York, New York 10017-
2398. A copy of the standard is also available
for inspection at the Department.
vii) Local Building Codes.
viii) In the event that two or more building standards
conflict or apply, the most stringent standard
shall be met.
5) The disposal unit shall be designed and constructed to
withstand all natural phenomena, such as precipitation,
earthquakes, and tornadoes, which are expected to occur for
five hundred years.
6) The disposal unit shall meet the following design
requirements:
A) Disposal modules shall be designed and constructed to
incorporate multiple engineered safety features, such
as, but not limited to, placing a cover over disposal
modules, using backfill that adds structural strength
to the module, and reinforcing modules with
manufactured materials that are independently
monitored and that provide structural support, prevent
the release of waste and waste constituents, and
prevent inadvertent intrusion (See 32 Ill. Adm. Code
601.20);
B) The disposal unit shall be modular, incorporating
design elements that will allow operation of the
facility in such a manner that the amount of waste on
site that is not yet permanently disposed of, as well
as the time that waste is held on site prior to
disposal, will be minimized;
C) Disposal modules must be designed and constructed to
accommodate waste that cannot be packaged in standard
containers, e.g., reactor components, contaminated
steel;
D) Disposal modules made of manufactured materials must
be designed and constructed, using accepted
engineering principles and practices, to ensure that
the tensile stress in the manufactured materials never
exceeds the level that will cause the materials to
fail. Any support provided by structural reinforce-
ment, such as steel or rebar, shall be taken into
account only if the structural reinforcement is
designed and constructed to ensure maintenance of the
structural reinforcement's minimum required strength
for the entire design life of the disposal module;
E) Disposal modules must be designed to maintain their
structural integrity regardless of the physical form
of the waste;
F) Disposal modules shall be designed and constructed so
that water cannot infiltrate and remain in contact
with waste packages;
G) Disposal modules must be constructed of materials that
will not interact with each other, any surrounding
earth, backfill, any cover material, or base grade
material in such a manner as to compromise the ability
of the materials to perform their intended function;
H) If intruder barriers are required by 32 Ill. Adm. Code
601.250(b), disposal modules must be designed and
constructed, using accepted engineering practices,
with intruder barriers designed to last at least 500
years;
I) Mixed waste shall be disposed of in modules that are
designed, constructed, operated, closed, and monitored
in compliance with both 32 Ill. Adm. Code 601 and 35
Ill. Adm. Code 724; and
J) Disposal module design shall allow characterization,
modeling, analysis, and evaluation of the module's
capability to contain waste.
c) Operation and Maintenance - Performance Objective
The low-level radioactive waste disposal facility shall be
operated in a manner that reduces the risks associated with
radiation to workers and the general public to levels that are as
low as is reasonably achievable.
d) Operation and Maintenance - Requirements
1) The facility shall be operated in compliance with following
requirements applicable to licensees of the Department: 32
Ill. Adm. Code 200, 310, 320, 330, 340, 341, 400, and 601.
2) Waste shall not be disposed of at the facility unless the
waste complies with the applicable waste form standards.
Any waste received that is not in compliance with these
standards shall either be treated prior to disposal or
returned to the generator or broker, provided the waste
packages comply with the packaging requirements of 32 Ill.
Adm. Code 341. Wastes may be treated at the disposal
facility only if the operator is licensed to engage in
treatment activities. If the waste packages are not in
compliance with the 32 Ill. Adm. Code 341, the operator
shall either repackage the waste for return or treat the
waste so that it is in a form which is acceptable for
disposal. The generator or broker who shipped the waste to
the disposal facility shall be liable for any expense
incurred due to repackaging or processing unacceptable waste
forms, or for expenses incurred in shipping the waste back
to the generator if required.
AGENCY NOTE: Pursuant to Section 7 of the Illinois Low-
Level Radioactive Waste Management Act (Ill. Rev. Stat.
1989, ch. 111�, par. 241-7), the Department will be
promulgating rules setting forth waste form standards.
3) Waste shall not be disposed at the facility unless the waste
is accompanied by a proper manifest. In the event that
waste is received at the facility without a proper manifest,
the operator shall notify the Department and contact the
shipper to obtain a proper manifest. In the event that a
proper manifest cannot be obtained, the facility operator
shall take such other action as the Department requires,
such as, but not limited to, analyzing the contents of the
unmanifested shipment and preparing a manifest reflecting
the results, and with the approval of the Department, based
on requirements contained in the license and the
Department's rules, disposing of the waste, in accordance
with the requirements imposed by the facility license, at
the shipper's expense.
