2005 California Health and Safety Code Sections 114990-115055 Article 3. Control Agency

114990.  The department is designated as the agency responsible for
the issuance of licenses.  In carrying out its duties under this
section, the department may enter into an agreement with the Division
of Occupational Safety and Health and other state and local agencies
to conduct technical evaluations of license applications prior to
issuance of licenses.  The agreements shall also include provisions
for conducting inspections in accordance with Section 115095.
114995.  The authority of the department to issue licenses pursuant
to Section 114990 is not affected by any requirements to conduct
studies or planning efforts specified in Section 115005.
115000.  The department shall, for the protection of public health
and safety do all of the following:
   (a) Develop programs for evaluation of hazards associated with use
of sources of ionizing radiation.
   (b) Develop programs, with due regard for compatibility with
federal programs, for licensing and regulation of byproduct, source,
and special nuclear materials, and other radioactive materials.
   (c) Except as provided in Section 18930, adopt regulations
relating to control of other sources of ionizing radiation.
   (d) Issue any regulations that may be necessary in connection with
proceedings under Article 4 (commencing with Section 115060).
   (e) Collect and disseminate information relating to control of
sources of ionizing radiation, including all of the following:
   (1) Maintenance of a file of all license applications, issuances,
denials, amendments, transfers, renewals, modifications, suspensions,
and revocations.
   (2) Maintenance of a file of all regulations relating to
regulation of sources of ionizing radiation, pending or adopted, and
proceedings thereon.
   (3) Disseminate information regarding the evaluation of hazards
associated with the use of sources of ionizing radiation.
   Nothing in this chapter shall be construed as precluding the
Division of Occupational Safety and Health from adopting and
enforcing regulations relating to matters within its jurisdiction
consistent with, in furtherance of, and designed to implement this
chapter and the regulations adopted thereunder.
115000.1.  (a) For the purposes of this section, the following terms
have the following meanings:
   (1) "Generate" means to produce or cause the production of, or to
engage in an activity which otherwise results in the creation or
increase in the volume of, low-level radioactive waste.
   (2) (A) "Generator" means any person who, by his or her actions,
or by the actions of his or her agent, employee, or independent
contractor, generates low-level radioactive waste in the state.
   (B) For purposes of this section, a person who provides for or
arranges for the collection, transportation, treatment, storage, or
disposal of low-level radioactive waste generated by others is a
generator only to the extent that his or her actions, or the actions
of his or her agent, employee, or independent contractor, generate
low-level radioactive waste.
   (3) "Person" means an individual, partnership, corporation, or
other legal entity, including any state, interstate, federal, or
municipal governmental entity.
   (4) "Waste" means material that is not in use and is no longer
useful.
   (5) "Generator category" includes, but is not limited to, any of
the following:
   (A) Nuclear powerplants.
   (B) Reactor vendors or designers.
   (C) Government.
   (D) Medicine.
   (E) Academia.
   (F) Aerospace.
   (G) Military.
   (H) Research.
   (I) Industrial gauges.
   (J) Manufacturing.
   (6) "Low-level radioactive waste" or "LLRW" has the same meaning
as defined in Article 2 of the Southwestern Low-Level Radioactive
Waste Disposal Compact, as set forth in Section 115255.
   (7) "Class" means the class of low-level radioactive waste.
"Class A", "class B", and "class C" waste are those classes defined
in Section 61.55 of Title 10 of the Code of Federal Regulations.
   (8) "Licensed LLRW disposal facility" means any of the three
disposal facilities located at Barnwell, South Carolina; Clive, Utah;
or Richland, Washington, that exist on January 1, 2003.
   (b) The department shall, for the protection of public health and
safety maintain a file of each manifest from each generator of LLRW
that is sent to a disposal facility or to a facility subject to the
Southwestern Low-level Radioactive Waste Disposal Compact, as set
forth in Article 17 (commencing with Section 115250).
