ML20126K015
| ML20126K015 | |
| Person / Time | |
|---|---|
| Issue date: | 05/31/1985 |
| From: | Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Higginbotham L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| REF-WM-8 SA-KNS, NUDOCS 8506100754 | |
| Download: ML20126K015 (6) | |
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UNITED STATES 4
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Ref: SA/KNS MAY 31 N e3 8
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RS x "'s MEMORANDUM FOR: Leo Higginbotham, Chief d,
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Division of Waste Management, NMSS Q
E FROM:
Donald A. Nussbaumer-Assistant Director for State Agreements Program Office of State Programs
SUBJECT:
BEATTY SITE CLOSURE PLAN Enclosed for your information is a May 15, 1985 letter from John Vaden, Nevada to S. Wright, U.S. Ecology regarding a meeting with NRC, Nevada and licensee to discuss the U.S. Ecology's closure plan. Also attached is the lease the State of Nevada has executed with BLM over the buffer zone. Questions regarding the lease were raised in NRC's coninents to the State of Nevada on the closure plan.
W8 Donald A. Nussbaumer Assistant Director for I
State Agreements Program Office of State Programs
Enclosure:
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e May 15, 1985 S.V. Wright, Jr., Vice President U.S. Ecology, Inc.
P.O. Box 7246 Louisville, KY 40207
Dear Mr. Wright:
This is in regard to the revised site closure plan submitted with your letter dated February 7, 1985.
We have reviewed the closure plan and it has also been reviewed by representatives of the U.S. Nuclear Regulatory Commission.
There are still a number of unresolved items and inadequately described procedures in the plan which we feel can best be addressed in a meeting between all concerned parties.
We would like to suggest the week starting June 17, 1985, as the target week within which a one day meeting on the closure plan could be held.
We believe that the meeting should be held at the Beatty site in as much as the site topography, trench layout, well locations and distance between the chemical waste site and the radioactive waste site are all important factors in the closure plan.
Please advise at your earliest convenience whether U.S. Ecology staff will be available for a meeting on this matter, and designate a meeting date in the target week or suggest another time which you prefer for the meeting.
Sincerely, ohn Vaden, Supervisor Radiological Health Section Bureau of Regulatory Health Services JVskmf;d2 cc: Jerry Griepentrog Don Nussbaumer, NRC 4- -
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32 REFER TO THE AP.OVE (A0E SERIAL NUttBER IN ALL CORRESPONDENCE.
PLEASE INFORM THi~ OFFICE OF ANY CHANGE IN ADDRESS NOTF: This notice is o receipt for monies poid the United $tates. If these monies are for required fees in cent.ection wi*h yeve oppi. cation to icose, purchase, enter, er other.
wise ocquire c n interest in pub!ic lands er res:sveces. thic receipt is not on author.
inntion te utilne the land epialiert fos end it does not convey any right, title, or interest in the land for which application in mocle.
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UNITE 3 STATES? 9 Serirl Number 6
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DEPARTMENT OF THE INTtk!Olk,y, f o,,1982 J
BUREAU OF LAND MANAG5 MENT, RECREATION OR PUBLIC PURPOSES LEASE Act of June 14, 1926, as amended (43 U.S.C. 869 er see.)
,, g e77 9 pp g )
This lease entered into on this 70th ay of Ju9e d
lessor, through the authorized officer of the Bureau of Land Management, and,19 02, by the State of Nave 4 Depart ent of Conserv9tfon and PAtyr4I II"!OurCe5 c/i "1visir n' Lt?t" lnMSa T)) Seu*h F411.itret Carson Cfty. EV TN10 called the lessee, pursuant and subject to the terms and provisions of the Recreation and
, hereinaft all reasonable regulations of the Secretary of the Interior now or heresiter in force wh press and specific provisions herein, which are made a part hereof.
WITNE1SETH.
Sec.1. The lessor, in consideration of the rents to be paid and the conditions to be observed a does hereby grant and lease to the lessee the right and privilege of using for the purposes herein following-described lands: tof *h*r with 49 option tO !"ur@ ASP rfurin? the term n' the l'M. !