4) The facility shall be operated so that no person outside the
facility boundary receives a radiation dose in excess of 1
millirem per year to the whole body as a result of the
facility operations.
5) To the extent practicable, wastes shall be disposed of in
containers of standard size and shape.
6) The facility shall be operated in a manner that reduces the
amount of waste on site that has not yet been permanently
disposed of and that minimizes the time the waste is held on
site prior to disposal.
7) The facility operator shall provide personnel, equipment,
and procedures for acquiring environmental samples and
conducting on-site tests to detect any releases of radio-
nuclides into the air, soil, water, and groundwater, as well
as for monitoring radiation exposures to facility personnel
in accordance with 32 Ill. Adm. Code 340.2020. In addition,
the facility operator shall provide for environmental
sampling and testing to detect releases of waste or waste
constituents into the air, soil, and water which are either,
listed as hazardous in Subpart D of 40 CFR 261, or cause the
waste to exhibit any of the hazardous waste characteristics
identified in Subpart C of 40 CFR 261. 40 CFR 261 is
incorporated as of July 1, 1990, exclusive of subsequent
amendments or editions. A copy of 40 CFR 261 is available
for inspection at the Department of Nuclear Safety.
8) The facility operator shall not accept waste at the facility
until the waste shipment has been inspected and approved by
the Department, as required by Section 9(e) of The Act. The
operator shall provide office space, not smaller than 20
feet by 20 feet, in a building located near the gate where
waste is received, to be used by the resident inspector from
the Department. The operator will maintain the building and
supply electricity, heat, air conditioning, water, and
restroom facilities.
9) The facility operator shall maintain a direct data link with
the Department's offices in Springfield and shall transmit
to the Department facility records regarding the receipt,
handling, and disposition of low-level radioactive waste as
required by this Part.
10) The facility operator shall maintain a public documents
room.
11) The facility operator shall maintain a public information
center in the community where the facility is located.
12) The facility operator shall make all records of facility
operations available upon request of the Department pursuant
to its authority under Section 8 of The Act and Section 27
of the Radiation Protection Act of 1990 (P.A. 86-1341,
effective September 7, 1990) and shall provide access to
every part of the facility to representatives of the
Department.
e) Facility Monitoring - Performance Objective
The low-level radioactive waste disposal facility shall include a
monitoring system, which, based on accepted engineering principles
and practices, is capable of determining compliance with this Part
and 32 Ill. Adm. Code 601.
f) Facility Monitoring - Requirements
1) The disposal facility shall include a monitoring system for
detecting releases of radioactive or hazardous material
within the disposal modules during facility operations.
2) The disposal facility shall include a monitoring system for
detecting releases of radioactive or hazardous materials
from the disposal unit.
3) The disposal facility shall include a monitoring system
capable of detecting releases of radioactive or hazardous
materials from the facility.
4) The disposal facility shall include a monitoring system
capable of detecting releases into the air, soil, surface
water and groundwater.
g) Maintenance
1) The facility operator shall conduct a program of in-situ
testing of the design and construction of disposal modules.
The in-situ testing program shall continue during the period
of operation, and closure. The program shall be designed to
provide additional information regarding the expected long
term performance of the facility, to identify any
deficiencies or defects in design and construction of
disposal units, and to form the basis for recommending
changes on design, construction, and operation of the
facility that would increase the safety or efficiency of
waste disposal.
2) The facility operator shall, at all times, maintain the
facility structures and equipment to promote occupational
safety and worker protection, and to assure uninterrupted
operation of the facility.
(Source: Amended at 15 Ill. Reg. 8958, effective June 10, 1991)
Section 606.40 Recordkeeping Requirements
a) Annual Report
The facility operator shall submit an annual report to the
Director of the Department and shall place a copy of the report in
the public documents room. This report shall contain, but need
not be limited to, the following:
1) A summary of the sources, volumes, curie contents, and types
of low-level radioactive waste received at the facility in
the previous year and an inventory of the total volume and
curie content of wastes disposed of at the facility since it
commenced operation;
2) A summary of facility operations;
3) A description of any incidents in which radioactive
materials were or could have been released, or accidents, as
well as a description of any occupational exposures in
excess of the limits set by 32 Ill. Adm. Code 340 which
occurred during the previous year to the whole body, as a
result of the facility operations;
4) A description of the environmental and personnel monitoring
programs and the results of those programs;
5) A description of the status and adequacy of plans for
closing the facility, actively maintaining the facility for
a period of not less than 10 years following closure, and
providing institutional care of the facility, specifying and
considering information learned as a result of the program
of in-situ testing and other facility operations during the
previous year;
6) An accounting of the fees collected by the facility operator
for deposit by the Department into the "Low-Level
Radioactive Waste Facility Closure, Post-Closure Care and
Compensation Fund," established by Ill. Rev. Stat., ch.