   (c) The department shall, for the protection of public health and
safety, maintain a file of all LLRW transferred for disposal to a
licensed LLRW disposal facility during the reporting period, either
directly or through a broker or agent, that shall meet all of the
following conditions:
   (1) Specify the category of generator, class, quantity by
activity, and volume of LLRW, including an estimate of the peak and
average quantities in storage, along with the identity of the
generator, and the chemical and physical characteristics of that
waste, including its half-life, properties, or constituents, and
radionuclides present at, or above, the minimum labeling
requirements, with their respective concentrations and amounts of
radioactivity.
   (2) Be updated annually, at minimum, to ensure an accurate and
timely depiction of radioactive waste in the state.
   (3) Include all of the following information in the file:
   (A) The total volume, volume by class, and activity by
radionuclide and class.
   (B) The types and specifications of individual containers used and
the number of each type transferred for disposal.
   (C) The maximum surface radiation exposure level on any single
container of LLRW transferred, the number of disposal containers that
exceed 200 mR/hour, and the volume, class, and activity by
radionuclide.
   (D) The identification of each licensed LLRW disposal facility to
which LLRW was transferred, either directly or through a broker or
agent, and the volume and activity by class of LLRW transferred by
each broker to each licensed LLRW disposal facility.
   (E) The identification of all brokers or agents to which LLRW was
transferred and the volume and activity by class of the generator's
LLRW transferred by each broker or agent to each licensed LLRW
disposal facility.
   (F) The weight of source material by its type. For purposes of
this paragraph, "type" includes, but is not limited to, natural
uranium, depleted uranium, or thorium.
   (G) The total number of grams of special nuclear material by
radionuclide, and the maximum number of grams of special nuclear
material in any single shipment by radionuclide.
   (H) As complete a description as practicable of the principal
chemical and physical form of the LLRW by volume and radionuclide,
including the identification of any known hazardous properties, other
than its radioactive property.
   (I) For solidified or sorbed liquids, the nature of the liquid,
the solidifying or sorbing agent used, and the final volume.
   (J) For LLRW containing more than 0.1 percent by weight chelating
agents, the identification of the chelating agent, the volume and
weight of the LLRW and the weight percentage of chelating agent.
   (K) For LLRW that was treated, either by the generator or its
agent or independent contractor, in preparation for transfer to a
licensed LLRW disposal facility described in paragraph (8) of
subdivision (a) for the purpose of reducing its volume or activity by
any method including reduction by storage for decay, or for the
purpose of changing its physical or chemical characteristics in a
manner other than by solidification or sorption of liquids, the file
shall include a description of the treatment process.
   (L) The volume, volume by class, and activity by radionuclide and
class of that LLRW, if any, that the generator is holding at the end
of the annual reporting period because the generator knows or has
reason to believe that LLRW will not be accepted for disposal at any
of the licensed LLRW disposal facilities.  The file shall include a
description of this LLRW.
   (d) The department shall maintain a file on each generator's LLRW
stored, including specific radionuclides, total volume, volume by
class, total activity, and activity by radionuclide and class of LLRW
stored for decay and stored for later transfer, including the
periods of time for both types of storage.
   (e) (1) The department shall prepare an annual report, including a
set of tables summarizing data collected from the activities and
maintenance of files specified in subdivisions (c) and (d) to the
department.  These annual data tables shall contain information that
summarizes and categorizes, by category, and if applicable,
subcategory, of generator and location by county and identity of
generator, the nature, characteristics and the total volume, volume
by class, total activity and activity by radionuclide and class of
LLRW generated, disposed of, treated, transferred, stored for later
transfer, and stored for decay during each calendar year.
   (2) The department shall note, in the set of tables prepared
pursuant to paragraph (1), any generator for which data are lacking.
   (f) The department shall make the information described in
subdivisions (c) and (d) available to the public in a format that
aggregates the information by county.  The department shall not make
public the identity and location of any site where LLRW is stored or
used.  The department may combine information from multiple counties
if necessary to protect public security.  Notwithstanding any other
provision of law the department shall not make the report prepared
pursuant to subdivision (e) available to the public, and the report
is not subject to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 6 of Title 1 of the
Government Code).
   (g) The department may make the information described in
subdivisions (c) and (d) available upon request to any Member of the
Legislature.  No Member of the Legislature may disclose the identity
or location of any site where LLRW is stored or used to any member of
the general public.
