Subchapter E. REQUIREMENTS FOR THE
CONSTRUCTION, OPERATION AND CLOSURE OF THE
REGIONAL DISPOSAL FACILITY
Sec.
236.401. Scope and purpose.
236.402. Construction plan.
236.403. Facility operation plan.
236.404. Contingency plans.
236.405. Receipt and handling of waste.
236.406. Package integrity.
236.407. Minimization of void space.
236.408. Operational activity.
236.409. Monitoring plan.
236.410. Environmental monitoring.
236.411. Site closure and decommissioning plan.
236.412. Boundary locations.
236.413. Buffer zone.
236.414. Radiation dose rates at the surface.
236.415. Postclosure observation and maintenance.
236.416. Institutional control.
Cross References This subchapter cited in 25 Pa. Code § 236.225 (relating to requirements for issuance of a license).
§ 236.401. Scope and purpose.
(a) Only Classes A, B, C and mixed waste are acceptable for disposal at the regional disposal facility. Waste disposal activities at the regional facility shall meet the construction, operation and closure requirements of this subchapter. The planning and implementation of these activities shall contribute to the goal of zero release of radioactive material.
(b) A mixed waste is not acceptable for disposal at the regional disposal facility if either the facility operator or the Department has reason to believe that the hazardous waste, as originally generated, was not radioactive.
(c) Waste received at the regional disposal facility may not be intentionally diluted by the licensee to alter its classification as identified on the manifest received under § 236.536 (relating to disposal facility operator requirements).
§ 236.402. Construction plan.
The applicant shall submit a construction plan. The plan shall describe procedures that will be implemented to ensure quality work that will consistently conform to applicable standards and codes.
Cross References This section cited in 25 Pa. Code § 236.206 (relating to program plans).
§ 236.403. Facility operation plan.
(a) The applicant shall submit a facility operation plan for approval by the Department. The plan shall:
(1) Include detailed descriptions of the method of construction of the disposal units, waste emplacement, procedures for and areas of waste segregation, onsite traffic and drainage systems, site security, methods and areas of waste storage, methods to control access of water, mixed wastes or other nonradiological substances or waste that may affect meeting the performance objectives of Subchapter A (relating to general provisions).
(2) Be compatible with other plans required by this chapter.
(b) The plan shall include detailed descriptions of closure and stabilization measures that will be carried out as each disposal unit is filled.
(c) A site health and safety plan which addresses radiological health under Chapter 219 (relating to standards for protection against radiation) and occupational hazards shall be submitted. The plan shall be adequate to protect public health and safety, and the environment and provide reasonable assurance that the standards for radiation protection in Chapter 219 will be met. The plan shall identify measures that are intended to provide assurance that radiation exposures to workers are as low as reasonably achievable.
Cross References This section cited in 25 Pa. Code § 236.206 (relating to program plans).
§ 236.404. Contingency plans.
(a) The applicant shall submit contingency plans for unplanned occurrences, such as fire, industrial accidents, radiological contamination, severe natural events, disposal unit repairs and waste recovery which may adversely affect the health and safety of disposal facility workers or the general public.
(b) The plans shall identify the necessary training, management, procedures, equipment and human resources required to provide emergency response.
(c) The operator shall include one of the following in the license application:
(1) Signed agreements from necessary emergency response units that they will respond to requests from the operator.
(2) Provisions by the operator for adequate emergency response capability as identified in subsections (a) and (b), approved by the Department.
Cross References This section cited in 25 Pa. Code § 236.206 (relating to program plans).
§ 236.405. Receipt and handling of waste.
(a) The applicant shall submit a plan for the receipt, inspection and handling of waste entering the disposal facility. The plan shall include waste acceptance criteria that define specifications for waste acceptable for disposal at the facility and waste containers that are acceptable for disposal.
(b) The plan shall be designed to ensure that:
(1) Waste that arrives at the disposal site complies with Subchapter F (relating to waste classification, waste characteristics, labeling and manifests).
(2) The procedures and equipment for moving, segregating and storing the waste will be carried out in a safe manner and eliminate, to the maximum extent practicable, the contact of the waste with water.
§ 236.406. Package integrity.
Wastes shall be emplaced in a manner that maintains the container integrity and minimizes the void spaces between containers.
§ 236.407. Minimization of void space.
Void spaces between waste containers shall be minimized to reduce the potential for future subsidence.
§ 236.408. Operational activity.
Active waste disposal operations may not have an adverse effect on disposal units for which closure and stabilization measures have been completed.