111�, par. 241-14(b). The accounting shall be performed
using the accounting standards of the Financial Accounting
Standards Board of the American Institute of Certified
Public Accountants, current as of July 1, 1987, exclusive of
subsequent amendments or editions;
7) The results of the program for in-situ testing and
evaluation of disposal unit design and construction, and
recommendations; and
8) A description of any events that would jeopardize the
continued safe operation of the facility.
b) Unmanifested Waste Report
The facility operator shall notify the Department inspector,
immediately of any waste received at the facility that is
unaccompanied by a proper manifest. In the inspector's absence,
the operator shall notify the Department by telephone or telegraph
within 24 hours of receipt.
c) Closure and Remedial Action Fund Status Reports
The facility operator shall submit quarterly reports on the
amounts, status, and adequacy of liability coverage and funds
available for closing the facility and implementing the
contingency plan.
d) Accident Report
The facility operator shall provide a written report to the
Department within seven days of any event resulting in either a
release of radioactive material from a disposal unit or a
radiation dose to any person outside the facility in excess of 1
millirem per year to the whole body. The report shall include:
1) A description of the release, resulting exposures and
impacts;
2) A description of the events causing such releases or
exposures;
3) A description of the remedial action taken; and
4) A description of actions that will be taken to prevent such
events from occurring in the future.
Section 606.50 Technical Qualifications of Personnel
a) Personnel developing the facility shall meet the requirements
listed below. The qualifications listed below are set forth as
minimum requirements for the organization and must be met
collectively, but not necessarily met by a single individual:
1) Project Manager
The Project Manager must have previous managerial experience
on a project of similar magnitude and complexity (i.e., a
project of similar budget, duration, staffing and regulatory
complexity). In addition, the Project Manager must have
been manager of a project which involved supervision of at
least 30 professional (engineering or other technical)
employees. Additionally, the Project Manager must be
familiar with federal, state and local requirements
applicable to radioactive or hazardous waste disposal, or
with radioactive materials licensing. The Project Manager's
familiarity with these regulatory requirements shall have
been obtained through involvement on previous projects.
2) Senior Project Engineer - The Senior Project Engineer shall:
A) Be a Registered Professional Engineer, registered in
Illinois by the Department of Professional Regulation
in accordance with the Illinois Professional
Engineering Act (Ill. Rev. Stat. 1987, ch. 111, par.
5101, et seq.) or be a Registered Professional
Engineer in another state and be eligible for
reciprocal registration within six months; and
B) Have been a senior engineer on at least 2 other
engineering projects of similar complexity and
magnitude (i.e., projects of similar budget, duration,
magnitude and regulatory complexity) as the proposed
project.
3) Mechanical Engineer
The mechanical engineer, if utilized, shall:
A) Be a Registered Professional Engineer registered in
Illinois by the Department of Professional Regulation
in accordance with the Illinois Professional
Engineering Act (Ill. Rev. Stat. 1987, ch. 111, par.
5101, et seq.) or be a Registered Professional
Engineer in another state and be eligible for
reciprocal registration within six months; or
B) Have a degree in mechanical engineering and at least 5
years experience as a mechanical engineer.
4) Geotechnical or Civil Engineer
The geotechnical or civil engineer shall:
A) Be a Registered Professional Engineer registered in
Illinois by the Department of Professional Regulation
accordance with the Illinois Professional Engineering
Act (Ill. Rev. Stat. 1987, ch. 111, par. 5101, et
seq.) or be a Registered Professional Engineer in
another state and be eligible for reciprocal
registration within six months; or
B) Have a degree in geotechnical or civil engineering and
at least 5 years experience as a geotechnical or civil
engineer.
