ML20149H290
| ML20149H290 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1997 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Lopez R PEOPLE AGAINST RADIOACTIVE DUMPING |
| References | |
| REF-WM-3 NUDOCS 9707240309 | |
| Download: ML20149H290 (40) | |
Text
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t-UNITED STATES M
NUCLEAR REGULATORY COMMISSION WASHINGTON, O.C. 2066f-0001 w'
k,f July 1, 1997 3 5sgp Ms. Ruth Lopez, Director
. People Against Radioactive Dumping 420 "E" Street Needles -CA 92363
Dear Ms. Lopez:
I am responding to your letter of May 30, 1997, to the Chairman of the-U.S. Nuclear Regulatory Commission, concerning your views on classification of low-level radioactive wastes (LLW) and on the San Bernardino County Board of Supervisors' (the Board) proposal for amending the Low-Level Radioactive Waste Policy Amendments Act v? 1985 (LLRWPAA).
You also wrote an identical letter to James Kennedy of.our staff on the same date.
In your letters, you asked NRC-to review your proposed revisions to the classification of radioactive materials. With your letters, you also enclosed your May 20. 1997. letter to the Board in which you identified specific concerns regarding the Board's proposal for amending the LLRWPAA.
Although we have significant misgivings regarding the likely outcome of your suggestions, we share your view about the
- need for safe disposal of radioactive waste.
In a May 21, 1997, letter to Chairman Jack' son. Ms. Marjorie Mikels of Upland, California, identified concerns nearly identical to yours.
In fact, her letter enclosed your proposal for reclassifying waste in California.
NRC responded to Ns. Mikels on June 18, 1997, a copy of which is enclosed.
With respect to your views on NRC's LLW ciassification system. NRC addressed
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LLW classification when it issued standards for disposal in 10 CFR Part 61.
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These regulations address acceptable levels of risk to the general population from LLW disposal.
In developing Part 61. NRC sought Jublic comment on the proposed rule. and provided extensive information on t7e assumations, analyses, and proposed content of the regulation for review.
4RC received and considered extensive public input.
Four regional workshops were held, and 107 persons commented on the draft rule.
The LLRWPAA also defines LLW by J
referring to NRC's classification requirements. Thus contrary to your assertions, the Part 61 rulemaking process was open and well documented, and not " deceitful."
would not be Wehavenoreasontobelievethat!ublichealthandsafetkievethatany I
protected adequately at the Ward V 11ey site.
We also be problems that remain to enable California to effectuate development of an LLW disposal facility are not the result of any 3roblem inherent in the LLRWPAA.
t or the NRC waste classification system the L RWPAA has adopted.
In addition.
given the magnitude of the consequences that could result from the changes you i
have suggested, it would seem im)ortant to provide some justification in terms y)Qi of estimated health benefits to )e gained and at what cost.
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1R. Lopez-ThiCommission appreciates your interest in the development of new LLW ~.
' disposal capacity in the United States.
I-trust that this reply clarifies our
- position.
Sincerely.
(Original signed by)
L Carl J. Paperiello. Director-Office of Nuclear Material Safety and Safeguards
Enclosure:
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R, Lopez The' Commission appreciates your interest in the development of new LLW disposal capacity in the United States.
I trust that this reply clarifies our position.
Sincerely,
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Carl J. Paperiello Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated i
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NUCLEAR REGULATORY COMMISSION f
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- June 18,'1997
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4 Ms. Marjorie M. Mikels-1
. Attorney at Law-201 N. First Avenue Upland; CA 91786-6061
Dear Ms. MH els:
I am responding-to your letter of May 21. 1997. to the Chairman of the
.U.S. Nuclear Regulatory Commission. concerring your views on a San Bernardino County Board of Supervisors' (the Board) proposal for amending the Low-Level
' Radioactive Waste. Policy Amendments Act of 1985 (LLRWPAA).
In your letter, you state that the Board's proposal, while it has given attention to what you believe to be a " deceitful classification system" for " low-level" radioactive waste (LLRW) and the " primitive disposal method now permitted by federal law."
you also believe that it does not go far er.ough.
With your letter to the Chairman, you enclosed a May 20. 1997, letter that you sent to the Board.
In the letter to the Board, you identified specific concerns regarding the Board's proposal. and stated that you believe that the LLRW law should not be simply amended, as the Board has proposed, but repealed, and a Blue Ribbon Commission established to examine nuclear waste disposal issues and to develop i
new solutions.
Although we have significant misgivings regarding the likely outcome ~of your suggestions, we share your view about the need for safe disposal of radioactive waste.
NRC commented on San Bernardino County Supervisor Jon Mikel's proposal for amending the LLRWPAA (which was adopted by the Board on February 4.1997) in a March 27. 1997. letter to U.S. Congressma: Jerry Lewis.
We noted a number of 4
significant. specific problems inherent _ in the proposal that could adversely affect protection of public health and safety.
These include the pro)osal's failure to address the orphan wastes that it would create, the fact tlat it is neither scientific nor risk-based, and its lack of a justification in terms of health benefits to be gained versus costs.
A copy of our letter to Congressman Lewis.is enclosed.
Although your letter notes. as our letter to Congressman Lewis did, that the Board's classification scheme is deficient, your letter also raises many issues that remain unanswered such as the effect repeal of the LLRWPAA would have on existing LLRW compacts.
As we noted in our letter to Congressman Lewis.'any. problems that remain to enable California to effectuate development of a LLRW disposal facility are not the result of any problem inherent in the LLRWPAA.
In addition, as with the Board's proposal, given the magnitude of the. consequences that could result from the repeal of the LLRWPAA. it would seem important to provide some justification in terms of estimated health
. benefits to be gained and at what cost.
ENCLOSURE pycrT1
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A M, Mikels June 18, 1997 With respect to your views on NRC's LLW classification system and shallow land disposal. NRC addressed both of these areas wnen it issued standards for disposal in 10 CFR Part 61.
These regulations address acceptable levels of risk to the general population from LLW disposal.
In developing Part 61. NRC sought public comment on the proposed rule. and provided extensive information on the assumptions. analyses, and propo.;ed content of the regulation for review.
NRC received and considered utensive public input.
Four regional workshops were held. and 107 persons commented on the draft rule.
- Thus, contrary to your assertions, the Part 61 rulemaking process was open and well-documented, and not " deceitful." NRC believes that shallow land disposal of LLW can be conducted in a manner that adequately protects the public health and safety.
For the reasons identified in our letter to Congressman Lewis, we have no reason to believe that public health and safety would not be protected adequately at the Ward Valley site.
-The Commission appreciates your interest in the development of new LLW disposal capacity in the United States.
I trust that this reply ciarifies our position.
Sincerely.
,#4 Ky&
Carl J. Paperiello. Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated
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s UNITED STATES
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March 27, 1997
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CHAIRMAN The Honorable Jerry Lewis United States House of Representatives Washington, D.C.
20515
Dear Congressman Lewis:
Thank you for giving the Nuclear Regulatory Commission th Our comments Act (LLRWPA)_of San Bernardino County Supe visor. Jon Mikels.
relate to the version of the recommendatirns (referred to below as "the proposal') faxed _to the NRC by Jeff Shockey on February 4, 1997.
The proposal appears to be based on some misunderstandings of both the law and In the facts related to low-level radioactive waste (LLW) and its disposal.
addition to requiring changes in tne LLRWPA, the proposal would require State extensive changes to NRC and State regulations and to LLW compacts.
representatives have advised us that extensive changes to the legislativs or regulatory framework regarding LLW disposal would cause delays in their efforts to develop new disposal facilities.
A brief review of the history of the LLRWPA should help to put the proposal in i
Originally enacted in 1980, the Act was the result of nationwide perspective.
The Natio1.1 Covernors' Association, which had concern about disposal of LLW.
studied the issue, had concluded that e nh state should accept primary The responsibility for safe disposal of LLW generated within its borders.
Association also recommended that the best day to achieve the goals of the Act
- tas for States to pursue a regional approach to the disposal problem.
However, in a few years, Congress adopted the Association's recommendations.it became clear The Act was amended in 1985 by the Low-level Radioactive Waste problem.
Policy Amendments Act, which replaced virtually the entire substance of the LLRWpA with~more detailed provisions.
The amended Act left the States free to determine what type of Asposal facilities to build.
There continues to be widespread support for the Act.
While the NRC and the Department of Energy were given some roles to play, the central responsibility for implementation of the LLRWPA's goals was given to Significant incentiv9s were provided for States to carry out this the States.
Among other things, compacts responsibility through regional LLW compacts.
formed pursuant to'the Act are permitted to exclude LLW from non-party States.
The. terms of the compacts are arrived at through negotiation between the party States, and the compacts must.be approved by the respective legislatures of After State enactment, the compacts are ratified by the
, the party States.
f Congress.
This ee % process easily can take several years.
For this Enclosure NMO
g.,
. s reason. efforts to make substantive cnanges in the compacts, to co the proposal's recommended legal and policy changes, could take ye complete.
e ive changes recommended by the proposal, at their heart there appears to be a lack of understanding of the con Turning to the substa This approach is relevant to risk.
which it defines in terms of " half lives.
d neither scientific nor risk-based, and it does not comport with accepte
' decay life, Risk is a function of radiation dose, and the determination of risk depends on a variety of fa international views.
ll be present, the 1.kelihood that barriers containing th (The half-life of a particular if the radiation is not fully contained.
In fact, the radionuclide also may be a factor, but it is not controlling.)N ne proposal (vis type of management suggested for the v "
for the workers involved.
inspection and repackaging) could be risk; in redefining LLL. it There is another significant problem with the proposal,of more than 100 makes no provision for radionuclides with a " decay life'The proposal does years, thus creating orphan wastes.
category of waste would be managed or who would be r l
require extensive shanges to NRC and Agreement State management.
o to destabilize States' ef forts to develop new disposal f acilities, and guidance.
it appears from the statements of backgro"nd information and polic suoqested amendments that the primary purpose of the prop In that is to provent the develep ent of a LLW dt.posal ite at Ward '.' alley.
accompanving tha State connection, it is important to point out that California is an Agreement (that is, it has entered into an agreement with the NRC pursuant 274 of the Atomic Energy Act) and is responsible for licens;ag Ward Valley LLW disposal facility.
are compatible with NRC's regulations for land While we have not made detailed findings on all the technical issues, we have no reason to believe that public health and safety Program.
be protected adequately by disposal of LLW at the Ward Valley site.
the Southwestern Compact --
California is also a member of a LLW compact This and California has been designated as the host State of the compact.
for means that the State has undertaken to provide LLW disposal f ac itself and other compact members.
shallow land disposal at the Ward Valley site, th What problems may remain to enable government and considerable litigation. California to effectuate inherent in the LLRWPA.
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~10 C.F.R. Part 61 is consistent with generally accepted international criter building :ngineered facilities, but this does not mean t The determination disposal of LLW is prohibited by international standards.of w such as Ward Valley are vastly environmental and other factors.
Area different.from those surrounding many engineered facilities developed in ot j
In particular, there are significant environmental differences in terms of amount of rainfall and humidity, depth of water table, density-of countries.
. population, and agricultural usage in the surroundings.
Under the Atomic Energy Act, the NRC is the licensing body in States that ha The NRC also conducts periodic formal
.not chosen to become Agreement States. reviews of Agreement State p The Atomic Energy Act recognizes the need for public health and safety.
compatibility between NRC and Agreemer' c* ate regulations, and the NRC has San establiihed a policy to define the necessary degree of compatibility.
Bernardinn County Supervisor, Jon Mike s' prcposal however, would allow lo governments to regulate the packaging, treatment, and storage of LLW and set limits for the amount of waste that would be pernitted in with a view toward avoiding duplication and conflicts in the regulation of LLW storage facility."
l disposal.
finally, we would like to point out that the proposal lacks.any supporting estimates of health Denefits or cost increases that wou Given the magnitude of the policy changes proposed, it would seem important to provide some justification in terms of estimated health benefi disposal.
to be gained and at what cost.
Again, thank you f or '.he opportunity 1o review this proposal.
Sincerely, Shirley Ann Jackson I
. ~.
R; Lopez,
The Conrnission appreciates your i'nterest in thel development of new LLW-I disposal capacity in the United States.
I trust that this reply clari es our
- position, i
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Sincerely, j:
i Carl J. Pa)eriello,
'ector
-Office of iuclear M erial Safety
_ i and Safeguards.
4
Enclosure:
As stated.
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I trust that this rep
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Sincerely, 1;
Carl J. Pa)erf ello. Director-i Office 'of 9ptlear Material Safety and Safe, guards Encic5ure.
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ROUTING AND TRANSMITTAL SLIP sk.
DATE: June 25. 1997 SIGN AND/0R' DATE June 25, 1997 CONCUR
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t TICKET NUMBER: EDO 97456
.DUETODIVISION:' June?2G19973 DUE TO NMSS:* June 730 F1997 M DUE TO EDO:
N/A LETTER.T0:
Ruth Lopez, People Against Radioactive Dumping FROM:
Carl Paperiello Director, NMSS l
NRC LLW Classification
SUBJECT:
ORIGINATOR: J. Kennedy ROOM N0./ BLDG:T7F40 SECRETARY: Cecilia Villarreal PHONE NO.:
415-6668 OGC Was'not asked to concur because our response is'nearly identical to our June l 418,J1997, response:to Marjorie Mikels.
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Counc,lperson? Shodung to the Councifwoman lope 2 and the citi,zeris of l.
j Needles, the lawsuit was filed by Best, Best and Krbger, the City Momeys F i
of Needles who were hired by the City Council to protect and defend the
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Councilperson's right to speak on behalf of the citizens, whom they represent...not sue them. (PARD's Mary Corcoran, a Councitwoman in Lake i
a Havasu Oty was having a similar experience. She could not afford an attorney, her business was destroyed and she had to find employment elsewhere.) The litigation filed was simply intimidation tactics designpd to
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remove Coundiman Lopez as a political participant. It was oppressive and j
intimidating. The cases against Ruth were based entirely on an illegal use
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j of the Sheriff's dept. via a false pcJice report filed against Ruth by the Oty j
Manager Leon Berger. He was allowing out of state, Arizona waste haulers (without manifests) to cross the rWer and dump unknown liquid waste indirectly into the Colorado River via unlawful permission to use the g
i manholes outside of the sewer plant. During the summer of 1994, Lake Havasu became so polluted the beaches were dosed down; an epidemic of j
encephalitis broke out in Needles. People were hospitalized after mosquito 1
bites. At least one family moved to another part of town due to the stench.