   (h) To meet the requirements of this section, each generator shall
submit to the department the information included in Forms 540, 541,
and 542, and any successor forms, of the Nuclear Regulatory
Commission, for each LLRW shipment.  In addition, for purposes of
subparagraph (L) of paragraph (4) of subdivision (c) and subdivision
(d), each generator shall annually complete and submit to the
department the information included on Forms 540, 541, and 542, and
any successor forms, of the Nuclear Regulatory Commission that
describe the LLRW stored and shipped by the generator.
115005.  In addition to the requirements imposed by Section 115000,
the department shall develop an overall plan, in consultation with
other state, regional, and federal agencies, for the management,
treatment, and disposal of low-level radioactive waste generated
within California.  The plan shall contain, at a minimum, all of the
following elements:
   (a) Specific contingency plans to address the needs of the state
for the short-term storage of low-level radioactive waste in the
event of a precipitous closure of existing out-of-state commercial
waste disposal facilities and to evaluate feasible alternatives for
meeting the state's needs.  This element of the plan shall include,
but is not limited to, all of the following factors:
   (1) The amount and kinds of low-level radioactive waste generated
by California licensees and current disposal locations.
   (2) The size and nature of an interim storage facility required to
meet California's interim low-level radioactive waste disposal
needs.
   (3) The cost of developing and operating an interim storage site
by the department or contracting organizations.
   (4) Criteria for the siting of an interim storage site, including,
but not limited to, all of the following:
   (A) Proximity to population.
   (B) Geologic stability.
   (C) Proximity to ground or surface water.
   (D) Availability of transportation.
   (E) General public health and economic considerations.
   This element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
   (b) A classification scheme for the separation of low-level waste
that will facilitate the management, treatment, storage, and ultimate
disposal of the waste.  This classification scheme shall consider
the matters as possible de minimis radiation levels for specific
radionuclides, the quantity and specific activity of the material,
its persistence, toxicity, chemical form, reactivity, and the
principal radionuclides present.  The classification scheme shall
also include the specifications necessary to determine which classes
of waste may or may not be accepted for storage in an interim storage
facility established pursuant to Section 115045, that may or may not
be held by the licensee for decay to specified residual
radioactivity levels and that require long-term isolation from the
environment, as the case may be, for the protection of the public
health and safety.  The department may require as a condition of
licensure the submission of information necessary to determine the
total amount of waste produced in each class of the classification
scheme.  The department may, by regulation, adopt the classification
scheme establishing which wastes may or may not be accepted at an
interim storage facility or at a treatment or disposal facility.
   This element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
   (c) Siting criteria for potential land burial disposal sites and
treatment facilities within the state.  In establishing these
criteria, the department shall consider the following factors,
including, but not limited to:
   (1) The present and projected future uses of land, water, and
natural resources.
   (2) The proximity of the site to major population centers.
   (3) The presence of active earthquake faults.
   (4) Geologic and other natural barriers that protect against
surface or groundwater contamination.
   (5) The effectiveness of engineered barriers, waste treatment, and
waste packaging in ensuring isolation of the waste from the
environment.
   (6) Transportation of radioactive materials as it relates to
public health and safety.
   (7) The relative economic impact of location and operation of
treatment or disposal facilities.
   This element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
   (d) A plan of action to minimize the environmental, occupational,
and public health impact of low-level radioactive waste and to
protect the public health and safety by encouraging a reduction in
the amount and toxicity of waste produced.  This activity shall
include conducting or having studies conducted that evaluate the
technical and economic feasibility of (1) reducing the volume,
reactivity, and chemical and radioactive hazard of the waste, (2)
cleaning contaminated, nonactivated metals and other materials to
permit their recycle and reuse, and (3) substituting nonradioactive
or short-lived radioactive materials for those radionuclides that
require long-term isolation from the environment.  The results of
these studies, along with the departmental recommendations for their
implementation, shall be reported by the department to the
appropriate committees of the Legislature on or before December 31,
1983.