5) Structural Engineer
At a minimum, the structural engineer shall:
A) Be Registered Structural Engineers, registered in
Illinois by the Department of Professional Regulation
in accordance with the Illinois Structural Engineering
Act (Ill. Rev. Stat. 1987, ch. 111, par. 6501, et
seq.), or be a Registered Structural Engineer in
another state and be eligible for reciprocal
registration within six months; and
B) Shall have at least 10 years of experience in
reinforced concrete design and construction.
6) Geohydrologist
The geohydrologist shall either:
A) Hold a Master's Degree in geology or geohydrology, and
have at least 5 years experience as a geohydrologist;
or
B) Hold a bachelor's degree in geology and have at least
8 years of experience as geohydrologist.
7) Environmental Scientist
The environmental scientist shall:
A) Hold an advanced degree (Ph.D., M.A. or M.S.) in
Environmental Science or related natural or physical
science (e.g., chemistry, biology, or physics); and
B) Have at least 5 years experience in evaluating and
mitigating environmental impacts.
8) Health Physicists
A) Design, Development and Planning of Operation
The health physicist shall either:
i) Be certified by the American Board of Health
Physics, 800 W. Parkdrive, Suite 400, McLean,
Va., 22101, in accordance with that
organization's standards for certification in
effect on January 1, 1988. A copy of these
standards is available from the Department;
ii) Hold a Doctorate (Ph.D.) in health physics or
physics and have at least three years of applied
radiation protection experience; or
iii) Hold a Master's (M.S., M.A.) degree in health
physics or physics and have at least five years
of applied radiation protection experience.
B) Operation
The health physicist shall either:
i) Be certified by the American Board of Health
Physics, 800 W. Parkdrive, Suite 400, McLean,
Va., 22101, in accordance with that
organization's standards for certification in
effect on January 1, 1988. A copy of these
standards is available from the Department;
ii) Hold a Doctorate (Ph.D.) in health physics or
physics and have at least three years of applied
radiation protection experience;
iii) Hold a Master's (M.S., M.A.) degree in health
physics or physics and have at least five years
of applied radiation protection experience; or
iv) Hold a Bachelor's (B.S., B.A.) degree in health
physics or in a natural or physical science, and
have at least eight years of applied radiation
protection experience.
9) Radiochemist
The radiochemist shall:
A) Hold an advanced degree (Ph.D., M.A., M.S.) in
radiochemistry or chemistry; and
B) Have at least 5 years experience working in a
radiochemistry laboratory.
10) Community Liaison
The community liaison shall have either:
A) An advanced degree (M.S., M.A., Ph.D.) in public
administration or a related field (e.g., public
affairs, technology and public policy) and a minimum
of three years experience in conducting public
participation programs, particularly those involving
the siting and of locally controversial land uses; or
B) A bachelor's degree (B.A., B.S.) in public
administration or a related field and a minimum of
five years experience in conducting public
participation programs, particularly those involving
the siting of locally controversial land uses (such as
prisons or sanitary landfills).
b) Personnel operating facility:
In addition to individuals listed in subsection (a), the operator
shall have a comptroller and a management information services
staff that meets the following qualifications:
1) Comptroller - The comptroller shall be experienced in
managing projects of similar budget size and complexity of
the proposed project. The comptroller shall hold a degree
in accounting and shall have at least 5 years experience.
2) Information Management Services Specialist
The information management specialist shall hold a
bachelor's or graduate level degree in computer science or
in Information Management and shall have at least three
years of computer programming experience.
c) All personnel shall have training in the following:
1) The characteristics of radiation;
2) The significance of radiation dose;
3) The levels of radiation from sources of radiation;
4) Methods of controlling radiation dose, including working
time, working distances, and shielding;
5) Use of personnel monitoring equipment; and
6) The operator's operating and emergency procedures.
Section 606.60 Financial Responsibility of Facility Operator
a) The facility operator shall meet either of the following tests to
establish that it has the financial resources necessary to meet
its financial obligations established under 32 Ill. Adm. Code 601,
and the Illinois Low-Level Radioactive Waste Management Act.
1) Test One: The operator must have:
A) Two of the following three ratios: a ratio of total
liabilities to net worth less than 2.0; a ratio of the
sum of net income plus depreciation, depletion and
amortization of total liabilities greater than 0.1;
and a ratio of current assets to current liabilities
greater than 1.5; and
B) Net working capital and tangible net worth each at
least six times the sum of the closure and post-
closure costs estimates provided in the license
application as required by 32 Ill. Adm. Code 601.310;
and
C) Tangible net worth of at least $10 million; and
D) Assets in the United States amounting to at least 90
percent of its total assets or at least six times the
sum of the closure and post-closure estimates
contained in license application.