Phil Smith, living near the sewer plant believes that his daughter is sick due to the fumes at the plant. It appeared that only the rnost expensive i
j attorneys were willing to take on Ruth's case against BBK, the largest j
lawfirm in the Inland Empire. Two intimidating cases were filed against Gary Klado, Vice President of PARD. Then something wonderful happened... Ruth Lopets sister, Marjorie Mikels, an attomey, agreed to file a federal civil rights case against the Gry for violation of free speech rights resulting from the lawsuits filed against PARD members. She realized PARD people had been sued because they were too effective in the fight against the Ward l
Valley dump. Dunng the course of the litigation, PARD was tied up the j
dump proponents were getting ever doser to getting the Ward Vaffey land transferred for use as a dump, in 1995, out of desperation,in the midst of the sometimes debilitating legal proceedings, Ruth wrote the " Initiative to Require the Responsible Disposal of Nuclear Waste in San Bemardino County". Marjorie agreed to cosponsnr PARD's Political Action Committee (PAC) named " Americans Battling Senseless Unlined Radioactive Dumps" or " ABSURD". The Jays, lim Wright, l
Frieda Pee and others of LHC pitched in and with the help of many l
individuats and organizatinns were able to obtain 20,000 signatures of l
registered SBCo voters and even successfully defended this initiative twice I'0P' h ainst Radioactive Dumps (PARD) was the insp' ration I J l
against the San Bernardino County Counset Because 35,000 signatures of Charles Butler and formed in 1987 out of the desperate i
are needed the initiative needs to be recirculated now in an updated form.
desire of hard working homeowners / citizens, from Needles, CA i
This initiative will stop the dump by requiring SBCo. to store radioactive /
and Mohave Valley, AZ (just across the Colorado FGver from l
nudear waste in retrievable, double waited storage vaults built with steel-Needles), to stop an unlined, dirt trench, international l
reinforced concrete,10 miles from a significant water source. The measure na: lear dump which was to be located in Ward Valley over a would require that waste be separated by half-life, so that the most lethal pnstine water aquifer the size of Lake Tahoe. The aquifer is and long lived waste is separated frctn that which has a short half life.
connected with the Needles wells, 2 miles away, the source of l
Also dunng this time bAnne Stone, Ruth and Bobby Lopez, Dusty Carter the town's water supply. The proposed dump itself is only 13 i
and Steven VanBloern managed to start an Mopt a-Hwy. litter collection a;r miles from Needles and the Colorado River and 1000 feet l
program in Ward Valley. Ruth wrote radioative waste dassification higher in elevation. In the early years, PARD exposed the legislation that was introduced in Califomia by Senator Tom Hayden with project proponent's faulty technical data and deplorable track 3
j similar legislation heing introudced in Arizona by Don Aldrich, Sue lynch record for abandoning leaking dumps and the liability for and im Hart. ENQjigoud to have suppptled LINDA STAR's elgtiqrLtg clean up and health prob' ems. The citizens were j
nthellfitedles. She cooosed supeorton SB 387.the 199]"fR_101" Jill, understandably, concemed with the health and safety risks of j
unio.mr Lt1U$Ecoincy and CAL RAD forum. desioned to makeJegdtg living near, and potentially drinking, contaminated water from Witr ! Vali y_NElga_r_kmg.
Nudear/
i the bOSt (Qmmunity" to USEcoloev's uccomLdumA. PARD, continues a leaking
_j t
I to help expose the f act to the world that the Ward Valley "llRW radioactive waste to be disposed of in the sand trenches are f acility* is nothing more than a hole-in the-ground to dump the rnost toxic and radioactive substances imown to man l
plutonium and nudcar reactors.
including plutonium and dismantled nudear reactors.
i f OR MORE INFORMATION ABOUT WARDVALLEY or PARDe i
i Peogde Ag.ntwt Radio.nleve Durngung PARDNERS l
Rut h 1 opes. Dis ce tog l
414 "I " Street l
f Neve %,(A 91363 phone 909/116-4318 fan
mipe f@n the Stab that an Mjudcatory Hearing would be conducted. He also successfully bbbied the Legislature to complete an investigation into the t
State liabsty of the hrd Valley Dy_mp and the monitoring techniques (or iack of) planned for the vadose zone surround the durnp. Charies attended As a result of a law passed by the United States Congress in 1980, and ElR/S and Legislative Comrnittee hearings, Southwestern Compact and cal!ed the Low Level Radioactive Waste Policy Act, Pub!!c Law Caffbd forum rneetings, and ran for Needles 0ty Council and won. He was 90573, the states became responsible for the primary, regulation of ins +rumental in helping Needles obtain a hydrology report concerning the
' Low Level
- radioactive material within its jurisdiction and dere water in Ward Valley. In 1991, the Ward Valley LLRW Faolity ElR/S had encouraged to develop "Cornpact States" each with their own dumps.
been preparad, but by tins tirne PARD had successfully flagged many Californa joined a compact with hizona, North Dalota and South Dakota. A scheme was devised which would albw the Govemor of organizations to get inded. Lawsuits were filed against the EIS/R by the Oty of Needles, the ft. Mojave Indans and other environmental groups.
Calibmia to direct his administration to make their own dirt trench Ruth Lopez launched a protest against the bussing of Needies school dump near the Colorado River, which would be for the specific purpose children to the Beatty, Nevada nudear dump so that they "could see how of dsposing of dismantled nudear reactors such as San Onofre, DiatAo safe it is". She asked why is it in such a remote spot if it is so safe for our Canyon, Rancho Seco, Palo Verde, etc. Five huge trenches the size of children? PARD was able to get, Ruth Lopez, elected to the Needles Oty foot ban fields would be developed on 1000 acres of critical desert Council in March of 1993 and together Charles and Ruth successfully 6 h4 ydsy, overlying one of theJar0M pristine obtained ipprovals 35d funding for the Oty of Needles to put in a wellin at-tortoise W water aquifers in the state, estimated to be the size of Lake Tahoe. The Ward Valley demonstrating the economic importance of the pristine water people were told it would be for " hospital waste". This dump was there. Political pressure was rnounting by the proponents of the dump.
targeted to be the first built in the nation (CalifomLs first) and was Soma of the Needles Councilpeople and the Mayor were convinced that meant to become a national dumping ground for reactors (plutonium).
they should drop the lawsuit against the dump and go for " impact fees" which PARD exposed as
- bribe money". Charles and Ruth were the only m*
Needles Councilmembers who opposed accepting the offer of " impact fees *.
INTIMIDATION TETICS AGAINST PARD y The oppostion to the Ward Valley nudear dump was initiated on March PARD's mailbox was blown up, hit and destroyed many tkes throughout 18,1987 when Ruth Lopez, President of PARD, sent the very first letter 1991 through 1934. Shortly after Ruth was elected, two frivilous in opposition to the dump to the Needles Desert Star. She secretly investigations and recalls were launched against Charies Butler and Ruth helped Helen Kauke of Needles to start CARD (Citizens Against Lopez by the Gty and those who wanted thc fees. On October 6,1993, a Radioactie Dumpirrg), the very first opposition group to the Ward false police report was filal against Ruth Lopez' daiming Ruth announced Valley nudear dump proposal Ruth had intended to go back to work at the October 4th Council Meeting that hazardous waste was in the for the Bureau of Land Management (BLM) so remained anonymously Needles sewer plant (ktually, Ruth had simply speculated that the reason tied tothe group. As the health risks of the dump scheme were further for the horrific stench at the sewer plant ns "oossilAv. oossibiv" that egosed, her opposition to the dump became more pronounced; it hazardous was'e could have gotten into the plant causing a bacterial kin became apparent that she would not be returning to the BLM. CARD whkh results in stench). The Gty of Needles launched 3 lawsuits against joined forces with Charies and Yvonne Butler's PARD induding Gadys Ruth to have her removed from pubt!c office for " contempt" (a civil case)
Ryther and bhn Ware of Needles, bAnne Stone, Dr. and Mrs.
and "rnisconduct" (a criminal case) for not telling them "who told her that Vanderhoof (BilC), Lou & Audrey by (LHC) of Adzona, and numerous hLardous waste was in the sewer plant" and (a civ0 case) frivilous others of Needles, CA who wished to remain anonymous. Opponents defense" They wanted her to pay $75,000 for the investigation into the wised to protect their identities and remain anonymous in order to sewer plant, She repeatedly told them that no one told her that hazardous maintain their jobs or the potential for employment. Business people waste was in the sewer plant it was simply conjecture. But the Gty made it and crganizational leaders were being offered " gifts" and encouraged appear that she was a threat to the health and safety of the citizens for to promote the dump and dissuade opponents; people in Needles refusing to say who she talked to. This litigation was used as justification feared that they would be " fired
- or retaliated against if they opposed for the recan against her. On October 25,1993 Chades was battered in the dump. PARD members rallied around Charles Butler: Chades the Needles Oty Council Chambers by a former Councilmember and becarne the spokesperson and President of the organization. Between proponent of Ward Va!!ey. The assailant was never prosecuted nor was an 1987 and 1991, inquiries, investigations and news releases were investigation conducted by the City. Charies. was orofoundiv sadder #,Aby initiated by PARD. Environmental organizations such as Redwood thtjiijgai albtDyMMed39ai st Ruth. Heartbroken. he suffered frorn Q
D Miance, Don't Waste Califomia and Green Peace were persuaded to the batteririg by Christensen. and then a ructured pancreas cancer. he help with the opposition. PNO filed suit against the licensing of the.
passed away three months later on February 12.19% Soon after his dump. PMO woiked with Llewelyn Banackman of the Fort Mojave death, the Oty dropped their Califomia Environmen*al Qua,ity At (CEQA)
Indian Tdbe to increase awareness, and influence the surrounding lawsuit against the nudear dump project in exdiange for the promise that Gties and Counties to pass Resolutions agains; the dump. In the the nudear industry would lobby the Cali!omia legislature to pass a bill mcuntains separating Needles and Ward Valley, PARD's Gary Klado allowing the Oty and the Needles School District to receive impact or phatographed springs and waterfalls pouring out from the Ward Valley disposal fees ($12.50 per cubic foot of radioactive waste).
aquifer. Donna House, Sue Devfin and others of PARD devekped educational programs and gave talks in Needles, Bullhead Oty and Because of this and Chartes death, PARD was at a low point, Ruth was beyond.- With Gadys Rhyther, Butlers, Vanderfloofs,Thomases, forced to put the Ward Va5ey issue on the backburner and concentrate on Pamels, Zetkles, Davids and other members, PARD obtained 5000 the lawsuits against her. The 3 lawsuits filed against Ruth, left her and her s'gnatures of people just in the Needles area, petitioning Congress to sman family in a finandal hardship with no compensation from the Gty even REPEAL the LLRW LAW. In the early 90's, Charles Butler was able to though Counalpeople are supposed to be " immune" from litigation. Have work on the State level with Gray Davis, Leo McCarthy, Byron Sher, Tem you ever heard of a Oty Attomey sueing their own dient, a Oty Hayden, David Roberti and others. He was able to obtain a promise
.semssd mRD oenichier firied "mor hsonened to Rur8 tone 7" _
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Coundperson? Shochng to the Counciboman Lopez and tEcitizens d
. ~ ~ - ~ ~ - ~ ^, - ~ ~ ~ ~ ' - - - - - - ~ - ' - - - -
1 Needles, the lawsuit was filed by Best, Best and Krieger, the Oty Attorneys
- j,pl Neodles who were hired by the City Counal to protect and defend the i
Councilperson's right to speak on behMI of the citizens whom they
{
represent...not sue them. (PARD's Mary Corcoran, a Councilworran in Lake
~ Havasu Oty was having a similar expenence. She could not afford an i
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aitomey, her business was destroyed and she had to find ernployment elsewhere.) The Utigation filed was simply intimidation tactics designed to 8
removefouncilman Lopez as a po5tical partidpant. It was oppressive and intimidating. The cases against Ruth were based entirely on an lifegal use of the Shenff's dept. via a false poGce report filed against Ruth by the Oty Manager Leon Berger...He was aflowing out of state Arizona waste haulers (without rnarifests) to cross the river and dump unl<nown liquid waste j
indirectly into the Colorado Ryer via unla*ful permission to use the manholes outside of the sewer plant. During the summer of 1994, take Havasu became so polluted the beaches were dosed down; an epidemic of encephalitis broke out in Needles. People were hospitalized after mosquito
]
bites. At least one family moved to another part of town due to the stench.
]
Phil Smith, Eving near the sewer plant believes that his daughter is sick due to the fumes at the plant it appeared that only the most expensive j
attomeys were wining to take on Ruth's case against BBK, the largest lawfism in the Inland Empire. Two intimidating cases were filed against Gary i
10 ado, Vice President of PARD. Then something wonderful happened... Ruth j
l Lopez's sister, Marjorie Mil <els, an attomey, agreed to file a federal civil i
rights case against the Oty for violation of free speech rights resulting from the lawsuits likd against PARD mernbers. She realized PARD people had been sued because they were too effective in the fight against the Ward Vdey dump, Ouring the course of the litiga'. ion, PARD was tied up the J
dump proponents were getting ever doser to getting the Ward Valley fand i
transferred for use as a dump.
l in 1995, out of desperation, in the midst of the sometimes debilitating legal l
proceedings, Ruth wrote the " Initiative to Pequire tha Responsible Disposal i
of Nudcar Waste in San Bernardino County". Marjorie agreed ta cosponsor PARD's Political Action Committee (PAC) named
- Americans Battling j
Senseless Unfined Radioactive Dumps" or ABSURD" The Jays, Jim Wright, Frieda Pike and others of 11tC pitched in and with the help of many j
individuals and organizations were able to obtain 20,000 signatures of registered SBCo voters and even successfuny c;efended this initiative twice People Against Radioactive Dumps (PARD) was the inspiration against the San Bernardino County Counset Because 35,000 signatures f Charles Butler and formed in 1987 out of the desperate are needed the initiatie needs to be recirculated now in an updated form.
desire of hard working homeowners / citizens, from Needles, CA This initiative will stop the dump by requiring SBCo. to store radioactive /
and Mohave Valley, AZ (just across the Colorado Ryer from i
nudear waste in retrievable, double waded storage vaults built with steel, Needles), to stop an unlined, dirt trench, international reinfurced concrete,10 miles from a significant water source. The measure nudear dump which was to be located in Ward Valley over a I
would require that waste be separated by half-life, so that the most lethat pristine water aquifer the size of Lake Tahct. The aquifer is and long lived waste is separated from that which has a short half life.
connected with the Needles wells, 2 rniles away, the source of i
j Nso during this time loAnne Stone, Ruth and Bobby Lopez, Dusty Carter the town's water supply. The proposed dump itself is only 13 and Steven VanBloem managed to start an Adopt a llwy. $tter collection air miles from Needles and the Colorado 11;ver and 1C00 feet program in Ward Valley Ruth wrote radioative waste classification higher in elevation. In the cady years, PRIO exposed the legidation that was intsodored in Cahfomia by Senator Tom Hayden with project proponent's faulty technical data ar>d deplorable track similar legislation being introudced in Arizona by Don Ndrich, Sue Lynch record for abandoning leaking dumps and the Gability for and Am Hart. PARD is oroud to have supoorted LINDA STAR's ehtig!Lig clean up and health problems. The citizens were l
cfktin Needles. She ocoesed succortino SD.J87.the 1997 *BR'BE" Bill, understandably, concemed with the health and safety risks of l
seg! pored by USEcoknv and CR RAD forunt desiered to "nale Nedk:
living near, and potentially drinking, contaminated water from Ward.Xa!! y Hudear Dxnm.