   (e) Within six months after September 28, 1983, the Governor shall
direct the appropriate state agency or agencies, as determined by
the Governor, to conduct and complete a study that identifies those
regions of the state within which it is likely the criteria developed
pursuant to subdivision (c) could be met.  The state agency or
agencies, so directed, may also request, when appropriate, the
assistance of state or federal agencies or private organizations.
115010.  (a) The department shall not grant any license to receive
radioactive material from other persons for disposal on land unless
all of the following requirements are satisfied:
   (1) The land on which the radioactive wastes are to be buried is
owned by the federal or state government.
   (2) The department determines that the site is consistent with the
public health and safety.
   (3) The applicant for the license will comply with the emergency
regulations adopted by the department pursuant to subdivision (b).
   (b) Not later than six months after September 28, 1983, the
department shall adopt emergency regulations for the licensing of
those persons engaged in the disposal of low-level radioactive waste
and for implementing this section and Sections 115015, 115020, and
115030.
   The emergency regulations shall be consistent with the federal
regulations found in Sections 301 through 311, inclusive, of Part 20
of Title 10 and in Part 61 of Title 10 of the Code of Federal
Regulations (Federal Register, Vol.  47, No. 28, page 57446, December
27, 1982) and shall be adopted solely for the purposes of clarifying
and rendering specific, for application in California, these federal
regulations and implementing this section and Sections 115015,
115020, and 115030.
   (c) The emergency regulations specified in subdivision (b) shall
be adopted by the department in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any emergency
regulations adopted by the department pursuant to this subdivision
shall not be repealed by the  Office of Administrative Law and shall
remain in effect until revised or repealed by the department.
   (d) The department may, by emergency regulation adopted in
accordance with subdivision (c), establish and collect a fee for the
issuance or renewal of a license specified in subdivision (a).
115010.5.  The department shall, by regulation, establish and
collect a fee for the issuance or renewal of a license to dispose of
low-level radioactive waste pursuant to this chapter.  The fees
collected shall be sufficient to cover the state's cost in reviewing
the application, issuing or renewing the license, and inspecting and
conducting oversight of the licensee.
115015.  The department may limit the number of licenses issued
pursuant to Sections 114990, 115010, and 115020 authorizing the
receipt of radioactive material from other persons for disposal on
land.
115020.  (a) All applicants filing a statement of capabilities and
notice of intention to file an application for a license to receive
radioactive materials from other persons for disposal on land shall
file the statement and notice within three months after the
department adopts the emergency regulations specified in subdivision
(b) of Section 115010.  Within 45 days after the termination of that
three-month filing period, the department shall evaluate the
statements of capabilities and notices of intent.  The director shall
determine, within that 45-day period, whether the department has
received one or more statements and notices that are likely to result
in the filing of an application for a license satisfying the
requirements of Section 115010.
   (b) If the director determines, within the 45-day period specified
in subdivision (a), that the department has received one or more
statements of capabilities and notices of intent which are likely to
result in the filing of an application for a license, the department
shall, within the 45-day period, select one of the applicants who
filed the statement of capabilities and notice of intent to file a
license application as a license designee.
   (c) The department shall adopt emergency regulations establishing
procedures for the review and evaluation of the statements of
capabilities and notices of intent, as specified in subdivision (a),
and for the selection of a license designee, as specified in
subdivision (b).  These emergency regulations shall be adopted by the
department in accordance with subdivision (c) of Section 115010 and
shall include procedures for soliciting, evaluating, ranking, and
designating license designees and for selecting alternative license
designees based upon the ranking.
   (d) The department may solicit additional statements of
capabilities and notices of intent if a license designee withdraws or
becomes ineligible for licensing, or if a license is issued and is
then suspended, revoked, or terminated.
   (e) The department may, by emergency regulations adopted in
accordance with subdivision (c) of Section 115010, establish and
collect a fee for filing a statement of capabilities and notice of
intent.
   (f) The department may require that a person selected as a license
designee pursuant to this section post a bond of up to one million
dollars ($1,000,000) to guarantee that the person will carry out the
activities connected with completing the license application and
obtaining the license.  The department shall, by emergency regulation
adopted in accordance with subdivision (c) of Section 115010,
establish standards for the forfeiture of the bond.
