§104E‑25. Performance objectives, technical requirements and designcriteria applicable to low‑level radioactive waste disposal facilities;engineered barriers.
(a) As used in thissection, the term "Part 61" means Title 10, Code of FederalRegulations Part 61 in effect on 1 January 1987. Unless a different meaning isrequired by definitions generally applicable to this Chapter or by the context,terms defined or used in Part 61 shall have the same meaning in this section asin Part 61.
(b) The Commissionshall adopt rules for low‑level radioactive waste disposal facilitieswhich incorporate and are consistent with the performance objectives andtechnical requirements set out in Subparts C and D of Part 61. In the eventthat Part 61 is amended, the Commission shall amend its rules at least to theextent necessary to maintain the State's status as an agreement state. TheCommission may adopt rules which exceed the requirements of applicable federalstatutes and regulations.
(c) Low‑levelradioactive waste disposal facilities shall incorporate engineered barriers forall waste classifications. The Commission shall specify minimum designcriteria for engineered barriers. Different engineered barrier design criteriamay be specified for different waste classifications. In the event that asingle disposal unit is used for the disposal of wastes having more than onewaste classification, the engineered barrier employed shall be that specifiedfor the highest waste classification in the disposal unit.
(d) Engineered barriersshall be designed and constructed to complement and, where appropriate, improvethe ability of the disposal facility to meet the performance objectives of thissection. The site for a low‑level radioactive waste disposal facilityshall meet all hydrogeological and other criteria and standards applicable todisposal site suitability as though engineered barriers were not required. Engineered barriers shall not substitute for a suitable site or compensate forany deficiency in a site.
(e) Engineered barriersshall be designed and constructed of materials having physical and chemicalproperties so as to provide reasonable assurance that the barriers willmaintain their functional integrity under all reasonably foreseeable conditionsfor at least the institutional control period. To the maximum extent possible,engineered barriers shall be chemically nonreactive with waste, wastecontainers and surrounding soil. Engineered barriers shall not detract fromthe ability of the disposal facility to meet the performance objectives adoptedby the Commission under this Chapter. The Commission shall determine theappropriate design life of engineered barriers, which may exceed theinstitutional control period; however no reliance may be placed on engineeredbarriers beyond the end of the institutional control period.
(f) Disposal units andthe incorporated engineered barriers shall be designed and constructed to meetthe following objectives:
(1) Prevention of themigration of water into the disposal unit.
(2) Prevention of themigration of waste or waste contaminated water out of the disposal unit.
(3) Detection of waterand other fluids in the disposal unit.
(4) Temporary collectionand retention of water and other liquids for a time sufficient to allow fortheir detection and removal or other remedial measures without contamination ofgroundwater or surrounding soil.
(5) Facilitation ofremedial measures without disturbing other disposal units.
(6) Facilitation ofrecovery of waste, other than Class A waste, in the packing or container inwhich the waste was placed for disposal.
(7) Reasonable assurancethat waste will be isolated for at least the institutional control period.
(8) Prevention ofcontact between waste and the surrounding earth, except for earth that may beused as fill within the disposal unit.
(g) The term"container" means any portable device into which waste is placed forstorage, transportation, treatment, disposal, or other handling and includesthe first enclosure which encompasses the waste. All waste shall be packed incontainers for disposal. The Commission shall adopt standards for the designand construction of containers for disposal which are consistent withapplicable federal standards. Standards for containers may vary for differenttypes and classifications of waste. The standards for disposal containers maysupplement or duplicate any of the requirements for engineered barriers set outin this section; however the requirements for engineered barriers are separateand cumulative, and engineered barriers and containers may not substitute foror replace one another.
(h) Waste shall beconverted into a form for disposal which is as chemically stable, nonreactive,and physically stable as can be reasonably achieved, as determined by theCommission, taking into consideration costs and available technology. Allliquid waste shall be solidified prior to disposal.
(i) In adopting rulesspecifying performance objectives, technical requirements, and design criteriaand standards for a low‑level radioactive waste disposal facility, theCommission shall consider the possibility of unforeseen differences betweenexpected and actual performance of the facility. The Commission shall considerbest available technology and costs.
(j) The Commissionshall require that the bottom of a low‑level radioactive waste disposalfacility shall be at least seven feet above the seasonal high water table. TheCommission shall require additional separation wherever necessary to adequatelyprotect the public health and the environment. (1987, c. 633, s. 11.)
