PHASE I SCREENING REQUIREMENTS
§ 236.121. General requirements.
(a) This section and § § 236.122—236.128 contain both disqualifying criteria and evaluation requirements.
(b) Disqualifying criteria denote conditions that are unacceptable for the siting of a low-level radioactive waste disposal facility. Implementation of disqualifying criteria requires that areas be evaluated to determine the existence of disqualifying conditions. Siting a low-level radioactive waste disposal facility in an area containing disqualifying conditions is prohibited. The EQB will deny a proposed site without further review if the proposed site contains disqualifying conditions. The applicant bears the burden of proving that the site contains no disqualifying conditions.
(c) Evaluation requirements denote conditions that require identification, investigation and assessment to determine acceptability. The EQB will not approve a site unless the applicant successfully demonstrates with clear and convincing evidence that the site complies with the evaluation requirements.
Cross References This section cited in 25 Pa. Code § 236.101 (relating to scope and applicability); 25 Pa. Code § 236.104 (relating to siting process); and 25 Pa. Code § 236.108 (relating to site justification).
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