Nudear/
j ths.* hest community"tGEa39sy' apposed dumo. PARD, continues a leaking f
l to help expose the fact to the world that the Ward Valley 'LLRW radioactive waste to be disposed of in the sand trenches are 1
Facility
- Is nothing more than a hole in the-ground to dump the most toxic and radioactive substances known to man plutonium and nuclear reactors.
induding plutoniurn and dismantled nudear reactors.
i L
l f M MORE IPIFORH ATioN AECUT WARD VALLEY or PARDs l
People Ag.euwt Radio,scleve Durnperig PARDNERS a
l' Ruth Lopes, Div e< tor 424
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from the State that an Mjudicatory Hearing would be conducted. He a!so successfuDy lobbied the Legislature to complete an investigatbn into the Stat: liability of the Led ygsy [htmp and the monitoring techn! ques (or As a result of a law passed by the United States Congress in 1980, and lack of) planned for the vadose zone surround the dump. Charies attended s-
' ca!!ed the Low Level Radioactive Waste Policy Act, Public Law ElR/S and legislative Committee hearings, Southwestern Compact and 96-573, the states became responsible for the primary regulation of Ca! Rad Forum meetings, and ran for Needles City CouncH and won. He was instrurnental in helping Needles obtain a hydrology report concerning the
" Low Level" radioactive material within its jurisdiction and were encouraged to develop " Compact States" each with their own dumps.
water in Ward Valley. in 199f, the Ward Valley LLRW Facility ElR/S had California joined a compact with hizona, North Dakota and South been prepared, but by this time PMD nad successfuny flagged many Daleta. A scheme was devised wNch would a!!ow the Governor of organizations to get involved. Lawsuits were filed against the EIS/R by the California to direct his administration to rnake their own dirt trench Oty of Needles, the Ft. Mojave Indians and other environnental groups.
dump near the Colorado fWer, which would be for the specific purpose Ruth Lopez launched a protest against the bussing o' deedles school of disposing of dismantled nudear reactors such as San Onofre, Diablo children to the Beatty, Nevada nudear dump so that they "could see how Canyon, Rancho Seco, Palo Verde, etc. Five huge trenches the size of safe it is". She asked why is it in such a remote spot if it is so safe for our foot ball fields would be developed or.10C0 acres of critical desert children? PARD was able to get, Ruth Lopez, elected to the Needles Oty tortoise * - 94My, overiying one of.theJargestpistine Council in March of 1993 and together Charles and Ruth successfully uter equifers in the state, estimated to be the size of Lake Tahoe. The obtained ipprovals and funding for the Otf of Needies to put in a well in at-people were told it would be for " hospital waste". This dump was Ward Valley demonstrating the economic importance of the pristine water targeted to be the first built in the nation (Califomias first) and was there. Political pressure was mounting by t.P proponents of the dump.
meant to become a national durnping ground for reactors (plutonium).
Some of the Needles Councilpeople and the Mayor were convinced that they should drop the lawsuit against the dump and go fc,r " impact fees" Wm which PARO exposed as " bribe money". Charles and Ruth were the only Needles Councilmembers who opposed accepting the offer of " impact fees".
INTIMIDATION TACTICS AGAINST PARD 9 The opposition to the Ward Valley nudear dump was initiated on March PARD's mailbox was blown up, hit and destroyed rnany times throughout 18,1987 when Ruth Lopez, President of PARD, sent the very first letter 1991 through 1994. Shortly after Ruth was elected, two frivilous in oppostion to the dump to the Needles Desert Star. She secretly investigations and recalls were launched against Charles Butler and Ruth helped Helen Kauke of Needles to start CARD (Otizens Against Lopez by the Oty and those who wanted the fees. On October 6,1993, a Radioactie Dumping), the very first opposition group to the Ward false police report was filed against Ruth Lopez' claiming Ruth announced Valley nudear dump proposal Ruth had intended to go back to work at the October 4th Council Meeting that hazardous waste was in the for the Bureau of Land Management (BLM) so remained ano ymously Needles sewer plant (ktually, Ruth had simply speculated that the reason tied tothe group. As the health risks of the dump scheme were further for the horrific stench at the sewer plant was "oossibiv. DossiblY" that exposed, her opposition to the dump became more pronounced; it hazardous waste could have gotten into the plant causing a bacterial kill became apparent that she would not be retun,.:-g to the BLM. CARD which results in stench). The Oty of Needles launched 3 lawsuits against joined forces with Charies and Yvonne Butler's PARD induding Gadys Ruth to have her removed from public office for "cuntempt" (a civil case)
Ryther and John Ware of Needles, loAnne Stone, Dr. and Mrs-and " misconduct" (a criminal case) for not telling them "who told her that Vanderhoof (BilC). Lou & Audrey lay (LHC) of kizona, and numerous hazardous waste was in the sewer plant" and (a dvil case) *frivilous others of Needles, CA who wished to remain anonymous. Opponents defense". They wanted her to pay $75,000 for the investigation into the wished to protect their identities and remain anonymous in order to sewer plant. She repeatedly told thern that no one told her that hazardous mair.tain their jobs or the potential for employment. Business people waste was in the sewer plant it was simply conjecture. But the Oty made it and organizationalleaders were being offered " gifts" and encouraged appear that shg was a threat to the health and safety of the citizens for to promote the dump and dissuade opponents; people in Needles refusing to say who she talked to. This litigation was used as justification feared that they would be " fired" or retaliated against if they opposed for the recall against her. On October 25,1993, Chades was battered in the dump. PARD members rallied around 01arles Butler; Charles the Needles City Counci Chambers by a former Councitrnember and became the spokesperson and President of the organization. Between proponent of Ward Valley. The assailant was never prosecuted nor was an 1987 and 1991, inquiries, investigations and news releases were investigation conducted by the Oty. Charles. was orofoundiv saddened by initiated by PARD. Environmental organizatiuns such as Redwmd the litiaation the Otv had fWed aaainst Ruth. Heartbroken. he suffered from Miance, Don't Waste Califomia and Green Peace were persuaded to the batterina by Christensen, and then a ruotured cancreas cancer. he help with the opposition. PARD filed suit against the licensing of the -
pgsed away three months later on February 12. 1994. Soon after his dump. PARD worked with Llewelyn Barrackman of the fort Mojave death, the Oty dropped their California Environrnental Quality kt (CEQA)
Indian Tribe to increase awareness, and influence the surroundin9 lawsuit against the nudear dump project in exchange for the promise that Oties and Counties to pass Resolutions against the dump. In the the nudear industry would lobby the California Legislature to pass a bin rncontains separating Needles and Ward Vaney, PARD's Gary Klado anowing the City and the Needles School District to receive impact or photographed springs and waterfans pouring out from the Ward Vaney disposal fees ($12.50 per cubic foot of radioactive waste).
aquifer. Donna House, Sue Devlin and others of PARD developed educational programs and gave talks in Needles, Bullhead Oty and Because of this and Chades death, PARD was at a low point, Ruth was beyond. With Gadys Rhyther, Butlers, Vandertioofs,Thomases, forced to put the Ward Valley issue on the backburner and concentrate on Pamels, Zerkles, Davids and other rnembers, PARD obtained 5000 the lawsuits against her. The 3 lawsuits filed against Ruth, left her and her signatures of people just in the Needbs area, petitioning Congress to small family in a finandal hardship with no compensation from the Oty even REPfR. the LLRW (AW. In the earty 90's, Charles Butler was able to though Counci! people are supposed to be " immune" from litigation. Have work on the State level with Gray Davis, Leo McCarthy, Byron Sher, Tom you ever heard of a City Attomey sueing their own dient, a Oty Hayden. Davk! Roberti and others. He was able to obtain a promise 3,,7,,ered PARD nemohief tWd wher hecoened to Ruth tooer""
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.e EDO Principal Correspondence Control
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FROM:
DUE: 07/03/97 EDO CONTROL: G970456 DOC DT: 05/30/97 FINAL REPLY:
Ruth Lopez Paoplo Against Radioactive Dumping (PARDNERS)
TO:
Chairman Jackson FOR SIGNATURE OF :
- GRN CRC NO: 97-0629 Office Director DESC:
ROUTING:
CLASSIFICATION PLAN FOR RADIOACTIVE MATERIALS Callan Jordan NY a_b)
Thompson Norry j
Blaha Burns DATE: 06/18/97 ASSIGNED TO:
CONTACT:
NMSS_
Paperiello SPECIAL INSTRUCTIONS OR REMARKS:
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J79m Action CC,. D~Cm Due to NMSS Director's Office s By 6/Sch7 l
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- LOGGING DATE: Jun 17 97 ACTION. OFFICE:
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. PARTNERS - k(dh l o pC4 i
. AUTHOR:L
- AFFILIATION:
. CALIFORNIA 5
ADDRESSEE:
CHAIRMAN JACKSON
- LETTER ~- DATE
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. May 30'97 FILE CODE:
SUBJECT:
PARD'S RADIATION CLASSIFICATION REVISIONS i ACTION'::
Direct Reply-DISTRIBUTION:.
- CHAIRMAN.
SPECIAL HANDLING: NONE CONSTITUENT:
1 NOTES:/
OCM #9015 DATE:DUE:
Jul, 3 97
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i SIGNATURE-DATE SIGNED:
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. AFFILIATION:
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L EDO -- G970456
i Ruth Lopez Environmental Justice & Equity for All 420 "E" Sirect Needles, CA 92363 May'30,1997
[
Ms. Shirley Ann Jackson, Chairperson United States Nuclear Regulatory Agency Washington, D. C 20555-0001 Re: PARD's Radiation Classification Revisions Dear Ms. Jackson; On behalf of People Against Radioactive Dumping and the 25,000 people who have signed our petitions to repeal or revise the Low Level Radioactive Waste (LLRW) Law of 1980 as revised in 1985 and to require the Responsible Disposal of Nuclear. Waste in San Bernardino County, I am requesting the honor of your
@. - distinguished expertise and courage, to review the attached revisions definition of" low-level" (sic) radioactive materials.
Many members of our organization," PARDNERS" are residents of San Bernardino County, constitu-l tents of Mr. Mikels, who recently proposed San Bernardino County revisions to the Low Level Radioactive.
Waste (LLRW) Law. As a San Bernardino County grassroots organization, we are the only ones devoted entirely to educating the public regarding the present primitive di,sposal method of dumping nuclear waste in the ground, and the deceitful classification system of calling nuclear reactor waste including plutonium, " low l
level" Our counter 7p tiEganization PARD, which is not a non-profit, has been working diligently to bring necessary reform to the Radiation Control Law of California. Our political action committee, American 3_
Battling Senseless Unlined Radioactive Dumps (ABSURD), circulated a countywide petition to require the responsible disposal of nuclear waste in San Bernardino and sucessfully obtained 20,000 signatures despite the fact that Mr. Mikels' County attorneys sued to stop us from circulating it-he lost.
We, here in Needles are directly affected by laws pertaining to nuclear waste disposal. Due to this fact, PARD was the initial catalyst for change in the LLRW law. Mr. Mikels made promises to ABSURD that he would see that refomt was brought to County law with our concerns in mind. Unfortunately, despite all of the facts above, our organization has_not been consulted regarding the County's proposed revisions. When we finally obtained a copy of the proposal, indirectly, we found that we do not and cannot suppport many of the fundamental revisions which the County proposed. Our objections are attached in correspondence to the County Board of Supervisors.
Ihe_ attached PARI)_slassification plan for radioactive materials is the culmination of yq_ars of research and has gnrIcotly_ working on a_ second tier of classi[Leation. which would segreg aksady_ hts 1LpIesented_to some ofJhe California State Legisla_tpis. who seem to be very receptive. We are allellCIDSLclanifigd_tasing thg_ system outlined and attachestberein.
l I fixl that I am qualified to give ' expert testimony before your committee, agency', etc., having been a Charter s
hgrwarm c r,,mwwwww.mamaETg[g PARDNERS NEW PilONE NO.
Ilmne Ihne- (619J 326-2519 76W32 Mill phone, fax. annammms
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I feel that I am qualified to give expert testimony belbre your committee, agency, etc., having been a Chaner member of pal (D since 1987, served as President or Vice President of People Against Radioactive Dumping since 1992, am Founder and Director of PAltDNiiltS, and en fbunded PARD's political action committee Americans llattling Senseless Unlined Radioac-tive Dumps ( AllSURD), and author of the initiative to require the responsible disposal of nuclear waste in San'llernardino County. hiy mentor is - the distinguished Alr. Charles Ilutler, former l
City of Needles Councilman, GN1 lixecutive, chemical engineer, World War 11 special agent, who's own mother worked on the hianhattan Project.
I am, also, a former employee of the llureau of Land Nianagment, a Ibrmer member of the Needles City Council and am presently a technical advisor to the Fort Alojave Indian Tribe in Needles, California. In this latter capacity I am engaged in research concerning the anthropology of,the Aha Niacav (Fort N1ojave) Tribe-the social, psychological, spiritual, economic, and physical clTects upon their cuhure (including folklore, religion, economy, etc.) resulting liom j
the United States / State of California proposal to bury nuclear reactor waste in shallow sand /
trenches located on traditional lands which this aboriginal tribe holds to be sacred.
While PARD (and our counterpart organizations, PARDNi!RS and AllSURD) either acknowl-edge or support the need for revisions in radiation laws on all levels of government-you should note that our organization's perspective is somewhat different than those whurgtmorted by contributions from the nuclear industry-our concern is with the fact that we have had to deal directly with-how a nuclear dump would alrect the health, safety, water, property values, etc. of
- residents using tributary water from Ward Valley and living in the host community for the dump.
To this extent, our California State law revisions are oriented to promote the safest, most rf l
sophisticated radioactive materials management.
At this point, it is necessary to expose some of the weaknesses of the current law as well as the County's proposed deceptive classification scheme and primitive disposal methods. For your edification, I have attached PARDNERS comments to the San flernardino County lloard of
^
Supervisors.,lynuld greatly appreciate if yra would arrange a time where i might be able to 6 meet with you or your stalT personally on the subject of radioactise materials classification.
Thank you in advance Ihr taking your valuable time to review this work, I look Ibrward to hearing your comments and suggestions.
e pulh, Lope
/t b // 0 Director People Against Radioactive Dumping PARDNERS
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- 2; Ruth Lopez May 20,1997 420 "E" Street Needles. CA 92363 San Bernardino County Board of Supenisors 385 N. Arrowhead Asc.
San Bernardino. CA Re:
. PARD's position on the County of San Bernardino's Proposed LLRW Law Revisions Dear lionorable Supenisors Kathy Dasis. Dennis llansberger. Larry Walker. Jerry Eaves and Jon Mikels; r
Redeeming qualitics of the County of San Bernardino's proposed revisions to the Low Level Radioactisc Waste Law (United States Code Title 42 Chapter 23) are outacighed by the " Exception" to the proposed rule: The resisions would not no into effect for a scar a_fLqfjts pas _ sage for any facility whicl began receivingradioactis c waste after Januarv 1.1997 butprior to the L
effective date of thqsc amendments Under the guise of "rescarch" it is entirely possibic, that radioactive waste base been s
"reccised" and stored already in the USEcology Right-of-Way in Ward Valley. issued by the Bureau of Land Management.
allowing the facility to be exempt under the County plan (See item 14). The " receiving of waste" would render the Count 3 's
- proposal entirely inclTective in prohibiting burial of nuclear reactor waste in the sand there. abose Needles and Southern California's water supply.