§104E‑25. Performance objectives, technical requirements and designcriteria applicable to low‑level radioactive waste disposal facilities;engineered barriers.
(a) As used in thissection, the term "Part 61" means Title 10, Code of FederalRegulations Part 61 in effect on 1 January 1987. Unless a different meaning isrequired by definitions generally applicable to this Chapter or by the context,terms defined or used in Part 61 shall have the same meaning in this section asin Part 61.
(b) The Commissionshall adopt rules for low‑level radioactive waste disposal facilitieswhich incorporate and are consistent with the performance objectives andtechnical requirements set out in Subparts C and D of Part 61. In the eventthat Part 61 is amended, the Commission shall amend its rules at least to theextent necessary to maintain the State's status as an agreement state. TheCommission may adopt rules which exceed the requirements of applicable federalstatutes and regulations.
(c) Low‑levelradioactive waste disposal facilities shall incorporate engineered barriers forall waste classifications. The Commission shall specify minimum designcriteria for engineered barriers. Different engineered barrier design criteriamay be specified for different waste classifications. In the event that asingle disposal unit is used for the disposal of wastes having more than onewaste classification, the engineered barrier employed shall be that specifiedfor the highest waste classification in the disposal unit.
(d) Engineered barriersshall be designed and constructed to complement and, where appropriate, improvethe ability of the disposal facility to meet the performance objectives of thissection. The site for a low‑level radioactive waste disposal facilityshall meet all hydrogeological and other criteria and standards applicable todisposal site suitability as though engineered barriers were not required. Engineered barriers shall not substitute for a suitable site or compensate forany deficiency in a site.
(e) Engineered barriersshall be designed and constructed of materials having physical and chemicalproperties so as to provide reasonable assurance that the barriers willmaintain their functional integrity under all reasonably foreseeable conditionsfor at least the institutional control period. To the maximum extent possible,engineered barriers shall be chemically nonreactive with waste, wastecontainers and surrounding soil. Engineered barriers shall not detract fromthe ability of the disposal facility to meet the performance objectives adoptedby the Commission under this Chapter. The Commission shall determine theappropriate design life of engineered barriers, which may exceed theinstitutional control period; however no reliance may be placed on engineeredbarriers beyond the end of the institutional control period.
(f) Disposal units andthe incorporated engineered barriers shall be designed and constructed to meetthe following objectives:
(1) Prevention of themigration of water into the disposal unit.
(2) Prevention of themigration of waste or waste contaminated water out of the disposal unit.
(3) Detection of waterand other fluids in the disposal unit.
(4) Temporary collectionand retention of water and other liquids for a time sufficient to allow fortheir detection and removal or other remedial measures without contamination ofgroundwater or surrounding soil.
(5) Facilitation ofremedial measures without disturbing other disposal units.
(6) Facilitation ofrecovery of waste, other than Class A waste, in the packing or container inwhich the waste was placed for disposal.
(7) Reasonable assurancethat waste will be isolated for at least the institutional control period.
(8) Prevention ofcontact between waste and the surrounding earth, except for earth that may beused as fill within the disposal unit.
(g) The term"container" means any portable device into which waste is placed forstorage, transportation, treatment, disposal, or other handling and includesthe first enclosure which encompasses the waste. All waste shall be packed incontainers for disposal. The Commission shall adopt standards for the designand construction of containers for disposal which are consistent withapplicable federal standards. Standards for containers may vary for differenttypes and classifications of waste. The standards for disposal containers maysupplement or duplicate any of the requirements for engineered barriers set outin this section; however the requirements for engineered barriers are separateand cumulative, and engineered barriers and containers may not substitute foror replace one another.
(h) Waste shall beconverted into a form for disposal which is as chemically stable, nonreactive,and physically stable as can be reasonably achieved, as determined by theCommission, taking into consideration costs and available technology. Allliquid waste shall be solidified prior to disposal.
(i) In adopting rulesspecifying performance objectives, technical requirements, and design criteriaand standards for a low‑level radioactive waste disposal facility, theCommission shall consider the possibility of unforeseen differences betweenexpected and actual performance of the facility. The Commission shall considerbest available technology and costs.
(j) The Commissionshall require that the bottom of a low‑level radioactive waste disposalfacility shall be at least seven feet above the seasonal high water table. TheCommission shall require additional separation wherever necessary to adequatelyprotect the public health and the environment. (1987, c. 633, s. 11.)
