CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.811 Design of disposal area. (NRS 459.201) The design of the disposal area must be directed toward the long-term isolation of wastes and avoidance of the need for active maintenance after closure of the area, and must meet the following criteria: 1. The design and operati…

NAC 459.8115 Financial requirements: Demonstration of ability to obtain necessary money. (NRS 459.201) Each applicant must demonstrate to the satisfaction of the Division that it possesses or has a reasonable likelihood of obtaining the necessary money, to cover the estimated cos…

NAC 459.812 Financial requirements: Assurances of sufficient money for closure and stabilization. (NRS 459.201) 1. The applicant must provide assurances before the commencement of operations that sufficient money will be available to carry out closure and stabilization of the dis…

NAC 459.8125 Financial requirements: Alternative form of assurance. (NRS 459.201) 1. An alternative form of assurance may be provided by an undertaking which covers a specific period, for example, 5 years, but which is automatically renewed unless the party who issues the surety …

NAC 459.813 Financial requirements: Contract with governmental agency which owns disposal area. (NRS 459.201) 1. Before the Division issues a license, the applicant must provide for review and approval by the Division of a copy of a periodically modifiable contract between the ap…

NAC 459.8135 Variances. (NRS 459.201) The Division may, upon application by an interested person or upon its own initiative, grant a variance from any of the requirements of NAC 459.806 to 459.8225, inclusive, which it finds: 1. Is not contrary to law; 2. Will not endanger life o…

NAC 459.814 Licenses: Necessary findings. (NRS 459.201) The Division will issue a license to receive, possess and dispose of waste containing or contaminated with radioactive material upon finding that: 1. The issuance of the license will not constitute an unreasonable risk to th…

NAC 459.8145 Licenses: Conditions. (NRS 459.201) 1. The Division shall attach the following conditions to each license to operate a disposal area which it issues: (a) No license or any right thereunder may be transferred, assigned or in any manner disposed of, either voluntarily …

NAC 459.815 Conduct of operations: Standards for protection from radiation. (NRS 459.201) The licensee must conduct operations at the disposal area in compliance with the standards for protection from radiation set forth in NAC 459.320 to 459.374, inclusive, except for releases o…

NAC 459.8155 Limitations on annual release of radioactive material to general environment. (NRS 459.201) 1. Concentrations of radioactive material which may be released to the general environment in groundwater, surface water, air, soil, plants or animals must not result in an an…

NAC 459.816 Segregation and disposal of waste. (NRS 459.201) 1. The licensee shall: (a) Segregate wastes designated as Class A pursuant to NAC 459.8265 to 459.8305, inclusive, from other wastes by placing them in disposal units which are sufficiently separated from disposal units…

NAC 459.8165 Records of shipments. (NRS 459.201) 1. After receipt and acceptance of a shipment of radioactive waste, the licensee shall record: (a) The date of receipt and the condition of the packages of waste as received at the disposal facility; (b) Any discrepancies between t…

NAC 459.817 Program of environmental observation. (NRS 459.201) 1. During construction and operation of the disposal area, the licensee shall establish and maintain a program of environmental observation to detect radiation. Observations and measurements must be made and recorded…

NAC 459.8175 Authorization of specific alternatives to requirements. (NRS 459.201) The Division may, upon request or on its own initiative, authorize specific provisions other than those set forth in NAC 459.807, 459.811, 459.816 and 459.817 for the segregation and disposal of wa…

NAC 459.818 Inspection by Division. (NRS 459.201) 1. Each licensee shall permit the Division at all reasonable times to inspect radioactive waste not yet disposed of and the premises, equipment, operations and facilities in which radioactive wastes are received, possessed, handle…

NAC 459.8185 Tests by licensee or Division. (NRS 459.201) Each licensee shall perform, or permit the Division to perform, any tests the Division deems appropriate or necessary for the administration of NAC 459.800 to 459.8225, inclusive, including tests of: 1. Radioactive wastes …

NAC 459.819 Annual reports. (NRS 459.201) Each licensee shall submit to the Division the following annual reports: 1. A report of activities at the disposal area during the preceding year which includes: (a) A specification of the quantity of each of the principal radionuclides r…

NAC 459.8195 Records and reports: Preparation; retention; reproduced copy. (NRS 459.201) 1. Each licensee shall prepare and keep such records and submit such reports in connection with its licensed activities as may be required by the conditions of the license or the regulations …

NAC 459.820 Renewal of license. (NRS 459.201) 1. An application for the renewal of a license must be filed at least 90 days before the date of its expiration and be in accordance with the provisions of NAC 459.8065 and 459.8075 to 459.8095, inclusive. 2. Information contained in …

NAC 459.8205 Application to amend license for closure. (NRS 459.201) 1. A licensee who desires to close a disposal area or is directed to do so by the Division shall submit an application to amend the license for closure. An application for closure must be filed at least 90 days …

NAC 459.821 Responsibility of licensee after authorization to close disposal area. (NRS 459.201) After receiving authorization from the Division to close the disposal area, the licensee shall continue the program for detection of radiation and inspect and carry out necessary main…

NAC 459.8215 Transfer of license to governmental agency after closure. (NRS 459.201) Following closure and the period of observation and maintenance after closure, the licensee may apply for an amendment to transfer the license to the governmental agency which owns the disposal a…

NAC 459.822 Program to control access to area after transfer of control. (NRS 459.201) The governmental agency to whom the land is transferred by the licensee shall carry out a program to control physical access to the disposal area following transfer of control of the disposal a…

NAC 459.8225 Amendment to terminate license. (NRS 459.201) 1. After any period of control by a governmental agency which is necessary to meet the requirements under NAC 459.814, the agency which holds the license may apply for an amendment to terminate the license. The license wi…