2) Test Two: The operator must have:
A) A current rating for its most recent bond issuance of
AAA, AA, A, or BBB as issued by Standard and Poor or
Aaa, Aa, A or Baa as issued by Moody; and
B) Tangible net worth at least six times the sum of the
closure and post-closure cost estimates contained in
the license application as required by 32 Ill. Adm.
Code 601.310; and
C) Tangible net worth of at least $10 million; and
D) Assets located in the United States amounting to at
least 90 percent of its total assets or at least six
times the sum of the closure and post-closure cost
estimates contained in the proposal.
b) When determining whether the facility operator has satisfied the
financial requirements of subsection (a), the Department shall
apply the accounting standards of the Financial Accounting
Standards Board of the American Institute of Certified Public
Accountants current as of July 1, 1987, exclusive of subsequent
amendments or editions.
c) The facility operator shall post a performance bond with the
Department or show evidence of liability insurance or other means
of establishing financial responsibility in an amount sufficient
to adequately provide for any necessary remedial actions or
liabilities that might be incurred by the operation of a facility
during the operating period and during a reasonable period of
post-closure care (Section 6(b) of The Act).
(Source: Amended at 15 Ill. Reg. 8958, effective June 10, 1991)
Section 606.70 Contingency Plan and Emergency Procedures
a) Purpose and Implementation of Contingency Plan
1) The operator must have contingency plan for the facility.
The contingency plan must be designed to minimize risks to
human health and the environment from fires, explosions or
any unplanned release, sudden or gradual, of waste or waste
constituents to air, soil, surface water, and groundwater.
The plan must also be designed to minimize risks or
consequences that would result from temporary or premature
closure of the disposal facility.
2) The provisions of the contingency plan must be carried out
immediately whenever there is a fire, explosion, release of
waste or waste constituents to the environment, or whenever
there is an unscheduled closure of the facility, either
temporary or permanent.
b) Content of Contingency Plan; Procedures
1) The facility operator shall prepare a contingency plan which
provides the response action to be taken in the event that
there is a release of radionuclides, there is a temporary
inability to dispose of wastes at the facility (e.g.,
because the facility has been closed temporarily), or the
facility is permanently closed. Plans shall be specific to
the particular contingency being addressed and shall include
at a minimum the specific information required by subsection
(b)(2).
2) The facility operator shall consult with the Department and
the Illinois Emergency Services and Disaster Agency and
prepare a contingency plan to respond to a potential release
of radionuclides. Local authorities shall also be
encouraged to assist in the preparation of the contingency
plan. At a minimum, this plan shall contain the following:
A) A description of the licensee's facility and the area
near the site;
B) An identification of each type of accident for which
protective actions for the public may be needed;
C) An analysis of the potential doses to the public from
each type of accident;
D) Identification of the means of detecting each type of
accident in a timely manner;
E) A description of the procedures and equipment for
mitigating the consequences of each type of accident,
including equipment provided to protect workers on-
site;
F) A description of the methods and equipment used to
monitor and evaluate releases of radioactive
materials;
G) A description of the responsibilities of the
operator's personnel should an accident occur,
including identification of personnel responsible for
notifying off-site authorities and notifying the
Department;
H) A description of the means for notifying immediately
off-site authorities and for requesting off-site
assistance resources;
I) A description of the methods for assuring that
recommended protective actions and distances are
communicated to response organizations and the public;
J) A description of instructions the operator would give
to fire, police, medical, and other emergency
personnel;
K) A description of the means for restoring the facility
to a condition that is consistent with the provisions
of this Part, Part 601, and the terms of the facility
license, after an accident and for remediating
releases to unrestricted areas to background levels;
L) Provisions for conducting on-site drills prior to
initial receipt of waste for disposal, at least once
annually thereafter, and within 30 days after any
amendment of the contingency plan which is required by
subsection (d)(1) (A), (B), or (C). Local fire,
police, medical and other personnel who might be
called upon in an emergency shall be allowed to
participate in the drills;
c) Copies of Contingency Plan
A copy of the contingency plan and all revisions to the plan must
be:
1) Maintained at the facility;
2) Submitted to the Department;
3) Submitted to the Illinois Emergency Services and Disaster
Agency; and
4) Submitted to all local police departments, fire departments,
hospitals, and state and local emergency response teams that
might be called upon to provide emergency services.
d) Amendment of Contingency Plan
1) The contingency plan must be reviewed and immediately
amended, if necessary to maintain compliance with this
Section, whenever:
A) The facility license is revised;
B) The existing contingency plan fails when actually
applied;
C) The facility changes in a way that materially
increases the potential for fires, explosions or
releases of waste or waste constituents (e.g., a
change of manufactured materials used, a change in
facility design) or changes the response necessary in
the event of an emergency;
D) The list of emergency coordinators changes; or
E) The list of emergency equipment changes.
