Section 236.225. Requirements for issuance of a license

A license will not be issued unless the applicant affirmatively demonstrates to the satisfaction of the Department that:

(1) The operation will not endanger public health, safety and welfare or the environment.

(2) The application is accurate and complete and the requirements of the act and this chapter have been satisfied.

(3) The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and minimizes danger to life or property.

(4) The applicant’s proposed disposal site, disposal facility design, disposal facility operations, including equipment, facilities and procedures, disposal site closure and postclosure institutional control are adequate to protect the public health and safety by providing assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in § 236.13 (relating to protection of the general population and environment from releases of radioactivity).

(5) The applicant’s proposed disposal site, disposal facility design, disposal facility operations, including equipment, facilities and procedures, disposal site closure and postclosure institutional control are adequate to protect the public health and safety by providing assurance that individual inadvertent intruders are protected in accordance with the performance objective in § 236.14 (relating to protection of individuals from inadvertent intrusion).

(6) The applicant’s proposed disposal facility design and disposal facility operations, including equipment, facilities and procedures, are adequate to protect the public health and safety by providing assurance that the standards for radiation protection in Chapter 219 (relating to standards for protection against radiation) will be met.

(7) The applicant’s proposed disposal site, disposal facility design, disposal facility operations, disposal site closure and postclosure institutional control are adequate to protect the public health and safety by providing assurance that long term stability of the disposed waste and the disposal site will be achieved and will eliminate to the extent practicable the need for ongoing active maintenance following closure.

(8) The technical requirements of Subchapters B and D—F will be met.

(9) The applicant’s proposal for institutional control, as required in § 236.210 (relating to institutional control information), provides assurance that the control will be provided for the long term care period.

(10) The financial or surety arrangements meet the requirements of Subchapter G (relating to financial assurances and liability).

Notation

Cross References

This section cited in 25 Pa. Code § 236.241 (relating to amendments for closure and transfer); 25 Pa. Code § 236.242 (relating to other amendments); and 25 Pa. Code § 236.246 (relating to application and transfer of license to the Commonwealth).