§104E‑25. Performance objectives, technical requirements and designcriteria applicable to low‑level radioactive waste disposal facilities;engineered barriers.
(a) As used in thissection, the term "Part 61" means Title 10, Code of FederalRegulations Part 61 in effect on 1 January 1987. Unless a different meaning isrequired by definitions generally applicable to this Chapter or by the context,terms defined or used in Part 61 shall have the same meaning in this section asin Part 61.
(b) The Commissionshall adopt rules for low‑level radioactive waste disposal facilitieswhich incorporate and are consistent with the performance objectives andtechnical requirements set out in Subparts C and D of Part 61. In the eventthat Part 61 is amended, the Commission shall amend its rules at least to theextent necessary to maintain the State's status as an agreement state. TheCommission may adopt rules which exceed the requirements of applicable federalstatutes and regulations.
(c) Low‑levelradioactive waste disposal facilities shall incorporate engineered barriers forall waste classifications. The Commission shall specify minimum designcriteria for engineered barriers. Different engineered barrier design criteriamay be specified for different waste classifications. In the event that asingle disposal unit is used for the disposal of wastes having more than onewaste classification, the engineered barrier employed shall be that specifiedfor the highest waste classification in the disposal unit.
(d) Engineered barriersshall be designed and constructed to complement and, where appropriate, improvethe ability of the disposal facility to meet the performance objectives of thissection. The site for a low‑level radioactive waste disposal facilityshall meet all hydrogeological and other criteria and standards applicable todisposal site suitability as though engineered barriers were not required. Engineered barriers shall not substitute for a suitable site or compensate forany deficiency in a site.
(e) Engineered barriersshall be designed and constructed of materials having physical and chemicalproperties so as to provide reasonable assurance that the barriers willmaintain their functional integrity under all reasonably foreseeable conditionsfor at least the institutional control period. To the maximum extent possible,engineered barriers shall be chemically nonreactive with waste, wastecontainers and surrounding soil. Engineered barriers shall not detract fromthe ability of the disposal facility to meet the performance objectives adoptedby the Commission under this Chapter. The Commission shall determine theappropriate design life of engineered barriers, which may exceed theinstitutional control period; however no reliance may be placed on engineeredbarriers beyond the end of the institutional control period.
(f) Disposal units andthe incorporated engineered barriers shall be designed and constructed to meetthe following objectives:
(1) Prevention of themigration of water into the disposal unit.
(2) Prevention of themigration of waste or waste contaminated water out of the disposal unit.
(3) Detection of waterand other fluids in the disposal unit.
(4) Temporary collectionand retention of water and other liquids for a time sufficient to allow fortheir detection and removal or other remedial measures without contamination ofgroundwater or surrounding soil.
(5) Facilitation ofremedial measures without disturbing other disposal units.
(6) Facilitation ofrecovery of waste, other than Class A waste, in the packing or container inwhich the waste was placed for disposal.
(7) Reasonable assurancethat waste will be isolated for at least the institutional control period.
(8) Prevention ofcontact between waste and the surrounding earth, except for earth that may beused as fill within the disposal unit.
(g) The term"container" means any portable device into which waste is placed forstorage, transportation, treatment, disposal, or other handling and includesthe first enclosure which encompasses the waste. All waste shall be packed incontainers for disposal. The Commission shall adopt standards for the designand construction of containers for disposal which are consistent withapplicable federal standards. Standards for containers may vary for differenttypes and classifications of waste. The standards for disposal containers maysupplement or duplicate any of the requirements for engineered barriers set outin this section; however the requirements for engineered barriers are separateand cumulative, and engineered barriers and containers may not substitute foror replace one another.
(h) Waste shall beconverted into a form for disposal which is as chemically stable, nonreactive,and physically stable as can be reasonably achieved, as determined by theCommission, taking into consideration costs and available technology. Allliquid waste shall be solidified prior to disposal.
(i) In adopting rulesspecifying performance objectives, technical requirements, and design criteriaand standards for a low‑level radioactive waste disposal facility, theCommission shall consider the possibility of unforeseen differences betweenexpected and actual performance of the facility. The Commission shall considerbest available technology and costs.
(j) The Commissionshall require that the bottom of a low‑level radioactive waste disposalfacility shall be at least seven feet above the seasonal high water table. TheCommission shall require additional separation wherever necessary to adequatelyprotect the public health and the environment. (1987, c. 633, s. 11.)
