Rule 391-3-9-.05 - Waste Disposal Moratorium(1) Based upon the public policy of the Act, an evaluation of the current technology relevant to the disposal of "other than low-level radioactive waste material," considering past operating experiences at radioactive waste storage and burial facilities, and in view of the previous lack effective radioactive waste management policies and programs at the federal level and upon the above findings of the Director, it is the policy of the Director, subject to the provisions of Section (2) and (3) hereof, to recognize a moratorium on the permitting for construction or operation of certain facilities for the disposal of "other than low-level radioactive waste material." The said moratorium shall be applicable to those commercially operated, government operated, or government-contract operated facilities used for the purpose of storage, concentration, and burial of all radioactive waste except that in certain limited cases as may be determined by the Director, disposal of low-level radioactive wastes by burial will be permitted in accordance with the requirements in Section .06 below, provided that the total quantity of material buried in any year does not exceed the limits specified in Title 10 Code of Federal Regulations. Part 20, Subpart 304, dated January 1, 1976.(2) Within 90 days of the effective date of these regulations, all existing radioactive waste material storage, concentration, and burial facilities not subject to the moratorium must submit an application for an operating permit to the Director. Included in the permit process are decommissioned NRC and State licensed radioactive material process facilities involving a decommissioning option where radiologically contaminated equipment and facilities are not dismantled and removed from the site to an authorized disposal facility, but remains in place in a deactivated state.(3) Demonstration of Technology. Notwithstanding the findings of the Director contained in Rule (.04) above, and notwithstanding the policy of the Director as contained in Section (1) of this Rule (.05) any person may petition the Director for a reconsideration of the policy for operating "other than low-level radioactive waste material" disposal facilities within this State, and upon a demonstration by the petitioner to the satisfaction of the Director, that the findings of the Director concerning the non-availability of technology for the burial, storage, or concentration, of "other than low-level radioactive waste material" are no longer accurate and upon a demonstration of such technology, the Director will propose an amendment to Section (1) in accordance with the Georgia Administrative Procedure Act (Title 3A) and the Georgia Radiation Control Act.Ga. Comp. R. & Regs. R. 391-3-9-.05
Ga. L. 1964, p. 566, as amended, particularly as amended by Ga. L. 1976, p. 1567, et. seq., at p. 1570, as amended.
Original Rule entitled "Waste Disposal Moratorium" was filed on June 14, 1979; effective July 4, 1979.