Conn. Agencies Regs. § 22a-163l-1 - Minimum distance requirements
(a)
Minimum
distances. Unless the applicant makes the demonstration required by
subsection (d) of this section, the minimum distances between the following
specified components of the proposed facility and other land uses or features
shall not be less than the following:
(1)
Distance between the active parts of the proposed facility and a security fence
to be located around the site to prevent unauthorized access: 100
feet;
(2) Distance between the
security fence and all other land uses for the purpose of providing limited
access to the proposed facility and a buffer to monitor and obtain information
about the ecology, meteorology, climate, hydrology, geology, geochemistry, and
seismology of the proposed facility site: 300 feet;
(3) Distance between the active parts of the
proposed facility and any water supply well, water supply surface water
feature, or aquifer in use or planned as a water supply source except for the
wells and surface water supply features of the proposed facility: 400
feet;
(4) Distance between the
active parts of the proposed facility and the seasonal high water table: five
feet.
(b)
Prohibited Areas. The active parts of the proposed facility shall
not be located in any of the following areas:
(1) The 100-year floodplain;
(2) Coastal areas subject to storm
surge;
(3) Areas with slopes
greater than 15 percent subject to instability including, but not limited to,
the geologic processes of mass wasting, slumping, landsliding, and gully
erosion;
(4) Critical habitat areas
for federal and state endangered species;
(5) Areas where significant tectonic
processes such as faulting, folding, seismic activity, or vulcanism are likely
to occur;
(6) State parks and
forests and registered historic sites and landmarks; and
(7) Any area that could adversely affect the
ability of the site to meet the performance objectives of 10 CFR Part 61, as
amended from time to time.
(c)
Additional information. The
applicant shall identify in its application all existing and presently planned
schools, hospitals, nursing homes, and occupied dwellings within two miles of
all active parts of the proposed facility. The applicant shall demonstrate that
the health and safety of persons utilizing such structures will not be
jeopardized by the siting of the proposed facility and that the release of
radioactive material to the general environment shall be maintained as low as
reasonably achievable below the limits set forth in 10 CFR Part 61, as amended
from time to time, and in no case exceed those levels. If the applicant fails
to make the required showing or the council determines that the minimum
distances set forth in subsection (a) are inadequate to protect the public
health and safety, the council may require distances in excess of such minimum
distances.
(d)
Maximum safety
demonstration. If the applicant demonstrates to the council's
satisfaction that a distance less than the minimum set forth in subsection (a)
will ensure the safety of the public from potential dangers associated with the
siting of the facility, then the council may reduce the minimum required
distance accordingly, provided, however, that in no event shall concentrations
of radioactive material which may be released to the general environment in
groundwater, surface water, air, soil, plants, or animals result in an annual
dose exceeding the limits established in 10 CFR Part 61, as amended from time
to time.
(e)
Considerations. In determining whether to require or allow
distances which differ from the minimum distances set forth in subsection (a),
the council shall consider, among other relevant facts and circumstances, the
following factors:
(1) Whether a different
distance would provide sufficient separation, including an adequate margin of
safety to implement:
(A) Measures to protect
the public from the potential effects of migration of low-level radioactive
waste from the active part of the facility;
(B) Remedial measures which would prevent
escape of such low-level radioactive waste or the effects thereof from the
facility; and
(C) Measures to
protect the public against the adverse effects of low-level radioactive waste
spills, fires, emission of radioactivity, and explosions.
(2) Site specific hydrogeological conditions,
such as the rate and direction of ground water flow, surface water flow, and
soil permeability;
(3) Localized
climatic conditions, such as prevailing wind direction and precipitation;
and
(4) Population density within a
two-mile radius of the facility; and
(5) Appropriate actions necessary to protect
the proposed facility from effects of the 500-year flood event and/or flood of
record.
(f)
Minimum land ownership or restrictions. The minimum distances
required by the council pursuant to subsections (a) or (d) shall be maintained
on property of the owner of the low-level radioactive waste management
facility. If the council, pursuant to subsection (c), determines that
additional distances are required, it may, as a condition of the certificate,
require the applicant to obtain legally enforceable restrictions on adjacent
property to preclude the establishment of inconsistent land uses within the
minimum distance determined to be necessary by the council. The minimum
distances established by this section shall not apply to the facility's
entrance and vehicular access route.
Notes
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