NAC 459.8231 Requirements for shipping manifest; exceptions. (NRS 459.030, 459.201) 1. A waste generator, waste collector or waste processor who transports or offers for transportation low-level radioactive waste intended for ultimate disposal at a licensed land disposal facility…

NAC 459.8235 Procedure for transfer to land disposal facility, licensed waste collector or licensed waste processor. (NRS 459.030, 459.201) 1. Any licensee who transfers radioactive waste to a land disposal facility or to a licensed waste collector shall comply with all the requi…

NAC 459.824 Duties of waste collector who collects and handles only prepackaged waste. (NRS 459.030, 459.201) A waste collector who collects and handles only prepackaged waste shall: 1. Acknowledge receipt of the waste from the shipper by returning a signed copy of NRC Form 540 w…

NAC 459.8245 Duties of waste processor who processes, treats or repackages waste. (NRS 459.030, 459.201) A waste processor who processes, treats or repackages wastes shall: 1. Acknowledge receipt of the waste from the shipper by returning a signed copy of NRC Form 540 within 1 we…

NAC 459.825 Labels identifying classification of waste. (NRS 459.201) A generator of waste or broker who processes, treats or repackages waste must affix a label to each package of waste before shipment to identify it as containing Class A, Class B or Class C waste. (Added to NAC…

NAC 459.8255 Investigation and report if receipt not acknowledged. (NRS 459.201) Any shipment or part of a shipment of waste which is delivered by a shipper to an authorized recipient and for which acknowledgment of its receipt is not returned within 20 days after the shipping da…

NAC 459.826 Duties of operator of land disposal facility. (NRS 459.201) An operator of a land disposal facility shall: 1. Acknowledge receipt of the waste within 1 week after its receipt by returning a signed copy of NRC Form 540 to the shipper. The shipper to be notified is the …

NAC 459.8265 Characteristics of each class. (NRS 459.201) Radioactive waste is classified according to its concentration of radionuclides and the following characteristics: 1. Class A waste is waste that meets the minimum requirements for packaging. Class A waste must be segregat…

NAC 459.827 Waste containing long-lived radionuclides. (NRS 459.201) If the radioactive waste contains only the long-lived radionuclides listed in Table 1, classification must be determined as follows: TABLE 1 Radionuclide Concentration in curies/cubic meter C-14 8 C-14 in activa…

NAC 459.8275 Waste containing short-lived radionuclides. (NRS 459.201) 1. If the radioactive waste does not contain any of the long-lived radionuclides listed in Table 1, classification must be determined based on the concentrations of short-lived radionuclides listed in Table 2.…

NAC 459.828 Waste containing mixture of long-lived and short-lived radionuclides. (NRS 459.201) If the radioactive waste contains a mixture of long-lived and short-lived radionuclides, some of which are listed in Table 1 and some of which are listed in Table 2, classification mus…

NAC 459.8285 Absence of listed radionuclides. (NRS 459.201) If the radioactive waste does not contain any of the radionuclides listed in Tables 1 and 2, it is Class A. (Added to NAC by Bd. of Health, eff. 4-27-84)

NAC 459.829 Waste containing mixture of radionuclides: Computation of classification. (NRS 459.201) If the waste contains a mixture of radionuclides, the classification must be determined by dividing each nuclide’s concentration by its limit in the appropriate table and adding th…

NAC 459.8295 Determination of concentration of radionuclide. (NRS 459.201) 1. The concentration of a radionuclide may be determined by an indirect method such as the use of a scaling factor which relates the inferred concentration of one radionuclide to the concentration of anoth…

NAC 459.830 Requirements for physical form and packaging for all classes. (NRS 459.201) 1. The minimum requirements for physical form and packaging for all classes of waste are as follows: (a) Radioactive wastes must be packaged in conformance with the conditions of the license i…

NAC 459.8305 Minimum requirements for stability of wastes. (NRS 459.201) The minimum requirements for the stability of wastes are as follows: 1. Waste must have structural stability and generally maintain its physical dimensions and its form under the expected conditions of dispo…

NAC 459.850 Definitions. (NRS 459.201) As used in NAC 459.850 to 459.950, inclusive, unless the context otherwise requires: 1. “Authorized inspector” means the Division or a third party designated by the Division to inspect the program of an applicant or licensee for packaging an…

NAC 459.860 Severability. (NRS 459.201) If any of the provisions of NAC 459.850 to 459.950, inclusive, or any application thereof to any person, thing, or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, …

NAC 459.865 License required; effect of license. (NRS 459.201) 1. Any shipper or producer of radioactive waste or any broker receiving such waste from another person for the purpose of disposal who desires to dispose of that waste at the state-owned disposal area near Beatty, Nev…

NAC 459.870 Application for license. (NRS 459.201) To obtain a license, a person must: 1. Submit a written application to the Division on a form furnished by the Division, and provide the information requested on the form and any other information requested by the Division. 2. Pe…

NAC 459.875 Audit and inspection prerequisite to licensing. (NRS 459.201) To obtain qualification of his or her program for packaging radioactive waste, an applicant for a license must submit to the authorized inspector a request to have an audit and inspection of the program. No…

NAC 459.885 Suspension or revocation of license. (NRS 459.201) 1. If any licensee ships radioactive waste to the state-owned disposal area in violation of NAC 459.910, the Division may suspend his or her license for up to 1 year: (a) After giving the licensee prior notice; and (b…

NAC 459.890 Reinstatement of suspended license. (NRS 459.201) 1. The Division may reinstate a suspended license before a period of suspension has ended if: (a) The licensee’s packaging program for radioactive waste and the qualifications of the personnel engaged in that program h…