Utah Admin. Code R313-25-3 - Pre-licensing Plan Approval Criteria for Siting of Commercial Radioactive Waste Disposal Facilities
(1) Persons
proposing to construct or operate commercial radioactive waste disposal
facilities, including waste incinerators, shall obtain a plan approval from the
Director before applying for a license. Plans shall meet the siting criteria
and plan approval requirements of Section R313-25-3.
(2) The siting criteria and plan approval
requirements in Section R313-25-3 apply to prelicensing plan approval
applications.
(3) Treatment and
disposal facilities, including commercial radioactive waste incinerators, shall
not be located:
(a) within or underlain by:
(i) national, state, and county parks,
monuments, and recreation areas; designated wilderness and wilderness study
areas; wild and scenic river areas;
(ii) ecologically and scientifically
significant natural areas, including wildlife management areas and habitats for
listed or proposed endangered species as designated by federal law;
(iii) 100 year floodplains;
(iv) areas 200 feet distant from Holocene
faults;
(v) underground mines, salt
domes and salt beds;
(vi) dam
failure flood areas;
(vii) areas
subject to landslide, mud flow, or other earth movement, unless adverse impacts
can be mitigated;
(viii) farmlands
classified or evaluated as "prime", "unique", or of "statewide importance" by
the U.S. Department of Agricultural Soil Conservation Service under the Prime
Farmland Protection Act;
(ix) areas
five miles distant from existing permanent dwellings, residential areas, and
other habitable structures, including schools, churches, and historic
structures;
(x) areas five miles
distant from surface waters including intermittent streams, perennial streams,
rivers, lakes, reservoirs, and wetlands;
(xi) areas 1000 feet distant from
archeological sites to which adverse impacts cannot reasonably be
mitigated;
(xii) recharge zones of
aquifers containing ground water which has a total dissolved solids content of
less than 10,000 mg/l; or
(xiii)
drinking water source protection areas designated by the Utah Drinking Water
Board;
(b) in areas:
(i) above or underlain by aquifers containing
ground water which has a total dissolved solids content of less than 500 mg/l
and which aquifers do not exceed state ground water standards for
pollutants;
(ii) above or underlain
by aquifers containing ground water which has a total dissolved solids content
between 3000 and 10,000 mg/l when the distance from the surface to the ground
water is less than 100 ft.;
(iii)
areas of extensive withdrawal of water, mineral or energy resources.
(iv) above or underlain by weak and unstable
soils, including soils that lose their ability to support foundations as a
result of hydrocompaction, expansion, or shrinkage;
(v) above or underlain by karst
terrains.
(4)
Commercial radioactive waste disposal facilities may not be located within a
distance to existing drinking water wells and watersheds for public water
supplies of five years ground water travel time plus 1000 feet.
(5) The plan approval siting application
shall include hydraulic conductivity and other information necessary to
estimate adequately the ground water travel distance.
(6) The plan approval siting application
shall include the results of studies adequate to identify the presence of
ground water aquifers in the area of the proposed site and to assess the
quality of the ground water of all aquifers identified in the area of the
proposed site.
(7) Emergency
response and safety.
(a) The plan approval
siting application shall demonstrate the availability and adequacy of services
for on-site emergencies, including medical and fire response. The application
shall provide written evidence that the applicant has coordinated on-site
emergency response plans with the local emergency planning committee
(LEPC).
(b) The plan approval
siting application shall include a comprehensive plan for responding to
emergencies at the site.
(c) The
plan approval siting application shall show proposed routes for transportation
of radioactive wastes within the state. The plan approval siting application
shall address the transportation means and routes available to evacuate the
population at risk in the event of on-site accidents, including spills and
fires.
(8) The plan
approval siting application shall provide evidence that if the proposed
disposal site is on land not owned by state or federal government, that
arrangements have been made for assumption of ownership in fee by a state or
federal agency.
(9) Siting
Authority. The Director recognizes that Titles 10 and 17 of the Utah Code give
cities and counties authority for local use planning and zoning. Nothing in
Section R313-25-3 precludes cities and counties from establishing additional
requirements as provided by applicable state and federal law.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.