The County proposed to suggest federal revisions within days (Tuesday. Janaury 28) after PARD submitted proposed State Radiation law resisions to the California Legislature which included some of the same issues: 1) classi0 cation of radioactisc wastes by decay life. 2) outlawing the shallow trench burial method of disposal of waste. 3) requiring storage to deca 3 acilitics.
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- 1) We agree with the County of San Bernardmo's proposal to require waste to be identified by decay life: it is a step in the right direction-honeser,it is not sufuciently precise. The scheme simply adds a third tier to classincation. based upon an outdated and h1 adequate Euroasian model ofclassification.
In a letter to the Congressman Jerr3 Lcuis from the of0cc of the Chairman of the Nuclear Regulator Commissiond dated March 1
27.1997. Shirley Ann Jackson states that the County " proposal focuses on a system of classification based on " deca 3 lifel w hich it dennes in terms of" halflives? This approach is neither scientific nor risk-based. and it does not comport with accepted international sicus Risk is a function of radiation dose, and the determination of risk depends on a sarict3 of factnrx, induding the 13 pc of radiation, the concentration of radionuclides in the medium in w hich they are present, the likelihood that barriers containing the radionuclides will be fully clTective to contain the radionuclides. and the hkclihood of esposure if radiation is not fully contained."
Olniously. the NRC perceises the necessity of classifying waste by relatisc risk. 3ct they have failed to do so. and the County's proposal also fails to do so. The highly descloped nuclear technology which uc currently command here in the United States requires that United States Gos crnment and the State of California take the lead in developing models of safe disposal, not settle for mediocrity. PARD's proposed changes would classify. waste not onl b3 decay life. but also b3 solume of radioactisity 3
prpi nL lt would outlau dilution of wasic to asoid legal requirements for disposal. No identifiable radioactisc waste. including l
mine tailings and" unused product" would be "below regulatory concern" T pc of radiation talphibeta or gamma enutters)is 3
a ftmetion of the ty pe of" storage-to-decay" facihty whicliuoullb7c sed to store the radioactise material in. but is not a factor i
in the first tier of the classification plan. The Drst tier of the PARD classification plan is determined by institutional life and the decay life of the radioactive materials. Fise categories hase been proposed I) short lised medicalDhcr uaste. 2) recyclabic. 3) 30 car. 4) 100 3 car. 5) oser 100 car waste to be treated as"high lescl~ uaste.
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- 2) We hate repeatedly urged that the shallow trench hurial method of disposal be outlawed, such California legislation was submitted to the State Legislatisc Counsel already this 3 car by PARD. According to the NRC (Jackson 3/27/97)"uith
- respect to the appropriateness of the shallow land disposal at the Ward Valley site, this is a decision that has been arrived at by the State of Califorma aller resien at all levels of State government and considerable htigation" It is unclear what litigation Jackson is referring to, houescr. what IS clear is that the NRC admits that dispos:d methodologs is a state issue. W c.100. arc M%k w:e Mnom., x & * :, %g, my w mww i nu mm num m.ni9,i wi i.v,7an n u i x
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May 20,1997 Ruth Lopez Dear Friend.
- 420 "E' Strect Needles.CA 92%3 Reclassifying Radioactive Materials / Legislative Revisions in California Radiation Law bre you aware of California's lenient radiation laws which allow radioactive materials to be disposed down dtaillun_d.brouaht in from out of state to be incinerated here? If this surprises and alarms you, you are not alone. While researching the law to find a way to put an end to the primitive disposal method proposed for Ward Valley (catology; dig, dump and cover up), it was discovered that Califomia's radiation laws are more lenient than most odier states. I have attached the Department of Health Services regulations which proves that radiation may legally be disposed down drains. Also attached is an agreemmt approved by the Southwestem Compact Commission allowing out-of-state waste to be imported for incineration. No wonder other states are already shipping their radioactive wastes here!
I What can we do? Attached please find PARD's proposed revision of the Califomia Radiation Health and Safety law pertaining to the classification of radioactive materials. This model is a working document being circulated to b
9 tain input from you as well as a wide varie'.y of sources including the scientific community, regulators, legislators, environmental groups, U.S. sovereign nations /ti NI authorities, reijious leaders,. nuclear and waste management industry and the public at large. We hope to have enough support by the fall when PARD seeks California legislatures to introduce the bill simultaneously in the Califomia Senate and Assembly in 1998. We need your support of this verv
)
important proomal which will begin the process of much needed legislative change.
\\
We value your precious time, thus we would like to assist you by being available to answer your questions and incorporateyour suggestions. The positive interest which has been generated thus far is overwhelming. PARD recently presented the proposal to the Southem California Association of Govemments Regional Advisory Council (SCAG RAC) r. their Retreat on May 21,1997.
We will attend the SCAG Committee on Energy & Environment meeting 6/5/97,9:30, to promote our radioactive waste classification revisions. PARD obtained positive offers of assistance in reviewing and supporting the proposal from individual advisors who would like to make the Califomia Radiation Control Law one of their key issues. The proposal has also been presented to the Ward Valley Coalition at their recent encampment in April. Sufficient interest exists leading us to believe that it is possible that the Coalition may help finalize this radioactive materials classification plan and support the legislative effort.
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Fundamental to the precept of radiation law reform is the fact that it is impossible to p_roperly manage the wide ta p of radioastive materi~als unlpfs it is preciselv known what is being managed _.The present classification systen3 s l
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deceitful in that the same dangerous, lethal, isotopes are included in both "high level (sic) waste" and " low level (sic) waste" The backside of this letter consists of points central to the argument in favor of a statewide efTort to revise and strengthen our California Radiation Control laws, particularly with regard to radioactive waste classification. PARD's political action committee, ABSURD (Americans Battling Senseless Unlined Radioactive Dumps) attempted to make
{
i changes locally, by countywide initiative but were thwarted by County and State ofYicials as well as the nuclear industry who claimed that such changes needed to be made on the State level. We continue to hold that the County is.
responsible for planning and zoning of radioactive materials, however, PARD also sees a need to work on all levels of I
govemment to obtain reform of the radiation control laws. We are hopeful that the existing sympathetic state legislators, along.with a new Govemor in 1998, will make it possible to obtain these changes through the legislative p
process without having to resort to a statewide initiative.
l.
= We urge you to actively participate by scheduling an appointment to meet with us and allow us the opportunity
- to discuss the proposal with you, speak to your group, answer questions, and incorporate your suggestions on how to improve this proposal, and sign on to our letter of support for the revision. We look forward to hea ing from you.
Ruth
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. Ruth 1.opez May 20,1997 420 "E" Street
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Needles. CA 92363 i
San Bernardino Count) Board of Supenisors 385 N Arrowhead Ave.
San Bernardino. CA-i Re:
PARD's position on the County of San Bernardino's Proposed LLRW Law Revisions
Dear Honorable Supenisors Kathy Dasis. Dennis llansberger. Larry Walker. Jerry Eaves and Jon Mikets:
Redeeming qualitics of the County of San Bernardino's proposed revisions to the Lou Level Radioactisc Waste Lau (United States Code Title 42 Chapter 23) are outucighed by the " Exception" to the proposed rule: The resisions would not no into effect for a scar after its russage for anMacility whighbegan receiving r;idioact_ive waste after Januart IJ997 butprior to the g_fIggli c date of thgse_amqndments. Under the guisc of research" it is entirely possible. that radioactive waste base been 3
" received" and stored already in the USEcology Right-of-Way in Ward Valley, issued by the Bureau of Land Management.
allowing the facility to be exempt. under the County plan (Sec item 14). The " receiving of waste" would render the County's
~
proposal entirely ineffective in prohibiting burial of nuclear reactor waste in the sand there, abose Needics and Southern California's water supply.
The County proposed to suggest federal resisions within days (Tuesday. Janaury 28) afier PARD submitted proposed State Radiation law resisions to the California Legislature which included some of the same issues: 1) classification of radioactisc uastes by decay life. 2) outlawing the shallow trench burial method of disposal of waste. 3) requiring storage to decay facilitics.
- 1) We agree with the County of San Ucrnardino's proposal to reqmre waste to be identified h deca) life; it is a step in the 3
right direction-houcser,it is not sufficiently precise. The scheme simply adds a third tier to classification based upon an outdated and inadequate Euroasian nmdct of classification.
In a letter to the Congressman Jerry Lcuis from the ollice of the Chairman of the Nuclear Regulator Commissiond dated March 27.1997. Shirley Amt Jackson states that the County " proposal focuses on a system of classification tused on " decay life."
which it defines in icms of" halflives." This approach is neither scientific nor risk-based. and it does not comport with accepted international vicus. Risk is a function of radiation dose, and the determination of risk depends on a tarict) of factors, including the type of radiation, the concentration of radionuclides in the medium in which they are present, the likelihood that turricts containing the radionuclides will be fully efTective to contain the radionuclides and the hkelihood of esposure if radiation is not fully contained."
Olniously, the NRC perceises the necessity of classifying waste by relative risk. yet they have failed to do so. and the County's proposal also fails to do so. The highty descloped nuclear technology which uc currently command here in the United States requires that United States Goscrnment and the State of California take the lead in des cloping models of safe disposal. not settle for mediocrity. 13RD's proposed changes would classifs waste not only by decay life. but also by volume of radioactisily present_ lt nould outlau ddution of waste to asold legal requirements for dispos:d. No identiliable radioactive waste, including mine tailings and " unused product" would be "below regulatory concern" T pc of radiatioiiTa@ld beta or gamma enutters) is 3
a function of the type of" storage-to-decay" facility ultich would be used to store the radioactive material in, but is not a factor in the first tier of the classilication plan. The first tier of the PARD classification plan is determined by institutional life and the decay life of the radioactive materials. Fisc categories hase been proposed I) short lived medicalWFther waste. 2) recyclabic. 3) 30 car. t) Ino 3 car. 5) over 100 Scar waste to be treated as"high lesc!" waste.
3
- 2) We hase repeatedly urged that the shallow trench hurial method of disposal be outlawed, such California legislation was submitted to the State Legislatisc Counsci already this scar by PARD. According to the NRC (Jackson 3/27/97) "uith respect to the appropriateness of the shallow land disposal at the Ward Valley site. tlas is a decision that has been arrived at by the State of California after'resiew at all levels of State government and considerable litigation-it is unclear w hat litigation Jackson is referring to. houcter, what IS clear is that the NRC admits that disposal racthock> logs is a state issue. Wc. too, are W WgpWw 3gw wggmyvmmy ps;m;tlpgygm l 3
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- 4 informed and beliese that disposal methodologs is a state issue and thus proposed legislatise resisions in the Cahfornia Radiation Lau which would outlaw the shallow trench burial method of disposal. The Count 3's huge monetary resources and fundmg could has e been used to support our clTort. or to des clop a pronnised planning and
/oning ordinance which nould hase prohibited the disposal of radioactisc uaste in unlined trenches abose water suppl s They did not. Instead. the environmental communit3's attention was drawn to the County's federal 3
proposal, funds ur, siphoned away from statewide reform. while the County's " gaping hiophole" exception would allow "dumpsters" to " rape" Ward Valley for one 3 car during the period in which shallow land disposal (dump it in the sand oser our uater) would be allowed
)
Further, the County had made promises to the public, in particular. People Against Radioactisc Dumping iPARD) and Americans Battling Senseless Unlined Radioactive Dumps ( ABSURDL PARD's Political Action Conunittee.
)
that the County would desclop an unchallengable County planning and zoning ordinances with regard to the disposal of radioactne materials in the County. Funds ucre allocated for this purpose and a law firm uns contracted and ue understand approsimately $250.000 was spent. What ne got instead was the lifeless federal law resisions discussed atxn c u hich would require Congressional action. and may has e absolutel) no effect on the local. Ward Valley situation. Our initialise plan was dropped hke a hot potato, despite promiscs. and PARD has not heard one word from the County Supersisors since.
- 3) Storage-to-decay facihties: Due to the fact that the County has failed to identify minimal standards for such a facility. their so-called " storage-to-deca)" facdity could end up being nothing more than a liner os er a hole in the sand. The county proposal does not require steel-reinforced, doubled-nalled concrete saults, nor does it require any of the new methodologies for protecting the ensironment against radioactise materialsi such as titrification. Eurotek foam, or the use of neutralizing agents or techniques.
- 4) Most importantly, the County propostd does not limit the hecation of new repositories to alread) j contaminated areas. San Bernardino already has a huge radioactisc waste dump north of Ward Valley in Ivanpah Valley / Mountain Pass, how many dumps and contaminated water aquifers do we need?
- 5) The proposal does not address the critical issue of taspayer liability or how to avoid it. if a dump is sited on Mate of California land. The" fund" does not prmide health and safelv insurance to indisiduals directly effected by this proposal; and as there is no way to decontaminate water. no amount of money would be sulTicient once the dump leaks into our water suppl potentially causing cancers, genetic defects and d'ath.
3
- 6) The Federal Lou Level Radioactise Waste Law needs reform and resision. as does not California Radiation Law and our local planning and zoning laws Fundamental to the precept of radiation law reform is the fact that j
it is impossible to properly manage the wide range of radioactise materials unless it is precisely known what is being managed The present classification system is deceitful in that the same dangerous. lethat isotopes are included in both "high lesel (sic) waste" and " low lesel (sic) naste" Not only does the classificaiton need to be changed. but the name of the waste needs to accurately rcilect its true nature. Attached is the "first tier" of PARD's proposed claulfication system, along with guidmg precepts central to the argument in fasor of a statewide effort to resisc and strengthen our Cahfornia Radiation Control laus.
- 7) To efTectuate change. to harness the most clTectise technological methods to protect our emironment and oursches from harmful radiation. the public must be prosided with model laus descloped by the most qualified Scientists and legislators. The first step in this direction is the establishment of a " Blue Ribbon Commiulon" '
(much hke that proposed in former Senate Bdl 544) with federal funding for threstabhshmeiit oi the most
~
clTectisc modds of radioactisc materials management including containment nuetrali/ation or stabili/ation.
We urge you to support PARD's proposed California Radiation lau revisions and at the same time urge President Clinton to establish the much needed " Blue RiPoon Commission" on Radioactive Materials Management.
Ruth Leip /
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[ resident (760) 326-4318 or (760) 326-2519 Peopic Against Rad oactive Dumping
H People Agamst Radioactwe DumdcjM" 4
6 i
p-P A R D;N EgR M M May 20,1997 Ruth Lopez Dear Friend.
420 "E" Street Needles.CA 92363 Reclassifying Radioactive Materials / Legislative Revisions in California Radiation Law Are you aware of Califomia's lenient radiation laws which allow radioactive materials to be disposed down dtains and brought in from out of state to be incinerated hare? If this surprises and alarms you, you are not alone. While researching the law to find a way to put an end to the primitive disposal method proposed for Ward Valley (catology:
dig, dump and cover up), it was discovered that Califomia's radiation laws are more lenient than most other states. I have attached the Department of Health Services regulations which proves that radiation may legally be disposed down drains. Also attached is an agreement approved by the Southwestem Compact Conunission allowbig out-of-state waste to be imported for incineration. No wonder other states are already shinping their radioactive wastes here!
