R313.  Environmental Quality, Waste Management and Radiation Control, Radiation.
R313-26.  Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities.
R313-26-1.  Purpose and Authority.
	(1)  The purpose of this rule is to prescribe the requirements for the issuance of permits to generators for accessing a land disposal facility located within the State and requirements for shippers.
	(2)  The rules set forth herein are adopted pursuant to the provisions of Subsections 19-3-104(4) and 19-3-104(7).
	(3)  The requirements of Rule R313-26 are in addition to, and not in substitution for, other applicable requirements of these rules.

R313-26-2.  Definitions.
	As used in Rule R313-26, the following definitions apply:
	"Disposal" means the isolation of wastes from the biosphere by placing them in a land disposal facility.
	"Generator Site Access Permit" means an authorization to deliver radioactive wastes to a land disposal facility located within the State of Utah.
	"Land disposal facility" has the same meaning as that given in Section R313-25-2.
	"Manifest" means the document, as defined in Appendix G of 10 CFR 20.1001 to 20.2402 (2006),used for identifying the quantity, composition, origin, and destination of radioactive waste during its transport to a disposal facility.
	"Packager" means Waste Processor, Waste Collector or Waste Generator as defined in Section R313-26-2.
	"Radioactive waste" means any material that contains radioactivity or is radioactively contaminated and is intended for ultimate disposal at a licensed land disposal facility in Utah.
	"Shipper" means the person who offers radioactive waste for transportation, typically consigning this type of waste to a land disposal facility.
	"Waste Collector," "Waste Generator," and "Waste Processor" has the meaning as defined in Appendix G of 10 CFR 20.1001 to 20.2402 (2006).

R313-26-3.  Generator Site Access Permits.
	A Waste Generator, Waste Collector, or Waste Processor shall obtain a Generator Site Access Permit from the Director before transferring radioactive waste to a land disposal facility in Utah.
	(1)  Generator Site Access Permit applications shall be filed on a form prescribed by the Director.
	(2)  Applications shall be received by the Director at least 30 days prior to any shipments being delivered to a land disposal facility in Utah.
	(3)  Each Generator Site Access Permit application shall include a certification to the Director that the shipper shall comply with all applicable State or Federal laws, administrative rules and regulations, licenses, or license conditions of the land disposal facility regarding the packaging, transportation, storage, disposal and delivery of radioactive wastes.
	(4)  Generator Site Access Permit fees shall be assessed annually by the Director based on the following classifications:
	(a)  Waste Generators shipping more than 1000 cubic feet of radioactive waste annually to a land disposal facility in Utah.
	(b)  Waste Generators shipping 1000 cubic feet or less of radioactive waste annually to a land disposal facility in Utah.
	(c)  Waste Collectors or Waste Processors shipping radioactive waste to a land disposal facility in Utah.
	(5)  Generator Site Access Permits shall be valid for a maximum of one year from the date of issuance. The Director may modify individual Generator Site Access Permit terms and prorate the annual fees accordingly for administrative purposes.
	(6)  Generator Site Access Permits may be renewed by filing a new application with the Director. To ensure timely renewal, generators and brokers shall submit applications, for Generator Site Access Permit renewal, a minimum of 30 days prior to the expiration date of their Generator Site Access Permit.
	(7)  Generator Site Access Permit fees are not refundable.
	(8)  Transfer of a Generator Site Access Permit shall be approved by the Director.
	(9)  The number of Generator Site Access Permits required by each generator shall be determined by the following requirements:
	(a)  Generators who own multiple facilities within the same state may apply for one Generator Site Access Permit, provided the same contact person within the generator's company shall be responsible for responding to the Director for matters pertaining to the waste shipments.
	(b)  Facilities which are owned by the same generator and located in different states shall obtain separate Generator Site Access Permits.
	(c)  Persons who both generate and are either a Waste Processor or Waste Collector shall obtain separate Generator Site Access Permits.

R313-26-4.  Shipper's Requirements.
	(1)  The shipper shall provide on demand the Director a copy of the Nuclear Regulatory Commission's "Uniform Low Level Radioactive Waste Manifest" for shipments consigned for disposal within Utah.
	(2)  The appropriate Generator Site Access Permit number(s) shall be documented on the manifest.
	(3)  Waste Generators, Waste Processors and Waste Collectors shall ensure that all Generator Site Access Permits are current prior to shipment of waste to a land disposal facility located in the state of Utah, and that the waste will arrive at the land disposal facility prior to the expiration date of the Generator Site Access Permits.
	(4)  A Waste Collector, Waste Processor or Waste Generator shall ensure all radioactive waste contained within a shipment for disposal at a land disposal facility in the state is traceable to the original generators and states, regardless of whether the waste is shipped directly from the point of generation to the disposal facility.
	(5)  The shipper shall ensure waste material is contained where no release of material can occur under conditions normally incident to transportation and shall utilize waste container(s)/package(s) where containment integrity has not been compromised.

R313-26-5.  Land Disposal Facility Licensee Requirements.
	The land disposal facility licensee shall ensure that Waste Generators, Waste Collectors and Waste Processors have a current, unencumbered Generator Site Access Permit prior to accepting a Waste Generator's, Waste Collector's or Waste Processor's waste.

R313-26-6.  Enforcement.
	Generator Site Access Permittees shall be subject to the provisions of Rule R313-14 for violations of federal regulations, state rules or requirements in the current land disposal facility operating license regarding radioactive waste packaging, transportation, labeling, notification, classification, marking, manifesting or description.

KEY:  radioactive waste generator permit
Date of Enactment or Last Substantive Amendment:  September 22, 2011
Notice of Continuation:  March 10, 2016
Authorizing, and Implemented or Interpreted Law:  19-3-106.4