2) If the contingency plan is amended to comply with
subsections (d)(1)(A), (B), or (C), the complete plan, as
amended, shall be distributed to those entities identified
in subsection (c) above. If the plan is amended to comply
with subsections (d)(1)(D) or (E), only the revised lists
need be distributed.
3) The contingency plan shall be reviewed and revised as
necessary, at least once every five years.
e) Emergency Coordinator
1) At all times, there must be at least one employee either on
the facility premises or on call (i.e., available to respond
to an emergency by reaching the facility within 60 minutes)
who is responsible for coordinating all emergency response
measures.
2) This emergency coordinator must be thoroughly familiar with
all aspects of the facility's contingency plan, all
operations and activities at the facility, the location and
characteristics of waste handled, the location of all
records within the facility and the facility layout. In
addition, this person must have the authority to commit the
resources needed to carry out the contingency plan. The
emergency coordinator must also be competent to carry out
responsibilities as described in subsection (b).
Section 606.80 Closure, Post-Closure, Maintenance and Institutional Care
a) Closure, Post-Closure, Maintenance and Institutional Care -
Performance Objective:
1) The facility shall be closed in a manner that isolates waste
and requires only minor custodial care for ongoing
maintenance to assure long term performance.
2) The facility shall be closed in a manner which considers
future beneficial uses, so documented in the provisions
required under 32 Ill. Adm. Code 605, of the site and
surrounding areas consistent with 32 Ill. Adm. Code
605.70(b). This objective shall not be accomplished by any
method which compromises, or in any way, lessens the ability
of the facility to be closed in accordance with other
objectives and requirements of this Part and 32 Ill. Adm.
Code 601.
b) Closure, Post-Closure, Maintenance and Institutional Care
Requirements:
1) Closure Plan - The facility operator shall prepare a closure
plan prior to constructing the facility. The plan shall be
consistent with the performance objectives of this Part and
32 Ill. Adm. Code 601, and shall include, but need not be
limited to the following:
A) A procedure for disposal of all waste and contaminated
equipment remaining on site at the time of closure,
removal of structures and equipment, and installation
of permanent markers;
B) An estimate of the funds needed to close the facility,
and provisions for assuring the availability of those
funds pursuant to 32 Ill. Adm. Code 601 and Section
14(b) of The Act;
C) A description of how the facility closure will satisfy
the performance objectives of this Section and the
requirements of 32 Ill. Adm. Code 601;
D) A description of the permissible users of the facility
and buffer zone following any closure; and
E) A description of the monitoring systems to be
implemented during the closure, post-closure, and
institutional control periods.
2) Closure Funds - The facility operator shall maintain or
provide for the availability of funds sufficient to
implement the closure plan. The amount of the funds shall
be based on the assumption that an independent contractor
other than the facility operator, will be hired to implement
the plan. Mechanisms for assuring that closure funds are
available are as specified in 32 Ill. Adm. Code 601.310(g).
3) Disposal Module Closure:
A) The facility operator shall close each disposal module
as it reaches its designed waste capacity, or sooner,
if needed for safe operation, e.g., to avoid
unnecessarily subjecting open modules to freeze/thaw
cycles, or to avoid unnecessary worker exposures.
Closures shall be in accordance with the plan for
facility closure and pursuant to a license amendment
granted by the Department in accordance with 32 Ill.
Adm. Code 601.
B) The facility operator shall submit an application to
the Department for a license amendment to close each
disposal module not more than 90 days or less than 30
days prior to any anticipated closure.
C) Not later than 30 days following any disposal unit
closure, the facility operator shall certify in
writing to the Department that the disposal unit has
been closed in accordance with the requirements of
this Part.
4) Facility Closure:
A) The facility operator shall close the facility at the
end of its operating lifetime.
B) Not more than two years nor less than one year prior
to anticipated facility closure, the facility operator
shall submit an application to the Department for a
license amendment to close the facility.