What can we do? Attached please find PARD's proposed revision of the Califomia Radiation Health and Safety law pertaining to the classification of radioactive materials. This model is a working document being circulated to
' pain input from you as well as a wide variety of sources including the scientific conununity, regulators, legislators, environmental groups, U.S. sovereign nations / tribal authorities, religious leaders, nuclear and waste management industry and the public at large. We hope to have enough support by the fall when PARD seeks California legislatures to introduce the bill simultaneously in the Califomia Senate and Assembly in 1998. We need your support of this very irnportant proposal which will beuin the process of much needed legis. lative chance.
We value your precious time, thus we would like to assist you by being available to answer your questions and incorporateyour suggestions. The positive interest which has been generated thus far is overwhelming. PARD recently presented the proposal to the Southem Califomia Association of Govemments Regional Advisory Council (SCAG RAC) at thei,r Retreat on May 21,1997.
We will attend the SCAG Committee on Energy & Environment meedng 6/5/97,9:30, to promote our radioactive waste classification revisions. PARD obtained positive offers of assistance in reviewing and supporting the proposal from individual advisors who would like to make the California Radiation Control Law one of their key issues. The proposal has also been presented to the Ward Valley Coalition at their recent encampment in April. Sufficient interest exists leading us to believe that it is possible that the Coalition may help finalize this radioactive materials classification plan and support the legislative efront.
i Fundamental to the precept of radiation law refonn is the fact that it is impossible to propsty_ manage the wide l
fanne of radioaAivg materi'als unless it i precisely known what is beinn manage _d_The present classification system is t
deceitful in that the rame dangerous, lethal, isotopes are included in both "high level (sic) waste" and " low level (sic) waste". The backside of this letter consists of points central to the argument in favor of a statewide efrort to revise and strengthen our Califomia Radiation Control laws, particularly with regard to radioactive waste classification. PARD's pohtical action committee, ABSURD (Americans Battling Senseless Unlined Radioactive Dumps) attempted to make changes locally, by countywide initiative but were thwarted by Cour.ty and State ofTicials as well as the nuclear industry who claimed that such changes needed to be made on the State level. We conthme to hold that the County is responsible for planning and zoning of radioactive materials, however, PARD also sees a need to work on all levels of Bovemment to ob*ain reform of the radiation control laws. We are hopeful that the existing sympathetic state legislators, along witli a new Govemor in 1998, will make it possible to obtain these changes through the legislative i
process without having to resort to a statewide initiative.
We urge you to actively participate by scheduling an appointment to meet with us and allow us the opportunity to discuss the proposal with you, speak to your group, answer questions, and incorporate your suggestions on how to improve this proposal, and sign on to our letter of support for the revision. We look forward to heja ing from you.
/ /f Ruth b h', & + 4 k m N1.W PlIONE NO 760 326-4118 nwe or Fat (619).126-2519
- trurmerly Garles lhder's & PARD's-me have the number had agsse)
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-s FUNDAMENTAL PRECEPTS GUIDING ltEVISIONS OFTHE Calli ORNIA RADIATION CONTROL LAW.
Classification of waste by I) decay life, 2) radioactivity present by volume The present classification system is deceitful in that the same dangerous, lethal, isotopes are included in both "high level (sic) waste" and
" low level (sic) waste"(See attached NIRS fact sheet). Radioactive wastes are currently " managed" under
]
pohtical subdivisions based upon who generates the waste or where it comes from: "high level"(sic) waste, in general, is federally generated. mihtary classified waste " low-level" waste (sic) includes the same lethal
/
isotopes as "nigh level" but is,ln general, pdvately generated waste. This deceitful classifications system has
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little if anything to do with theli~ctual waste $tream or isotopes included in the categories. The new j
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classification system would separate the waste by decay hfa and toxicity, rather the by generator or origin.
l We agree with the County of San Beniardino's current proposal to revise the Low Level Radioactive Waste Law requiring waste to be identified by decay life, it is a step in the right direction-however, it is not sufTiciently precise. The scheme simply adds a third tier to classification, based upon an outdated and 1
inadequate Euroasian model of classification. The highly developed nuclear technology which we currently command here in the United States requires that our Country and State take the lead in developing models of safe disposal, not settle for mediocrity. Tie attached classification plan requires separation of waste by decay life as well as how much radioactivity is present by volume.
m_
A new category to separate short-lived medical wastes from reactor waste. Precision in Classification:
)
Five, not two or three, categories of waste. Nuclear physics is a complex technology necessitating precision in classification of the materials which are being manage. It is impossibiplo_ properly manage the wide range gDadio_ active materials unless it is precisely known what_idbeing mamiged_The failed scheme of mishmashing waste together, in a heap in the sand at Ward Valley, is a proven environmental, health and safety disaster.
Short-lived medical wastes must be separated from long lived nuclear reactor wastes.
l Define "unnsed product" and recyclable waste.
Distinguishing it from other waste forms.
Some e
radioactive materials, which have no known safe, legal or commercial value are apparently being stored as
" unused product" even though no known current market exists. Apparently,in some cases, this is being done to avoid the cost of disposal at a licensed waste storage / disposal facility, while in other cases, there may actually be a prospective safe and legal market, not currently in existence. Eie proposed classification would identify such materials.Certain radioactive materials, such as tritium, can be recycled repeatedly and has a relatively short halflife. Materials which have a known, safe, legal, commercial value, must be safely shelved, managed and stored separate from wastes which pose extraordinary health risk and have no known safe, legal, commercial value.
The concentration of radionuclides in the medium in which they are present. Outlaw dilution of radioactive waste in liquids for disposalin our sewerage systems-no detectable amount of radintion is "below regulatory concern".
Tie current classification program and Department of Health Services regulations allow long lived, lethal radioactive materials and waste to be diluted with water, categorized as "below regulatory concem" and legally disposed down drains into municipal sewerage systems (See Title 17 and Norton sewer system documentation, attached). Tie current underlying philosophy is that the more water available, the more radioactive waste which can be diluted and disposed of in the sewer. Current laws encourage industry to pollute water.
This is wrong. This irresponsible disposal program must be outlawed Dilution for the purposes ofdisposal must cease. Testing for the purposes of classification nust be based upon the undiluted material.
Repeal dishonest and misicading terms: " low lesel" and "high level".
The proposed classification program attached, forever dispenses with the dishonest and misleading terms " low level" and "high level" Terminology for classifying radioactive waste reflects decay life, toxicity and whether it can be legally managed as " unused product" or recyclable material.
This simple, yet precise management tool aids reculators in makinu determinations of orooer care and unardianshio of waste resocctive to decav life.
c.
PEOPLE AGAINST RADIOACTIVE DUMPING
/PARDi t
i REQUESTS THE HONOR OF YOUR ASSISTANCE ATTACllED is OUR ATTl!MPT AT A NEW Cl.ASSIFICATION SYSTEM FOR RADIOACTIVE MATERIAI,S IN CAI,IF.
Tills SYSTEM BUILDS UPON WilAT WAS SUBMITTED BY Tile COUNTY OF SAN llERNARDINO TO Tile U. S.
CONGRESS AND PARD'S (TOO LATE 11997 SUDMISSION TO Tile STATE LEGISLATURE AS A JUMPING OFF POINT Please comment on these ideas:
1.
5 new easy to identify categories of waste:
a) medical and short decay life (180 days) waste gets its own class; b) waste that is being stored in backlots under the misleading and deceptive term " unused product gets its own class which limits i
such " unused product"or "reevelable waste" storage to one year.
Storage requirements; labeling; if it is not used in one year, it is waste and must be reclassfied as one of the other waste forms listed here; t
c) waste with a decay life of 30 years will be called "30 Year Wasie" no more " Low level" misnomer! other restrictions.
d) waste with a decay life of "100 years" will be called "100 Year Waste" no more " Low level" misnomer! other restrictions.
j e) High level waste disposal will be outlawed in California except for a category of"high level" waste which can be stored on site where it is generated, at nuclear reactors.
- 2. A limit on the number of curies per gram without mixing or diluting which would beliEEEFEilil6Toi"thE various categories.
3.
Below Regulatory Concern "(BRC)" waste is addressed in terms of what cannot be excluded from each class of waste. This is PARD's attempt to OUTLAW BRC.
- 4. No delay period for implementation after bill passage.
Immediate effect.
People Ag.ur i R dioacleve Dumpmg Ruth Lopes, De < tor DI Needles, C A 92363 phone 909/1/ 6-4 lift fav
110L0, STittlMD-VEftliAGirlST11XIMYOtttD-BE-IrlF TviOVED FROMTitE LAW.
BOLD, IDILICIZED VERBAGE IS IVilitT IVOULD BE ADDED.
PLAIN LETTERING IS WHAT IS ALREADY IN THE LAW AND WILL NOT BE EITHER REMOVED OR CHANGED.
For comments, suggestions or questions:
People Agasmt Radio.i<teve Dumpmg PARDNER 5 Ruth topes, Dirc< tor 424 *E* Street Needics, CA 92363 phone 909/326-41111 fan TilANK YOU FOR YOUR PART":lPATION.
LET US KNOW IF WE CAN ADD YOU TO Tile LIST OF REVISION SUPPORTERS, OR UNDER WilAT CONDITIONS YOU COULD SUPPORT REVISIONS IN Cl.ASSIFICATION.
P. ige 2 i
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,' CALIFORNIA RADIATION LAW im hoposed i<emions l
- People Against Hadioactive Dumping (PARD's } draf t proposal for redassifying ra-dioactive waste in C.,Sfornia. Parfly based upon San Bernardino County's proposal i
l'or changes in Federal Radiation law. Alsc>---restrictions on disposal.
Rider to Bill No.
an introduced, General
Subject:
Redefine and reclassify Low Level Radioactive Waste:
radiation control.
4 An act to add Section 114600 and to repeal SecLion 114985 On) of the Health and Safety Code, relating to the definition of 1
low low level radioactive waste.
Tile PEOPLE OF Tile STATE OF CALI FORNI A DO ENACT AS FOLLOWS:
Section 1. Section 114985(m)of the Health and Safety Code is repealed.
-(ml " Low-lovol wanto" moann ra rl i na r 1-i vo wa n t o not cl; inn i f i ori a r.
b i o h - I mm t j
radioactive waste, transuranic waste, spent nuclear fuel, or the byproduct
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Section 11M00 is added gener ally fot l'a t t 9 Itadiat ion of t he llealth and Lif ety Corie.
Section 114600. Definitions (a) As used in this Part:
(1)
"Short-lived medical vaste/other short-lived vaste" means all radioactive vaste including mill tailings and federally designated "lov level" waste with a' decay life of less than 180 days. No radioactive vaste which emits a dose equivalent greater than 1 millirem per year for the
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whole body of radiation and/or exceeds [ p_1cocurses per_ _.. _ gram without mixing or diluting shall be excluded from this definition. (PARD notes this class is used to separate the snedical waste f rom all other wuste. See Type A f acihty.
Peopic Ag,sunt Radio.uteve Dumpmg PARDNERS Ruth Lopes, Duc< tor 424 "E" st reet Needles, CA 923f>3 phonc 909/376 4118 f.n
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CAllFOllNIA ITADIATION IAW om Nm,seasem m.
l (2)
" Recyclable Wa s te "
means radioactive vaste, radioac tivo product or l
radioactive byproduct or other radioactive ma terials which is being stored, without a vaste storage license but which can be marketed, or treated and marketed, for a beneficia1 purpose vithin one year of produciny, same. na radioactive vaste which eini ts a dose equivalent greater than 1 millirem per year for the whole body of radiation and/or exceeds 5 picocuries pee gram without udxing or diluting shall he excluded from the definition of low level waste.
(PAHD notes tha category is to identif y wastes that are being stored without h(ense by calhng tiie waste " unused produ(t or bypsod-ut t ", et c.
This category puts a tune hanst on how long so (&d " product", " byproduct" or unused snaterials can sit atuund in back dots. See Type 13_Facehty).
l (3) "30 Yea r Wa s te "
means all radioactive vaste including will tailings and federally dssignated " low level" waste with a decay life less than or equal to thirty years and which does not contain chelating compounds w :d which does not emit more than 1 nanocurie of alpha, beta or ganuna emitting nuclides per grain without mixing or diluting.
For the purpose of this definition,
" background" or na turally occurring radionuclides (o ther than those in mill tailings) tha t may be secondarily present in the vaste are excluded to the extent that they are neither generated as part of activicies pursuant to a nuclear license nor otherwise aubject to regula tion by the Departmen t of Health Services.
No radioa c tive vaste ubich emi ts a - dos e equivalent greater than 1 millkrem per year for the whole body of radiation Qnd/or exceeds bLpicocuries per gzam without mixing or dilutius shall be excluded from the dhfinition of lov level ~iiEEEe.
(PAHD notes: tins category is sirnilar to the Federal revision proposal for "Iow level" wastes, however. andi tashng; are induded as waste, plus waste anust be tested before "insmeng and diluhng" not af ter and tests th" waste by grain stating a vnaxiinurn level of curies. See Type C F a t ih ty).
(4)
"100 Year Wa s t e "
means all radioactive va s te including mill tailings con taining only radionuclides with a decay life of less than one h unc' red years, but more than thirty yea rs, and which does not contain chela ting compounds and which does not emit more thanJO nanocurie of alpha, beta or grunma emitting nuclide per_ gram without mixing or diluting.
For the purpose of this definition, " background" or na turally occurring radionuclides (other than those in mill tailings) that may be secondarily present in the va ste are excluded to the extent that they are nei ther genera ted as part of activities pursuant to a nuclear license nor otherwise subject to regula tion by the Nuclear Regulatory Commission and/or an Agreement Sta te.
No radicaut1ve vaate which emits a dose equ1 valent greater than 1 millitem per year for the Nho[e body of radiation and/or exceeds 5 picoeurtes per gram without mixing or d11uting shall be exciudad from the definition of low level waste.
(PAHD notesi this category is sienilar to the Federal revision pr oposal f or " low Icvel" wastes, however, rndl tashngs are induded as waste, plus waste niust be tested before "inixing and dilutin " not af ter and tests the waste by giaan stating a snamunuen level of tuvies. See T ype D Facilit (5) "High leve] waste
- means all other radioactive vaste not included in the definition of 1) "short-lived medical /short lived other vas te",
- 2) recyclable vaste, product or byproduct, 3) "30 year radioacti ve vaste" or 4)
"100 year radioactive vaste". Ref er to_1ype "E" f aolity!)