Hnunt Df ahlo Ferfdten T. 13 S.,
R. A7 E, sec. 26, S m ;
sec. 35, $m, Mtyt'Ex Mim!
containieg D acres, together with the right to construct and maintain thereon all butidigs,or,otg.,isy necessary for such use for a period of 25 years, the rentst to be S 2WI.T per HAM li, at the expiratio-date of the fease the authorized officer shall determine that the lease may be renewed, the lessee herein w cordedghe privileg of renewat upu9 attacher! herato) ined by the lensor. The lessee may use the pree n such terms as may be f aN :r zone, sea Wari Sec. 2. There are reserved to the United States all playces, contractors (incluctin g, without imitatme mineral deposits in said lands, together with the right lessees, sublessees, and permittees), to prohibit e to mine and remove the same under applicable laws and regulations to be established by the Secretary of the restrict the use of any part of the leased premises e Interior.
any of the facilities thereon by any person because o such person'a race, creed, color, sex, or national origin Sec. 3. The lessor reserves the right of entry, or use.
(d) Not to assign this lease or to change the use e by the land, without first receiving the consent of th.
(a) any authorized person, upon the leased ores authorized officer of the Bureau of Land Management and into the buildings constructed thereon for the pur.
(e) That this lease may be terminated after due pose of inspection; notice to the lessee upon a finding by the authoriret (b) Federal agents and game wardens upon the officer that the lessee had failed to comply with the leased area on official business; terms of the lease; or has failed to use the leased land (c) the United States, its permittees and licensees, for the purposes specified in this lease for a periot to mine and remove the mineral deposits referred to
- I
-consecutive years; or that all or part of the in Sec. 2, above.
lands is being devoted to some other use not consentec l
Sec. 4. In consideration of the foregoing,' the lessee 9
complied with his development and management plans f
het u n termi ation of this lease by en-cor nc wi h e 4 f e desigka}eM W 11catten e Junc
,sq pirati n. surrender, or cancellation thereof, the lessee tupplePPntal Inf0PmttIOM fil e'!
shall surrender possession of the premises to the Unitec W
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' rp t e. Aer 13, 1 %),
States in good condition and shall comply with such l
f g,g.rgg gyd!5 appeqvyd by provisions and conditions respecting the removal of the an authorized officer on improvements of and equipment on the prorerty *as ma) l or any modification thereof hereinafter approved by an be made by an authorized officer, I
l authorized officer, and to maintain a!! improvements, (g) To talie such reasonable steps as may be needed
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during the term of this lease, in a reasonably good to Protect the surface of the leased area and the natural state of repair.
resources and improvements thereon (b) To pay the lessor the annual rental above set (h) Not to cut timber on Se Nased area without forth in advance during the continuarece of this lease.
Prior permission of, or in violation of tne provisions and (c) Not to allow the use of the lands for unlawfug conditions made by an authorized officer.
I Purposes or for any purpose not specified in this lease (i) That nothingcontained in this lease shall restrici unless tonnented to tander its terms; not to prohibit or the acquisition, granting, or use of permits or rights-of-restflci, directly et indirectie er permit its pents, em.
way under existing laws by en authorized Federal officer.
l OS.Y(
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ADDENDUM TO RECREATION AND PUBLIC PURPOSES LEASE Nev-057750 1.
If antiquities including, but not limited to, archaeological items, paleontological objects or other objects of historic or scientific interest are discovered on the leased area, the lessee shall leave the items or conditions intact and inform the District Manager; Lessee shall comply with the applicable Federal and State laws 2.
and regulations concerning the use of pesticides (i.e., insecti-cides, herbicides, fungicides, rodenticides, and other similar sub-stances) in all activities / operations authorized under this lease.
The lessee shall obtain approval of a written plan prior to the use of such substances from the Authorized Officer. The plan must provide the type and quantity of material to be used; the pest, insect and fungus to be controlled; the method of application; the location for storage and disposal of containers; and other information that the Authorized Officer may require. The plan should be submitted no later than December 1 of any calendar year that covers the pro-posed activities for the next fiscal year (i.e., December 1,1979, deadline for a fiscal year 1981 action).
Emergency use of pesticides The use of substances on or near the leasehold shall be may occur.
in accordance with the approved plan. A pesticide shall not be used if the Secretary of the Interior has prohibited its use.
A pesticide shall be used only in accordance with its registered uses and within Pesticides other limitations if the Secretary has imposed limitations.
shall not be pemanently stored on public lands authorized for use under this lease.
Regulations pertaining to the Recreation and Public Purposes Act
[ 3.
prohibit use of public lands for disposal of permanent or long ; term hazardous waste.