C) Upon granting of the license amendment, the facility
operator shall close the facility in accordance with
the closure plan and the license conditions imposed.
D) Within six months of completing facility closure, the
facility operator shall certify in writing to the
Department that the facility has been closed in
accordance with the requirements of this Part.
c) Post-Closure Active Maintenance Requirements:
1) Post-Closure Active Maintenance Plan - The facility operator
shall prepare, prior to constructing the facility, a plan
for active facility maintenance. The plan shall be
consistent with the performance objectives of this Part and
32 Ill. Adm. Code 601, and shall include, but need not be
limited to:
A) A procedure for accepting, and evaluating, the
performance of both engineered and natural barriers to
radionuclide release or migration at the facility.
B) A procedure for monitoring the air, soil, surface
water, and groundwater at the facility site.
C) A procedure for confirming that the facility will meet
the long term performance objectives of this Part or
the requirements of 32 Ill. Adm. Code 601.
D) A procedure for identifying potential failure to meet
the performance objectives of this Part or the
requirement of 32 Ill. Adm. Code 601.
E) A procedure for correcting any condition that would
result in a failure to meet the performance objectives
of this Part or the performance objectives of 32 Ill.
Adm. Code 601.
F) An estimate of the funds needed to implement the plan
for a period of ten years.
2) Post-Closure Active Maintenance:
A) The facility operator shall conduct a program for
active site maintenance for a ten year period
following facility closure.
B) The operator shall remain at the facility site,
inspect and repair engineered barriers, as necessary,
maintain site security, and continue the program of
facility monitoring and reporting to the Department.
d) Institutional Care and Monitoring: Requirements
1) Institutional Care and Maintenance Plan - The facility
operator shall prepare, prior to constructing the facility,
a plan for the long term care, maintenance, and monitoring
of the facility. The plan shall describe the activities to
be taken by the site owner following the ten year period of
active maintenance by the facility operator and after
transfer of title and custody and termination of the
facility license. The plan shall be consistent with the
performance objectives of this Part and 32 Ill. Adm. Code
601, and shall include but need not be limited to the
following:
A) A procedure for monitoring the air, soil, surface, and
groundwater at the facility site, and in the vicinity
of the facility site.
B) Plans for taking remedial action in the event that the
facility fails to meet the performance objectives of
this Part and 32 Ill. Adm. Code 601.
C) An estimate of the costs necessary to carry out the
institutional monitoring plan for a period of 300
years.
D) An estimate of the costs of implementing the remedial
action plans.
e) Transfer of Custody - At the end of the post-closure care and
maintenance period, the facility operator shall submit a report to
the Department regarding the projected long term performance of
the facility and shall apply for a license amendment, in
accordance with the requirements of 32 Ill. Adm. Code 601.170, for
termination of the license and transfer of title and custody of
the facility to the State of Illinois.
(Source: Amended at 12 Ill. Reg. 18171, effective October 31, 1988)
Section 606.90 Emergency Closure
a) Upon finding that immediate closure of the facility is necessary
to avoid an imminent threat to the public health or safety, or the
environment, the Director of the Department shall issue an
emergency closure order to the facility operator. An emergency
closure order may be issued by the Director in the event of
either:
1) A finding of non-compliance with any applicable regulation
of the Department, if such non-compliance is determined by
the Director to pose a risk of a release of radioactive
material beyond the site boundary in excess of any
applicable limit imposed by 32 Ill. Adm. Code 340, or a
radiation exposure in excess of the performance standards
imposed by 32 Ill. Adm. Code 601 and this Part, or
2) A finding that continued operation of the facility
represents a significant and immediate threat to the public
health or safety, as evidenced by a violation of any
provisions of the Radiation Protection Act or Illinois Low-
Level Radioactive Waste Management Act or any code, rule,
regulation or order promulgated under these acts, and that
requires immediate action to protect the public welfare
(Section 12 of the Radiation Protection Act, Ill. Rev. Stat.
1987, ch. 111�, par. 222, and Section 8 of The Act).
b) Upon receipt of a written order requiring immediate closure, the
facility operator shall immediately take the following actions:
1) Implement the contingency plan required by Section 606.70 of
this Part;
2) Notify all persons holding a site use permit or similar
evidence of permission to use the facility; and
3) Notify the Central Midwest Interstate Low-Level Radioactive
Waste Commission.