People Ag.umt Hadsoacinve Durnpmg PARDNEH5 Ruth Lopes, Du edor 4 24 "I" M veet F#cdics C A 92 36 3 phone 909I326-4318 las
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" LOW-LEVEL" RADLOACT VE WASTE S r /..t rleWNV(
wa:
~ u o ll h 5- $/eahf,b. t aw.' -
Irradiated Comp >ncut m 4 piping:
!J,0%e-r' bdioactive Wawe !3 one of the reac:ct hardw2re and pipes that ara in r:si.nal most misicading terttis ever Orcated. b ine U.S..
c0ntac with highly radioactive wuter for the 20 it is ail nuclear v.cste that is not lepi!!
m "O years the teactor operates.'nic meta!
h4h level waste, some tran:urerd.: us:e. cr beccme
- activated" or radioactive itself from Udll GiltDES.
bombardraeat Lj neutrons that are :::.r.t.m l
v, hen energy is produced. Also called Irradiated Lilat e.,.Maniacitve was Ln
? the h#11;;' fue! from the cores of nuclear Prary System Components.
Conrrcl Rods: frem the core of nurcar
' tt e acM and e.gge nstes that m iett'over py e plann--. ds tha: regthte and w: e.
reac: cts,.
l nucicar react'cas in the reactor core.
tr irradiated hd hc3 been repico:55ed (a Poison Curtains: which absore acutrons precedure used to enract uranium and from the water in the reactor care and i
p;utotuatri.
irr:'diated fac! (high level waste,n ppo!.
- Oc 1s]).1 that would resui: ficm efforU to Resins. Siudges FiJters and Dupuratot elMify tbt liquW and sledge from reprocessing-Botrocou fro:2 chansirg the water that circuhtes arornG the irradiated fuelin the
- i. wirpnic W,este !s material mataminated reacor usSci and in the fuel pool which holds f
n with radicactive elemenu heavier than uranium.
the irradiated bei whe 1 it is remOvei frotn the
$uca as plutoMr. itcyluniung. a:r.cr.'cium and -
- ccre, curinra. thc.se elements:
Entire Nuclear Power Pkmts if and
- have g3IeInciv long Parardota !!veshundreds wheti they are distaan: led. This includes. for l
ct 12;otsancs a mnliusa of years and example. from a typic.! 1.000 raepr.utt auckar j
- g;1Ljpha ra@jc_pq. a tp cf radinion that reactor build;ng fiaor: over 13,000 tens of is espe.r; ally dar.gerons if inh 2kd cr pulloud.
cottMittinated concrete and over 1.100 tri; or Sotne tran$tinluic wa5te 15 alj0Wed tu the contaminated reinforcing steel bar.
'lo+ level' rad cactive was:e cateyry. In * >$3.
The hi;1dy radicactive and :ca;4ived when the Nudcar Regulater Ceramissics seac:ct m:a uc ic:iuded in the lowdevet*
(NRC) adopted regulances en buc cispo. uf usa cate;crj along v.ith the much less rad!oacive wast: GCCFR6D, it irc emd the car,cemrated sad ger:en.!!y much ncner iived allowable coccentration of nansuranics in wa>tes !:cm reedical treatewnt and diar.csis 1
cw.!cvel' radicacuve uste.
and some types of sc'entifi: research.
j I'rnnium '@[ Taili.gn, rettdrirg fro::t mining RADIOACTIVE CONCUTitXI~ ION w and milling uranium for wcapons aM VOLDIE cactmercial reccors, are not tsually induced in the ' low level
- M.$te categerichut may be The uudcar !ndustry and ;overnment :omr::ettly
. har. died with it la some stres. Tac iar;c describe "locleve!' e.23:e in Mrms of sclume velamc7 of thtee nustes, which wiil c::it-although there can be a uem:ndous radiation for c:aturies, poN serious hea!th conventration of radicactivity in a sult p2ekap i
and a sm ll concentration in a bi; package.
prob: ems.p5Mg g
'ihe amount d ndicachity, mnsurd in WHAT LS.YLOW.LDIL' RADICACTS'E CURrE3,' baicat:a how mcch radic4ct:m i
l-WASTE
- ecergy is be:ng emit:ce by the weste.
(' 1 Carie = ~@:0.CO).C00 cr T' 3!ilict l
lLodeg Radioacthe Waste includes:
Nuclect information and Resoufce Service
... -, :;iw. wis 60t waanineren oc :oo34 <202) r8 0002 3
.4 I
dainte;ratmns or radica:tive emissions per elements indude Technerium w, tvith a l-m second from a radioactive material) half life of 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> and a hanardous life of 2.5-5 The medical waste from diagnosis and days; Galium-67, half-life of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> and treatment shipped in one year from most states hamrdous life of 12 months; and Iodine 131, tsually gives off a frac:fon of one curic of with its half-life of S days and hazardous life of radiation. In contrast, each nuclear reactor 80160 days.
generates hundreds and thousands of curies in The var majority of medical waste is
- cw. level' wm:e e"e / ' car.
P~nedous 'm la" t'la" 8 mnths. Yet. it B in the same o..pf a a,.ctoi wasic that vdl L.
Nude:tr reactor waste is con:entrated:
hazardous for hundreds of :hnusands to miUJons Solidified liquid emits about 2 cur:es per cubic of years.
meter; Filter /Demiceralizer sludges emit about Clearly, the definition offlow-leie!
10 curies per cutlic meter; Cartridge filters emit radionetire waste' rnust he changed. It would about 20 curies per cubic meter; Demineralizer make sense to redeline the more :oncentrated reins emit about 160 :uries per cubic metert and/or longer bved wasw 2s high.evet P:imary Comp)nents average 1000 to 5000 Active recantaincrintion and operational eurits per cubic meter.
control must be provided for the entire bazardous life of the wast:, yet the hMC N1 of this material is legally considered re:;uires only 100 years of passivo institutmnai "Icm 4evcL' control Thus. waste hazardous loager than 100 years could be forgotten. Retnevabdity is ll\\IJ.LTE and IIAZARDOUS LIFE essential.
1 Radioa:tive elements demy by em.itting energy PIANFED LEAKAGE AND *ACCELTABLE" in the form of radiactive particles and rays. As RISK l
radiation is riven off, other c!ements (seme l
racicacave and some stable) are formed.
Waste contaicers and forms will act last as lon; De Ilaff.IJfe is the time it takes for as. tame v,asic remains har.ardous. Therefore, IIAIJ of the radioactive element to decay (give waste should be placed in a raanucr whien will off half of its radioac:ivuy). Different radioactive facilitate recantainerization and make continue 1 elemt.nts hne different halflhes.
isolation fr,m the environraent pos:ibio in ine Dc IIazardous Life of a radioactive future. If the waste is 'dispcscd of' as the NP
4:.r.:nt is aMt 10 or 20 IIalf-Lbes. (it is best cunently requires, it will not be isolated from to measure the amort of radistica after 10 or the enviror. men:. Tianned !cuage' will eccur at
.'O ha!fdives tsefo*e ts ! mir.g waste from active (what NRC ron3iden) an 'acceptr.b!c" !cah rate controls.)
4eauing to "accep*an' pu%: radiation i
Rei..'ar waste remains ha.'ardnus for a c pxures and health risks. Tbc aUowabie 1::th very long time. Most medical waste from rates and exposure levels are delennined by j
treatrn.:nr and dia;nosis is harardous for a very federa! agendes, not those experiencing the ric,:.
inort tir:te. Res: arch and induurial uviste can To avoid leakago, above ground, i
conuin smail amounts of some longdived engineered storage at or near the source of i'
radicactive matejials, generanon could allow responsible routine.
Among the radioactive cirments momtoring ac:! repair, commenly found in nuc! car reac:or " low-level
- waste are: Tritiuct with a half.iire of 12 years STATES' AUTHOPJTY and a hacardons hic or 1:Oc! 6 y m ;
ic.
71 half 4it.:f i.. dap, hea:Jaur
- O c f States haw u.e rit:nt and supmuointy w 80-it:0 davs; Stron:iurn.00, half life of 23 years, protect their rilinns' health. In 1980. Congress hnardout hic of 2?Mria ye.nrt: Nickel M. half Have states the repont,ibility for "ImM:wl*
lt;e of 5.0u0 years. huardous lif:: of rndioactive waste. Ilow and whether states YdCMI 500fC0 years, and lodine 129. half. life choose to take on that rtsponsibl!!ty win be ofliFIC.;LndiClyars, hatardnut life af renected indefinitely into the future.
Immo mi_lt;on.. searn By contrast, common medir.al waste updated Wrch L992, Diane D'Arrip f
I 4
i 3 02261 IIARCI.AYS CNI.lF()RNI A COIA OFlhGULATIONS 1ille 17 s e 1
gt*.
Norr. Authantv ested. Secuan 208 and 25811. Ilealdi and Safety Code. Refer, cacceding the limits speciEed in Section 30335 Appendix A. Ttble I,
, ence: Semons J5801,25802,25811,25815. 25826,25875 e id 25876. Ile alth rad Column 2; and (4) the total quantity of radioactive materia.. acased inta the sewerage r
.g b
- 1. Arnendment filed 6-19 75 as an emergency: effecuve ub75.f1ng (Register 75, system by the user does not etcced one curie per year.
I No. 34L Approved by CAUOSil A 5tandards Board I (b) Excreta from individuals undergoing medical diagnosis or therapy
- 2. CeruGcate of Cornphance filed 11-28-75 (Regasier 75, No. 4 8).
with radioactive material shall be exempt from any limitadons contained
- 3. Amezdment Gied 7-7-86. effccuve thirueth day thereafter (Register 66, in this section, provided that the user provides for appropriate radiolog.
No. 28).
ical monitoring whenever any waste line in the user's instauation which
- 4. Change *nhout regulatory effect of subsecuans tb)t 4) and ib)t 6)t D )( ReFister may carry such excreta is opened.
58, bo. 6L NOTE. Authonty cited: Sections 208 and 25811, lieahh and Safety Code. Refer.
ence: Secuons 25801,25802,25815,25875 and 25876,IIcalth and Safety Code.
l30281. Storage and Control of Radioactive Material.
litzrony (a) Radioactive malenal shall be secured against unauthorued remov.
- 1. Change without regulatory effect adding NOTEIRegister 87, No. I1).
al from place: of storage and shall be provided with reasonable protection 630288. Disposal by Burialin Soll.
I atamst loss. leakage. or dispenion by the effect of fire or by water, hose 3,
streams or other means to fight fire.
I. Repeater Gled 7-7-86; efTective thirueth day thereafier (Register 86, No. 28 L tb) Rt.dioacuse matenalin an uncontrolled area and not in storage shall be tended under the constant surveiuance and immediate control of i30289. Trestrnent or Disposal by incineration.
the user.
No user shad treat or dispose of ndioactive material by incineration Nott. Auihonty ened. Sections 208 and 2f 811,liealth and Safetv Code. Refer.
eAcept as specifically approved by the department pursuant to Section
~
ence: Sectms 25801.25802,25811,25875 and 25876 ilealth and 5afety Code.
30345.
Ihrroitv Num Authonry cited-Secuens 208 and 25811 llealth and Safety Code. Refer <
- l. Amendments Gled 7 7-86; effecove thirucih day thereafter tRegister 86, enw: 5ccoons 25801.25802,25815,25875 and 25876,Ileakh and Safety Code.
- No. 28 L lhstoay
- 1. New secuan Gled 7-22-71; effecuve iluructh day thereafter iRegister 71.No.
I30282. Procedures for Opening Packages.
30t Each user shall establish and mamtam procedures for safely opening
- 2. chante u nhout regulatory effect adding NOTE tRegisier 87, No.11 L pa:Lage s in w hich lice nsed radioacin e material is teceived. and shau a s.
sure that such procedures are fouowed and due consideradon is gn en to Article 6.
Records, Reports and specialinstructions for the type of package being opened.
Notifications Nort. Authont> c ied. Secuans 208 and 25811,liealth and Safety Code. Refer.
ence: Secuons 25801. 25802. 258 !!,25875 and 25876, Ilealth and 5afety Code.
I 4
g g,y,cn 530293. Records,
- 1. Nem secuan Gled 6-19-73, effecuse tlurueth day thereafter tRegister 72.
t al Each user shall maintain accurate and complete umten records. as No. 25 0 follows:
- 2. Change without regulatory effect adding NOTE tRegister 87 No. Il >
t 1) The results of each required calibraden, survey and test.
t 2) Each receipt, transfer, and disposal of a source of radiation.
t3) Radiauon exposures of allindividuals for whom personnel moni.
Article 5.
Waste Disposal tonng is required under Section 30276. Exposure records shall be kept i
en department Form Ril-2365 or in a manner which includes all the l30285. General Requirement.
applica' :v -formadon required on said form. Each entry shall be for a No user shall dispose of any radioacine material as waste except:
penor' ac not exceeding one calendar quarter.
tai by tnnsfer to a person holding a specific license to recen e the m-
- 44) Rssults of medical exarmnauens and bio-assays pursuant to Sec.
dirseta e uaste, er tion 30277.
Ib e u authortred pursuant to Sections 30269 or 30287.
- bi E.ich required recor'd'of dose re,c'eived by individuals and of medi.
cal cununation and bigasssy sfia~U"l chserv~ed indefinitelv or unul the Nort. Authont) ened Secuons 20s and 2!$11 liealth and Salen Cule. Reier ence: $ecuens 25801. 2!s02. 2!!II 2:ll2 and 25815,lleahh and 5alci) Cuw.
g.ptm6EuNb Lbsposal. ljach other required re' cord shall be presen ed for a period of three y ears following the date of the occurrence
- 1. Repaler of Amcie ! and new i uons 30285,30287. 3023 s i Gled 11-2i662, effecuse thirueth da) thereafter tReFister 65 No. 23t for sortner that n the subject of such record.
Arucle 5, see Regmer 62. No.1.
ic i The f ollowing units, or genendly accepted multiples thereof, shall
- 2. Arnenament Gled 6-l$-f" eperause 7 18-87 (Register 87, No. 28 L be used as appropnate in au records tnaintained prtrsuant to this regula-tion
! 30287. Disposal by Release into Sanitary Sewerage i t Quantides of source material in pounds, rmilicunes, or microcu.
1
- Systerns, nes tal No user shau discharge raboscuse material into a sarutary se w er-
- 2) Quantities of special nuclear material in prams.
sge system unless:
t 3) Quanuties of radimn in milligrams or milbcuries.
Illit ts really solubic or dispersible m water, and i d ) Quantities of all other radioacti v e material in cune s. mi!Ucurie s. or ih radioacto e matenal released into the system by the user in any one :merocunes.
ny does not exceed the larger of:
5 : Concentndons of any radioactive material in microcunes per mil.
t A) the quantity w hich. ifdduted by the as erage daily quantity of se"-
hhter er per gram.
afe relea ed by the user, wUl result in an average concentrauon not ev
,6s Doses in rems or millirems; dose ntes in tems or millirems per seeing the limits specified in Section 30335. Appendis A. Table 1. Cel.