§ 236.409. Monitoring plan.
(a) The applicant shall submit a monitoring plan. The monitoring plan shall discuss the function and interrelationship of the requirements of § § 236.324, 236.325 and 236.410 (relating to disposal unit monitoring; material performance monitoring; and environmental monitoring).
(b) The licensee shall have a contingency plan for taking remedial measures including recovery of waste if the disposal unit monitoring system or environmental monitoring system detects radioactive material which would indicate that the performance objectives of Subchapter A (relating to general provisions) may not be met. The plan shall identify the necessary training, management procedures and equipment required for corrective action.
(c) The plan shall specifically address monitoring during the preoperational, operational, closure and long term care periods.
(d) An offsite radiation measurement that exceeds the natural background, as established during preoperational environmental monitoring, shall be reported immediately to the Department and host municipality and county. Actions shall be initiated by the licensee to identify and abate the source of the offsite radiation that exceeds the natural background.
Cross References This section cited in 25 Pa. Code § 236.206 (relating to program plans); 25 Pa. Code § 236.208 (relating to specific technical information); and 25 Pa. Code § 236.413 (relating to buffer zone).
§ 236.410. Environmental monitoring.
(a) At the time a license application is submitted, the applicant shall have conducted a preoperational monitoring program to establish background radiation levels and to provide basic environmental data on the site characteristics. The applicant shall obtain information about the ecology, meteorology, climate, hydrology, geology, geochemistry and seismology of the site. For those characteristics that are subject to seasonal variation, data shall cover at least a 12-month period.
(b) During disposal facility construction and operation, the licensee shall maintain an onsite and offsite environmental monitoring program. Measurements and observations shall be made and recorded to provide data to evaluate the potential health and environmental impacts from all significant pathways during the construction and the operation of the facility and to enable the evaluation of long term effects and the need for mitigating measures. The monitoring system shall be capable of providing early warning of releases of waste from the disposal units.
(c) After the disposal site is closed, the custodial agency responsible for postoperational surveillance of the disposal site shall maintain a monitoring system based on the operating history and the closure and stabilization of the disposal site. The monitoring system shall be capable of providing early warning of releases of waste from the disposal units.
Cross References This section cited in 25 Pa. Code § 236.315 (relating to recoverability); and 25 Pa. Code § 236.409 (relating to monitoring plan).
§ 236.411. Site closure and decommissioning plan.
(a) The applicant shall submit a plan for closure and decommissioning. The plan shall describe:
(1) Closure, stabilization and monitoring of individual disposal units and their relationship to the final site closure and decommissioning plan.
(2) Methods and procedures that will be implemented to ensure that closed disposal units are not adversely affected by final site closure and decommissioning.
(3) A compatible approach for final closure, decommissioning and stabilization of the regional disposal facility.
(b) The site closure and decommissioning plan will be incorporated into the facility license and will be reviewed every 5 years or at the request of the Department.
Cross References This section cited in 25 Pa. Code § 236.206 (relating to program plans); and 25 Pa. Code § 236.208 (relating to specific technical information).
§ 236.412. Boundary locations.
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 so 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.
§ 236.413. Buffer zone.
A buffer zone of land shall be maintained between disposed waste and the disposal site boundary and beneath the disposed waste. The buffer zone shall be of adequate dimensions to carry out monitoring activities specified in § 236.409 (relating to monitoring plan) and take remedial measures if needed.
§ 236.414. Radiation dose rates at the surface.
Waste shall be emplaced in a manner that limits the radiation dose rate at the surface of the engineered cover to levels that at a minimum will permit the licensee to comply with this chapter at the time the license is transferred under § 236.246 (relating to application and transfer of license to the Commonwealth).
§ 236.415. Postclosure observation and maintenance.
The licensee shall observe and monitor the disposal site, and carry out necessary maintenance and repairs until the site closure and decommissioning is complete and the license is transferred by the Department under § 236.246 (relating to application and transfer of license to the Commonwealth). Responsibility for postclosure observation and maintenance for the disposal site shall be maintained by the licensee for at least 5 years.
§ 236.416. Institutional control.
(a) The Commonwealth’s custodial agency shall conduct an institutional control program to physically control access to the disposal site following transfer of control from the disposal site operator. During the active institutional control period, the program shall include active methods for access control, surveillance, monitoring, custodial care and administration of funds to cover the costs for these activities.
(b) During the passive institutional control period, the program shall include passive access control, monitoring and administration of funds to cover the costs for these activities.
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