Accordingly, the leased lands shall be used ana T
buf fer area only.
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T Sec. 5. Equi opportwriy Clase. During the perforo.
(f Sept aber 24, 1%5, u cmend d. cad such other anca of this cintr:ct, the leisee (grm as fillowt c anction3 may be imposed and remedies invoked as (a) The lessee will not discriminate against any provided in Executive Order No. !!246 of Sept. 24, 1965, employee or applicant for employment because of race, as amended, or by rule, regulation, or order of the Sec.
color, religion, sex, or national origin. The lessee will retary of Labor, or as otherwise provided by law.
take affirmative action to ensure that applicants are (g) The lessee will include the provisions of Para
- employed, and that employees are treated during employ.
graphs (a) through (g) in every subcontract or purchase inent, without regard to their race, color, religion, sex, order unless exempted by rules, regulations, or orders or national origin. Such action shall include, but not of the Secretary of Labor issued pursuant to Section 204 be limited to the following employment, upgrading, of Executive Order No, !!246 of September 24,1%5, as demotion, or transfer; recruitinent or recruitment ad.
amended, so that such provisions will be binding upon vertising, layoff or termination; rates of pay or other each subcontractor or vendor. The lessee wi!I take such forms of compensation; and selection for training, in-action with respect to any subcontract or purchase order ciuding apprenticeship.
The lessee agrees to post as the contracting agency may direct as a means of in conspicuous places, available to employees and enforcing such provisions including sanctions for non-upplicants for employment, notices to be provided by compliance: Proidded. hweser, That in the event the the contracting officer setting forth the provisions of lessee becomes involved in, or 'is threatened with, this nondiscrimination clause, litigation with a subcontractor or vendor as a result of (b) The lessee will, in all solicitations or adver.
such direction by the contracting agency, the lessee may tisements for employees placed by or on behalf of the request the United States to enter into such litigation to lessee, state that all qualified applicants will receive protect the interests of the United States.
consideration for employment without regard to race, color, religion, ses, or national origin.
Sec. 6. The lessee may surrender this lease or any (c) The lessee will send to each labor union or part thereof by filing a written relinquishment in the representative of workers with which he has a co!!ective appropriate BLM office. The relinquishment shall be bargaining agreement or other contract or understanding, subject to the payment of all accrued rentals and to the a notice, to be provided by the agency contracting continued obligation of the lessee to place the lands in officer, advising the labor union or workers' represent.
condition for relinquishment in accordance with the ative of the lessee's commitments under Section 202 applicable lease terms in subsections 4(f) and 4(g) and of Executive Order !!246 of September 24,1%5, as the appropriate regulations.
amended, and shall post copies of the notice in con-spicuous places available to employees and applicants Sec. 7. The lessee further agrees to ccmply with and for employment.
be bound by those additional terms and conditions (d) The lessee will comply with a!! provisions of identified as Executive Order No. !!246 of September 24, 1965, Appendl A A aftd AddCndur's wh{Ch as amended, and of the rules, regulations, and relevant are attached hCreto orders of the Secretary of Labor.
(e) The lessee will furnish all information and re-ports required by Esecutive Order No.
11246 of September 24,1%5, as amended, and by the rules, regu-lations, and orders of the Secretary of Labor, or pursuant and which are made a part hereof.
thereto,and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Sec. 8. No Member of, or Delegate to, the Congress, or Labor for purposes of investigation to ascertain com-Resident Commissioner, after his election or appoint.
pliance with such rules, regulations, and orders.
ment, and either before or after he has qualified, and (f) in the event of the lessee's noncompliance with during his continuance in office, and no officer, agent, or employee of the Department of the Interior, except as the nondiscrimination clauses of this contract or with otherwise provided in 43 CFR, Part 7, shall be admitted any of such rules, regulations, or orders, this permit to any share or part of this lease, or derive any benefit may be cancelled, terminated or suspended in whole that may arise therefrom, and the provisions of Title 18 or in part and the lessee may be declared inehgible U.S.C. Sections 431-433, relating to contracts, enter for further Covernment contracts in accordance with into and form a part of this lease, so far as the same procedures authorized in Esecutive Order No. 11246 may be applicable.
FOR EXECUTION DY LEsssE FOR EXECUTION Dy THE UNITFD STATES
!N WITNE$s WHEREOF:
THE UNtTED ST ATES OF AMERICA e
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