3nt.r-t=n 1 er Ji Ccpies of required records or any part thereof u specified by the i B l ten times the uuanut3 of such matenal specified in Section 3033t
. ::=ent, shad be transferred tothe departmentin the esent of termina-Appnst B; and eI a user's business operation and at such cther times as the depart.
t 31 the quantity of any ra&oacta e material released into the syste m -
c:n may direct
- 'c uct in any ene month.if ddi teJ by the average monthly quant::
e authenty ened Sectorts 208 and 2snii wi.-4 e '
<-a a ^
sew age released by the user, wdi not result in an average concentn:;
huons,25801 and 25802. Hea' r
PARDNERS Ruth Lopea, Derector 424 "E" Street Needles, C A W % 3
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people Agannt Hadioa<tsvc Durnpm,g PARDNIRS Hut h iopci, Dir cc ttar 424 "E
- Street Needics, C A 92 363
+
phone 909/326-4310 fan
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$1 4
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IEIOE Mining standards, Ei rules allin a tangle Le1 l
By f fEVEN CHURCH
~~~
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% n 51 art N tel MullNTAIN PASS _. Moly.
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.l corn oun:ials in.nst u,ey base
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,y T s M" A]a.9. 4 p/
, I-dosieneunngwrong j
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,i he pndd..m. m n,cy see n. is y
u tlh a few in cuealons irgola.
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a They niay have a pond.
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M,N tots and huidensome laws.
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1 (orp works under conhaditts it-
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self, ueatinc a conhoing net,,r
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environmental protechons no sinrf e agency can master, g. gfr D:a m W. 3 3 A ; f ' D '*%:ljQ,is,-
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3 That net hn plenty or noi
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u ai a pewe,rnl <empa,,y can es plost said San Hernardino Conn.
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ty envirotonental p ror.ce n t o r
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5-Charles timeda. wins in lemlinD
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Y the criminal probe of Mul>torp. '
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i There is a riause in one leder
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9 al niining law that appems to
)
ERIC PAHSONS'tho Sm specincany esen.pl Molveorp w
hinn testain terula hons. ' said nu Sun IAlthes Molycolp's norung fat;ihty in a W.Hin Imbl.
thneda who calls ilns the most comple.s case he has cier han.
l died
... fin. pr oblem u d h riany of Pontein. sent gs u,g g g g, j
Also few statulants r. nl bir lhi. s
', ' a["[$. ""h,'h - n. don,[ I"\\ "I ""CICd'
""f"
'Inmps mol f,
(y J(g u h.a n,e <ompmn dumps n, as ud irmh. dn,ap< s.nd d
h anpah thy 1,alie waste pond he
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"^""n'IhinM
.m pin! Nh.n et. of tio. Te sas Di pait o
w ater, pud d y ern a ds,el n,n ds meld or neaini reda, n,c re,e c
3, mud n.,gg"..pnl ; of or e m 7s s a d,nco.,d I, p-so n<,cd, f,g.,..
en iem he.ny nn.hds,n n,e m,e n no o n,g an.,.,
pany po.,
wa'de pond. but not on radmae though d may look Idu. hmnd n wmhun some of ds u
Ut dy.
s,,., c.
ons wasle runnne out of some "aste to a ronu nhonal LonlleH.
t ' i Q' -
y Asked wh). regn.alors ipna kit other larihit '
I"' '" " I f ' Q.g
'{ 4 '
'g point hngers at each othet.
S" la h 8'o v. ?
"""Uh.i. Moh rm p has med the The sann slHH.d Molu oip n 8f Water olhrials sas d n up to
"" ' " 3"" '" H N "d t""t a r"-
called "uninM "aste heranw tho 5 tale radmhun espeits h(e g;d t""d"@ N Maine Utal Hs en i
ole contes hom a pH nest to the Bailer. l'alifornt.i s lop s adiation "n
um I ant. That incans the rompany regulator I"*' *h '"'C "I
- i m "C la" s P 5 e n g
can.n oni mem%. Indhu s'
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though the hemt and ploids of f uled. so he u ants S,an Heinanh t he rompany n e,in un. pi ore.W rosis and duinn the u,nicindo MN t,),
sa)s he t ried and a
N ' '$j #'
nig dn noni h g dilh3i'&
t S
im Cminty proserntor.s to drenh.
M oh co rp's mani n on pri n,..
Almas smd the luo opet almns t-
?....r if the pomt has too snuch ladm Hho.ie pouleur. has m,nnne.H aie d Hercid. "so H N icalh not a hon Texas to shlehl H hom icenia f air rompainon
(
I'meda sa)s Ire's just holhling
'"is The cnure plant is deinled g
The conin ann t.n es H o h.)
- EI lo in occusin' on e dug up somn a ct.nunal case' r i m d Man, IHdji in onb one Unen aland On.
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a y de bah.
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PERSPECTIVES
,l *
- SuivivalNews and inw can one adjust to oie concept of the Comprehensive Test j
Dan Treaty, when bl! ions of dollars are budgeted for measures "to keep Classificalm.nis the issue
-a- ~u"~"~
'uc"a
"~"
creating Tnuum, which triggers the blast. General Atonne is a sub-conuactor. The nuclear priesthm! will be kept busy doing sub-dinical bt LEONE HAYES testing of exisung nuclear warheads and inventing smarter nuclear weapons, for which super-super computer operadons are devised.
hicanwhile, representadves of 700 world. wide non government For a long time, The Review has been pestering for proper classificadon of radioactive waster, materials, products and organizauons are meedng m Tahiti to further the c unpaign to eliminate producuve fac lines by their hazardeus ' life" rather dun lump-nuclear war wares. Known as ABOLITION 2000 and ACf(ON FOR ing these lethaliues into simplisuc " low level /high level" categories. NUCLEAR ABOLITION, these organizations will rally concerned The " low-level" catch all term allomi the inclusion of leached people at the Nevada nuclear test site from Afarch 31 to Apal 4. Contact residue from reactor fuel rods that creates a mix of several of the the Peace Resource Center at (619) 265-0730 longest hfed rad onuclides. Ttus residue - called "resm" - trust be in addidon. the South *cstern Low Level Radioacdvc Waste Com-morutored in safe structures, not dumped into unlined ditches at Ward mission invites the public to send commsnts aLout Ward Valley if it is Valley or any other site. Previously dug, covered-up ditches in Ken-not possible to attend the mecung in Needles on Friday, huan 31 (See tucky. Illinois and Nevada have leaked tnuum. yet U.S. Ecology, Inc..
schedule for Aput and June meetings belowt tne contractors, are set to conunue the ' low-level" scam.
I'r ocessing and tise Military Nuclear 1*rogrunn it is unsetding, to say the least, that along with the medical and tio-A nise, fat $15 million order for a nuclear reactor to be installed at chem research folks, w ho clamor for the Ward Valley ditch "to protect a nuclear energy center outside the capital city of Rabat. h!orocco, has the public from the waste they generate." four r.hancellors of Uruyer-just been recmed by General Atomic.This gives rise to the quesuon.
sa ty of Cahforma campu.ses jom in the ca y. This means that they are not "What does non proliicmdon mean" when it is now recognized that observing a Clunese saymg: "The fitst rule of wisdom is getung ddngs nuclear energy produenon was established as a comguuon to die nuhtary by their nght name "
welear pogram?The ener gy set.up proiided a static of tramed pessormel l
Can it be that the cheaper dump-in.a4! itch rather than managing real and a source of Piutonium from spent luel rods... e.tcept that mirung for ly low level, short-lifed wastes on site influences even academia into Uranium took over and the fuel ros were allowed to accumulate. The i
accepdng the deceptive " low-level" classification?
" glamour" of the technology kept tlm participants' minds off of the Nannt.g things leads to h!OXIFICATION as the dressed up 6tle for honendous waste poblems they were-and sult are - creaung.
the process to create Plutonium fuel for nuclear teactors, which our l'tutuuluin l'rocessing und I.eukerula govemment has foresworn (sic.). The source is excess from the stock-The Brmsh Medical hurnal reports Out chddren living widun 20 pde for nuclear weapons, ours and Russia's Leftovers that are mixed miles of Lallague France, where Cogema Co. pacesses Plutonium for with other lethal stuf f can be turned into glass logs, which are fairly reactor fuel, were nearly three times more likely to have leukemia if safe. So far as can be determir.ed, it is the inclusion of boson that they visited local Leaches more than once a mendt Eanng local fish and l
prevents the ermssion of radionuclides. It is the boron Out neutralizes shchlish more than once a week simdarly increased leukemia nsk-the emissions in the ponds harbormg all those spent. fuel rods from Cogento. incidentally,is encouraging the use of Plutonium here, via its j
nc; lear reactors.
U.S. office..
I Save Ward VaIIey!
Southwestern Low-level Hadioactive Waste Commission - (916l323 3019: Friday, January 31,lieddles City Hall, 9:30 AM,
- Tuescay, April 8 and Thursday, April 10 (Location yet to be selected)
- Friday, June 6, P-fdison Hotel, la Jolla *
- *
- Save Ward Valley Coalition (909) 9812030 Satmday and Sunday, February 1 & 2 Fort Wlohave Iteservation * *
- Jiluf IllE lEIT flTE DOWMI fjg gff Listen to suu.w s pm,y%y o
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4 L NUCLEAR M A I T is it S People Against Radioactive Dumping (PARD's)
Dra1 Proposa "or lec assifying ladioactive Waste in Ca ilomia.
(' entral Sutpl. Redelme and mia.s.sdy low leirl radiouda e sadninntlnje.s (odiu than those m null I.uhngu that in.n lic sninni. nils A.) wauc radwinm tonnel piestni m the waste use culuded to the curnt thai the) ene nulln An at t to add Sectmn 11*h] to itini Sedion 110H5 hu)oi the genuakd as p uI of at in ihes pmsuant to a uni Inn In i nse nin oikenuw lirahh and balcty Ctde, estatmg to the dcinnhon of low, low-Iciti sub, led toirgulatnin liy the Dep,u tment of Ilcahh Srn n es No sasho.n raJm A hte u ele h ve waste ulut h nuils a dose eqnn aleni prater th.m i nnihn m pi i )e.n k livn114o00:5 askled gtnesally f or l'ait 91Lkhalban of the licalth hn the w hole luly of f athatnuiinni or cuerds 5 pnot unes pti pt.un and Salety Ctnk without mnmgin ddutmg shall Iv eu hided hom the delmition of hm htttion 11#44) Dchantunn leul waste (pal <l)inites 'llu s rategos ) is 6nndai io ihe lol. ial iruuon (a) As used in ilus part pniposal los " low-les ti" nasics. Inm es u. null t.uhnrs air mt hnh d a.
(1)"Shuit hved medical wastelother shuit hv':d waste"tocans all waste, plus waste must he tested belote "mning and thinimg"nul and raditaion e w ask moludmg null t.nhngs and lederally desiputed " low-and tests the nasic by pam staimg a nuunnnn les t I of tunes Soc l)pe ku1 waste wah a duay Ide of it3s dian 180 days Nu nadioaune C hiahty )
me.ts w hKh umi.s a dose ulun ahent peate Uun i milkretn is t > tai lot (4) "1n0 Ye.n Wa3lc" me.nn all.nhom in t w ete mtluihng null Dic uhule bod) ui radiakon and or cuccds $ picotunes per gram Luhngs und.nnmg only i.nhonut hdes with a ik ray Idc of Irw Ilun Inn wahout nuung vi dilutmg slull he twinded lanu this dehintum
)cais, but nnne than 3n ye.ns, and ulut h does not iuniam i htlaimg tpARD imics ihss c'en n used to wparate the medicul waste hom all unnpiunds and ulo h does in d emii mine dun in nann nie id alpha.
s 00xt wete Nr 1)pe A 1 aubly )
is ta. us punnu rmahng not hde pu p.nn uniniut mning os ddolmg (h "ikplable Wate" nua.s s adioattn c w ave, radmadve,ind.
I on the pinpose of this dtliminin,"brkponnd"in naimall) mi nmnr utt ei radm.httic b)plalud m udier radauchte mataials which is ladowmthdes (othen th.m those m mdl1.uhnp) tiul mai be stumd.u ds bemg stosed u dhout a wa3tc stmage in one liut wlut h can be ntu keted, posent m the nasic aie euluded to the turni that thr) me noihu or ise,ned and nuukekd. lot a 1.enchu.>l puiluse union (nie ) car of goiaated as p.u t of at in ihrs puo.n.nd to a nudrai la ense in u oibrin nc preduung same No saJuutto e wete sunch ennis a dose equaalcut subjeti lo strutumn by the NutIr.n h'erniator > i omnnumn.md os an peakt dun 1 nullncm pu ) tar for the wl: ole luly of tadiatism andor Apninent St,de No sadnwin v nele u hn h onnis a dose upm alt ni caurds 5 pusuno pts gram without nnung or ddntmg sh.dl be gnato than i nulln.nu pu )c.n hu the uln.lc Inly of saduin.n an I os inluded f rom the dchtohon of he letti waste (pal (D notes This cuculs 5 puounics pa pam uilhout nuung os ihlutmp sh di he utegot) a to sdentd) mntt s thA ave bemg shuol wohunt brense by culudul hom the ddnutton of lon Irul netc il'.\\NI i noirs Iins
( 4hng the w age " unused pt tduel or b> punked,"cte 'Uns catcp u y puts category is smul.n to the f edt i.d in ismo poposal hn %u h n F a hme knut on hun long so ulied jwnlutt, b)ptduct or unusul n+tes. honesa, nnli t.nhags.ur un indeil as u mir. pins u ch mu t bt maichah un ut arouno un ba k lets. Sce 'l y pe H lia ikly )
ic,.tr 1 ts hnt "nu ung and d3h>tmp"not ahu an tosh ihr u asic in p.un (3) "30has Waste ' means all radaudne wete tut tudmg null.4almg a maununn icul of t nues Src l 3 pr 1)I at thi) )
taihen and ictkiad v deugntd "hiw lo d"wasic u nh a decay hic irn (5) "Ihrh Ital uasic"im.un all odu i saanuun e neir not m ihan or ulual to 30 an and whnh thics not umi.un rh"f anng com-t h>Jed m the def uninin el l) "dnut in ul moln al shod in id odn i i
posnd > and atuth dots tot ennt mese than i nanotune of alpha. I eta-nete, a ictp lable u asir, pn. din i in 1.)poitha i. 4 " to u.n ia.b.sn i e punma<mhang nothdt s per pan without nuung m dduimg l'or in e wauc. ' os 4) " p en y t.u iadn ut in e n aar
- lls lo lo i s pr I tbc pu juw of uns delnnhon. "lutk;;tound"or naturally exuning 1:aatu) y l
Dear Lt. Gov Gray Davis,
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President of the State Senate at d Sen. Uyton Sher, Chainnan of the Senale 1:nvuonmenta! Uuahly Gumanuee l
l lhank you for your put help in our ellet10 to stop the Wanj Valley Dumpsite. Now we uige you to hnd a dilth 10 UUliY IIIM St) M/ Impact fee Tube [hlr in lotever. It is obvious that Sen Wdham Kmght is encunmpnl to plomnle U31 cology enhements through lobbyist. *0Mi Govemment helabons'in a new 199/ versioa.
l The scheme is to seduce the City of Needles people iniu accephng money for their cr hotds m enh.nule for pulhng on !