115025.  (a) If, within 45 days after the termination of the
three-month filing period specified in subdivision (a) of Section
115020, the director determines that the department has not received
a statement of capabilities and a notice of intent to file an
application for a license to receive radioactive materials from other
persons for disposal on land that is likely to result in the filing
of an application that satisfies the requirements of Section 115010,
the director shall notify the Secretary of the Resources Agency.
   (b) Within one year after receiving the notification specified in
subdivision (a), the Secretary of the Resources Agency shall file
with the department an application for a license to receive
radioactive materials from other persons for disposal on land at a
site within a region identified pursuant to subdivision (e) of
Section 115005 and that is owned, operated, or both, by the state.
   (c) (1) Upon the request of the Resources Agency, the Director of
Finance may provide a loan from the General Fund to the Resources
Agency for the purposes of implementing this section.  The Resources
Agency shall repay any loans made pursuant to this section pursuant
to the terms and conditions prescribed by the Department of Finance,
including interest at the rate set by the Pooled Money Investment
Board pursuant to Section 16314 of the Government Code.
   (2) The Director of Finance shall not provide more than two
million dollars ($2,000,000) pursuant to this subdivision during the
1983-84 fiscal year.  The amount for loans in the 1984-85 fiscal
year, and subsequent fiscal years, shall be specified annually in the
Budget Act and the total of all loans made pursuant to this
subdivision shall not exceed fifteen million dollars ($15,000,000).
   (d) If a radioactive materials disposal site that is owned,
operated, or both, by the state is established pursuant to this
section, the Secretary of the Resources Agency shall establish a
schedule of fees to be charged each person who disposes of
radioactive materials at the site.  The schedule of fees shall be set
at an amount sufficient to reimburse the state for any costs
incurred in developing, constructing, and operating the site.
115030.  The department may require that all schedules of fees
charged for the disposal of radioactive material by a person owning
or operating a site licensed pursuant to Section 115010 are to be
submitted to the department prior to their implementation.  The
department may determine, following a public hearing and based upon
written findings, if the fees to be charged are reasonable and may
require the owner or operator to modify the fee schedule if so
determined by the department.
115035.  In addition to the fees authorized to be levied pursuant to
Section 115065, the department may, by regulation, set fees to be
paid for the disposal in the state of low-level radioactive waste,
set in an amount sufficient to pay the costs of the regulatory
activities specified in paragraphs (2) and (3) of subdivision (E) of
Article 4 of the Southwestern Low-Level Radioactive Waste Disposal
Compact, as specified in Section 115255.
115040.  (a) The license designee shall file periodic financial
reports with the department as directed by the department.  These
reports shall provide detailed information on past and projected
expenditures for development and operation of the low-level
radioactive waste disposal site according to progammatic function,
including, but not limited to, all of the following:
   (1) Program management.
   (2) Candidate sites selection.
   (3) Site characterization.
   (4) Environmental.
   (5) Public and agency involvement.
   (6) Licensing and permitting.
   (7) Site development.
   (8) Land acquisition.
   (9) Financing.
   (10) Operations.
   (b) The license designee shall file reports with the department,
as directed by the department, that identify, quantify, and explain
major causes of actual and projected cost overruns and cost underruns
with regard to the cost projections provided in the statement of
capabilities and notice of intent.
   (c) The Legislature finds and declares that the purpose of this
section is to identify minimum financial reporting requirements for
the costs of developing and operating the state's low-level
radioactive waste disposal facility.  This section does not limit the
authority of the department to require the license designee to
furnish any additional information that the department determines to
be necessary to fulfill its duties under this chapter, including
Section 115030.
115045.  (a) The department is authorized, pursuant to subdivision
(d), to establish and operate, or contract for the establishment and
contract for operation, of one or more low-level radioactive waste
interim storage facilities for the exclusive use of persons located
in California who are licensed by the department or the United States
Nuclear Regulatory Commission.
   (b) In addition to the fees authorized to be levied pursuant to
Section 115065, the department is authorized to set and collect fees,
by regulation, to be paid by generators in California of low-level
radioactive waste in an amount sufficient to support the development
and operation of the facilities including the surveillance and repair
of damaged packages, maintenance of the facilities, decontamination,
decommissioning, and postclosure maintenance of these facilities,
recordkeeping systems, and other activities as the department finds
necessary to ensure the safe operation of such a facility.  In no
event shall any fee be set in an amount that exceeds the amount
reasonably necessary to implement this section.  The department is
also authorized to require the operators or the users of the
facilities to post bonds or possess adequate insurance as may be
reasonably necessary to protect the state against such liabilities as
storage and ultimate disposal costs for abandoned waste and against
claims arising out of accidents or failures of the storage facility.
   (c) All users of any facility operated pursuant to this section
must all meet state and federal orders, requirements, or regulations
for handling and management of low-level radioactive waste including
those prescribed pursuant to subdivision (b) of Section 115005.
   (d) No low-level radioactive waste interim storage facility may be
established pursuant to subdivision (a) until all of the following
occurs:
   (1) The department has fulfilled the requirements of subdivisions
(a) and (b) of Section 115005 and has submitted its findings to the
Legislature.
   (2) The establishment of the interim storage facility is
consistent with the elements of the low-level radioactive waste
disposal plan specified in subdivisions (a) and (b) of Section
115005.
   (3) The department files a notice with the Legislature, while in
session, 60 days before establishing the facility.
   (e) In addition to any other grounds authorizing the department,
or any person with whom it contracts, to cease the operation of a
low-level radioactive waste interim storage facility, any such
facility shall cease accepting low-level radioactive waste for
interim storage (1) no later than five years after the date it
commences operating or (2) if the director determines that an
alternate disposal site is available to California licensees in the
western region of the United States, whichever event occurs first.
   (f) Within seven years of commencing operation of any interim
storage facility all wastes stored at the facility shall be
transferred to a permanent land burial disposal site or permanently
disposed of by some other treatment or means of disposal and the
facility shall be closed and thereafter, to the extent necessary, as
determined by the department, decontaminated and decommissioned.
   (g) This section shall remain in effect for a period of eight
years from the date of the establishment of a low-level radioactive
waste interim storage facility pursuant to this section, and as of
that date is repealed.  The director shall report the date the
facility is established to the appropriate committees of each house
of the Legislature and the Legislative Counsel Bureau.
115050.  The Governor shall negotiate and enter into interstate
agreements, interstate compacts, or agreements with compacts, for the
purpose of establishing access to, or maintaining access to, land
disposal facilities for low-level radioactive waste generated in
California.  The terms of the agreement or compact may include, but
are not limited to, a provision that the other parties to the
agreement or compact will have reciprocal access to California
permanent disposal facilities, when operational.
   The Governor shall report to the Legislature on the status of
these negotiations within four months after September 28, 1983, and
every four months thereafter, until an agreement or compact is
entered into or the negotiations are terminated.
   Any agreement or compact that proposes membership for California
in a compact made pursuant to the Low-Level Radioactive Waste Policy
Act (42 U.S.C.  Secs. 2021b to 2021d, inclusive) or any interstate
agreement or agreement with a compact that includes a provision that
the other parties to the agreement will have reciprocal access to
California permanent disposal facilities, when operational, shall be
submitted to the Legislature for ratification by statute.
115055.  The director shall appoint, in consultation with the
Chairperson of the Senate Committee on Rules and the Speaker of the
Assembly, an advisory committee to advise the department regarding
methods for minimizing the environmental impact of low-level wastes,
criteria for siting low-level waste treatment and burial facilities,
alternatives to land burial of low-level waste, and waste
classification schemes.
   The committee shall include representatives from the field of
medicine, and from research, industrial, environmental, and public
health organizations, who have demonstrated expertise and experience
with radioactive materials, waste management, the health effects of
exposure to low-level waste, or the environmental impact associated
with the storage of low-level waste.  The director shall appoint to
the advisory committee the director of environmental health of the
county where a low-level waste disposal facility is sited.