I bhnders about the eun lashng dangels to salcly amt health inherent in the planned unkned ddch bmlal ut olhually, f alsely l l
cbssihed
- low-lever radioachve wastes. The seductive money offer is also divisive, pitting person against person and l g
community against community, because other cities and settlements near Ward Valley tuo nul included m the hnbe scenario.
l g
Some am so desperately greedy Ihat the school disbict and USE enn bused echool cinithen 10 the nuclear dump in Deatty, Nevada, hcping to convince them of how
- sale"it Ist g
l And. p!caso direci every effort possible lo meke known thal the olhcial, decephve classihcahon of
- low. lever radioactive !
I waste $ must be made honest, so that sencMe waste managenvmt can pioceed. PN ID has sent you ptopused ievisions based l l
on the 100 and commissions of the wastes. Hve calegories aie vioposed to rephite the misleadmy and too simphshe "lowanyh" l l
15t'ehng devded to ptovide the uukhes a can#lage for reacWs waste uh of the most deadly,long-lived radionuchdes. such l
g as piulonium and radioacinte resins Wd;d waste must to separated hom reactor wash?
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SufvivalNews And how can one adjust to me concen of the Comprehensive Test l~!
Ban Treaty, when bilhons of dollars are budgeted for measures "to keep 3
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Classtficationns the,nssuo
~ ~ ~ ~ ~ ~ " ~ ~ ~ "" ~ ~ "
creating Tnuum, which triggers the blast. General Atomic is a sub-contractor. The nuclear pnesthood will be kept busy domg sub-dinical by LEONE HAYES testing of existing nuclear warheads and inventing smarter nuclear weapons, for which super super computer operabens are devised.
hicanwhde representatives of '700 world wide non-government For a long time. The Review has been pestering for proper classificauon of radmactive wastes, materials, products and orgaruzauons are meeting in Tahiti to further the campaign to clinunate producuve f acihues by their hazardous " life" rather than lump-nuclear war wares. Known as ABOLITION 2000 and ACf!ON 1:OR ing these lethahues into simphsuc " low level /high !
'I" categories. NUCLEAR ABOLITION, these organizations will rally concerned The " low-level" catch all term allows the inch..,vn of leached people al the Nevada nuclear test site frem h! arch 31 to April 4 Contact residue from reactor fuel rods that creates a mix of several of Ihe the Peace Resource Center at (619) 265-0730.
longest lifed radionuclides. Tlus residue ~ called " resin" - must be in addiuon, the Southwestern Low-Level Radioactive Waste Com-monitored in safe structures, not dumped mto unlined ditches at Ward mission invites the public to send commqnts about Ward Valley if it is Valley or any other site. Previously dug, covered-up ditches in Ken-not possible to attend the meen ng in Needles on Friday, Jantwy 3 I (See tucky, Illinois and Nevada have leaked tnuum, yet U.S. Ecology, Inc.,
schedule for Aput and June meeungs below).
the contractors, are set to conunue the " low-level" scam.
I'rocendugand tlic Military Nuclear l'rograus It is unsetding. to say the least, that along with the medical and bio-A nice, fat $15 rmilion order for a nuclear reactor to be installed at chern research folks, who clamor for the Ward Valley ditch "to protect a nuclear energy center outside the capital city of Rabat, h!orocco, has the public from the waste they generate," four chancellors of Uruver-just been receed by General Atonuc. This gives nse to the quesuon.
sity of Cahfomia campuses jom m the cry.This means that they are not "What does non-proliferauen mean" when it is now recognized that otnerving a Clunese saymg: "The first rule of wisdomis getung Oungs auclear energy production was established as a compuuon to the nulitary by their nght name."
nuclear program?Tbc energy set-up provided a stable of trained personnel Can it be that the cheaper dump-in a <! itch rather than managing real and a sm. ice of Plutotuum from spent fue! rods... except that mirung for low level, short hfed wastes on site influences even academia into Uranium took over and the fuel rods were allowed to accumulate. The accepting the deceptive " low-level" classifica*.on?
" glamour"of the technology kept the participants' nunds off of the Nanung things leads to NIOXIFICAT!ON as the dressed up 6tle for honendous waste problems they were-and sull ate - creadng.
the process to create Plutonium fuel for nuclear reactors, which our I'lutonium l'rocessing and I.cukerula government has foresworn [ sic 4 The source is excess from the stock-Use Bnh.sh Medical Journal reports that children living within 20 pile for nuclear weapons, ours and Russia's. Leftovers that are mixed miles of La ILigue, France, where Cogema Co. processes Plutonium for with other lethal stuff can be turned into glass logs, wluch are fairly reactor fuel, were nearly three Omes more likely to have leukenua if safe. So far as can be deternuned, it is the inclusion of boron that they visited local beaches mote than once a mondt Eadng local fish and prevents the enussion of radionuclides. It is the boron that neutrahzes shcIlfish more than once a week sinularly incicased leukemia nsk.
I the emissions in the ponds harbonng all those spent-fuel rods from Cogema, incidentally,is encouraging the use of Plutonium here, via its l
nuclear reactors.
U.S. office..
Save Warol VaIIny!
Southwestern Low-Lovof Iladloactive Waste Commission - (916) 323-3019: Friday, January 31, Neddles City llall, 9:30 AM,
- Tuesday, April 8 and Thursday, April 10 (Location yet te he selected)
- Friday, June 6, Raddison Hotel, La Jolla *
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- 3 ave Ward Valley Coalition (909) 9812030 Saturday and Sunday, February 1 & 2 Fort Mohave Reservation * *
- filuililE 1EIT JITE DOWNil f//n Oc[/
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N U C 1, I? A R M A I T I? It S People Against Radioactive Dumping (PARD's)
Dra t 4010sa or lec assifying Radioactive Waste in Ca ifomia.
~
('i ncial butyect. Redtime and icclassify low.inel radioactoe nadionut hdes (othu than those m null i,uhngs) tlui nur be stu nnlmih e
\\ I wage radiation cunhol pesent m the naste me culinled to the rurni tlui the).uc ntilho An att to add Sechen l IN00 and to t epeal Sechon l l49H5 (m) ei the nerated as put of at tiutws lorsuant toa mn h a: In on r in n otheinise litahh and balet) Code selahng to the dehmtom of low, low lenel subju t to irgulatani by the i kpu tun ni of lirakh So ui rs No s.n in us f adioastnc waste to e nasic w hn h enuts a dose cynn alent gicatt i th.m I nulln un pet was Suhun i IWa) n addcJ ponerally f or l'ait *)ll.adwtion ut the llcalth lin the utvile luly of :adutnin and in rurtils 5 pamunes Pu ream aml Sa ety Cot e niihout mnmg or ddutmg shall be cuhkled innu the de Inuinni of h m f
t bution llW#t Delinthons lo tt uaste d'Al<llinites l jus tategoiy n smu!.u io the intoal a uso n, f a; An used m tlun part proposal 10 "linrici tl" n astes. lu m n u. null I.u hnrs.n c int huled a.
I1)"bhori incd methcal wastelother sing hved unte"incans all na*, plus n;nic must be tested lit but "nu ung mni thhnmg"nol alk i raJmai.to e w aste includmg null tathngs and lederally designated " low-mid tests the nele b) pam slahng e inaumuni leu l of ( unn St r i s pe lu t!" waste with a detay ide of less than 180 days No radioaune C F.nikt) )
ua3tc uhnh tunts a dose tquo alent prater than I nullistm pu > car f or (4) "lonTea Wa3te"mians all nninutin e u a* unludmg m.li the whole body of radianon and or cacceds 5 piwcuries per pam t.nhngs miniammg indy i.nininuthdes niih a do a) hic of less ih.m im l
without mising or dduhng shall be tuluded imm this definition years, but nane dum Jn years, amt ulut h does not iom.un thelainr D'AIO notes this das a used to xpu4c die medical waste kom all aimpiuinis aml whnh does not ennt nn ne Hun in nainn me ci alplu.
odn.r waste Ste 'l)pe A 1:acibly.)
beta to ganmu ermiting nudade pre rnun usiiniut miung os ddutair 12; "Ites lable Wa.ste"meam iadioattisc waste radioactoe pnxl-lur the gnupisc of this def untmn. "h.n kgnunni"in ruhually nu m nny ud or raduatne b)produtt or other tadioactise matenals whnh is ladoniuthdes (olhes than those m nullI.uht go that m.n be stumd.uib tung itoicd uitlniut a w w.te storage lu ense but uluth eau be m.u kthd. ptsent m lhe na* me ruluded to the esh ni llui un > aie noihu or treated and marketed,los a benehtial purp>>e uithin snic year of gun-rated as pu t ol ;n in nws pnnu.uit to a nut lem la ense in a othet uise pmdutmg same No eadmatin e uasle uluth enuts a dose equnalent subjeu to itgulatnm by H.c Nm Ir.n I/rgniator y i Te nnmmnin.unt of an pcater than i nullnem pu ) car for the whole ludy of radmhon mal.m Agrcontnt State No sadmattb e uasle ulm h t unu a dose opm ah m cuted3 5 ptot unes per pam without nuxing or thluting shall be pratet than i nulinam pu p.u los lhe uhole la al) of tathalnin an lin culuded Irom the utluunon ul low lesel waste (pAlW notes 'llits cuerds 5 pnocuors pu pam uishool nnune in ihinhng sh di he uteger) n to idennt) nasto that me bemg slosui uithout breme by culuded imm lhe diloutnin of lou Inti n a* d' Wi i noirs ilus talhng the w aste"nnu>td poduct or b)poduct."cte. 'l kn eategoey put.s tairgos) is smulas to the ledtial am onin pmpisal hn " low leu F a inne hnnt on hon long 50 called punluct, bypmduct or unused w astes. h*m ort. nnll tuhngs.uc nu luded ;n w a* plus u ete omst b t
nuttnau can ut mound m hnk lots. See T)pe Il I auhty )
tr:stal bdoic "miung and thtunny"not ath r a" tesh the u a* b) gnun (1) "3n-) car Wa3te" mtans all saduutuve waste includmg null statmg a maunnun lo tt ol t unes bec I )pe l> l auhis }
t.ulmp.uid icdcrally deugncd " low.in cl" waste u nh a decay ble less (5) "Ikgh in el unte" means all odn s i.nhoaiin e o a* noi ni than t.s ujual 1o.10 )c.us and whith does not untam thtlahng unn-tiudrd m the drhminin of l } "sinn t lo rd on du al shoit in nt onn i lounds and whnh dio not umt nnue th.us I namn.une ul alpha. tacta-n etc." 2) ircp lable u aste, pn =furt os b> po nha t. 4 " to u.n s aMn of gainnu-eenithrig slutlido pu pfinil uldiVot infliilg or dilutilly IIoi l3 n e u.nle, ' of d) "l()() )C.n ladnMt in e %.ish ' lh it ( lti l s l'C l the purpne of this delonhon. "baskpound" or naturally muning l auhtyt) l Take Act~on onSB387! l l
Dear Lt. Gov. Gray Davis,
I l
Presideni of the State Senate and Sen. Uyton Sher, Chairman of the Senate I:nvironmental unahly Gonmndee l
l Thank you for your past help in our elloris to stop the Ward Valley Dumpsite. Now we urye you lo had a ditch 10 UUliY llIAi j
g S0 387 Impact fee 'Oribe Udr in losever. It is obvious that Sen. Wdham Knight is encoinaged to pmmote U3tmology's enhecments through lobbyist. *OMI Government fielations'in a new 199/ version.
l I
The scheme is to seduce Ine City of Needles people into accepting money for their schoob m eu.hange for pulhou on I l
blinders about the eun lasting dangers to salety and health inherent in the planned unkned ditch bmial ul otheially, f alsely l l
classihed
- low lever radioactive wastes. The seductive money offer is also divisive, pithny person agamst person and l l
community agamst conununity, because other cities and settlernents near Wa#d Valley ue not inctoded in the bnbe scenatio. ' l g
Some are so desperately greedy, that the school distdct and USE even bused school chddren to the nuclear dump m Deatty, Nevada, hoping to convince them of how ' safe"it is!
g And, please direct every effort possible to (nake known that the olheial, deceptive dasubcahon of ' low-lever mdioachve I l
w asles must be made honest, so that sensible waste rilanagetnent can proceed PAllO has sent you proposed revisions based l l
on the Ide and commissions of the wastes. Iive categories are proposed to leplace the udsleathog and luo sunphsbc " low /high' l l
labehng devised to provide the uhhkes a camouflage for reactor's waste mix of the most deadiv, long.kved rmhonuchdes. such l I
as plutonium and radioactive resins Medical waste inust be separated from reactor waste g
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N U C L E A ll M A T T E ll S People Against Radioactive Dumping (PARD's)
Draft 'roposal for Reclassifying Radioactive Waste in Ca i"ornia.
G encial Subject. Redefine and reclassify low-level radioactive radionuchdes (other than those in mill taihngs) that may be secondanly waste: radiation wntrol.
present in the waste are excluded to the extent that they are neither An act to add Section i 14UX) and to repeal Section i 14985 (m) of the generated as part of activities pursuant to a nuclear heense nor otherwise ib:alth and Safety Gde, relating to the definition of low, low level subject to regulstion by the Department of l lealth Services. No radioac-taihoacuve waste.
tive waste w hich emits a dose equivalent greater than I millirem per year Section i14Giois added generally for Part 9 Radiation of the llealth for the whole hdy of radiation and'or exceeds 5 picoeuries per gram and S dety Q We.
without mixing or diluting shall be excluded from the definihon of low.
Settion I14600 Definitions les el waste. (PARD mges This category is sinular to the federal res ision (a) As used in this part.
proposal for "iow-les el" wastes, however, mill tailings are included as (1)"Short-ined medical wastelother short-lived waste"means all waste, plus waste must be tested before " mixing and dduting"not alter rathostive waste includmg mdi taihngs and federally designated " low-and tests the waste by gram stating a maximum level of curies See Type lesel" waste with a decay hfe of less than 180 days. No radioactive C Facibiy.)
waste w hich ennts a dose equivalent greater than 1 millirem per year for (4)"100-Year Waste"means all radmactive waste including mill the whole Indy of radinhon and'or exceeds 5 picoeuries per gram tailings contaming only iadionuclides with a decay life of less than 100 without mixing or dduling shall be excluded from this definition. years, but more than 30 years, and which does not contain chelating (PARD inges this class is used to separate the inedical waste from all compounds and which does not emit more than 10 nanocure of alpha,
other waste. See Tyle A Facihty.)
beta or gamma emittmg nuchde per gram without mixing or diluting (2)" Recyclable Waste"means radioactive waste, radioactive pnd-1:or the puquse of this definition,"backgrounJ"or naturally occurnng uct or raduative byprtduct or other raduuctive malenals which is radionuclides (other than dx>se in mill taihngs) that inay be secondarily 1 ing stored without a was;e storage beense but which
.n be marketed, present in the waste are excluded to the extent that they are neither or treatcJ and marketed, for a beneficial puriuse ithin one year of generated as part of activihes pursuant to a nuclear hcense not otherwise paducmg same, No raduuctive waste wluch eni., a dose equivalent subject to regulation by the Nuclear Regulatory Comnussion and'or an greater than i nullisem per year for the whole ir,y of radiation and'or AFrectnent Stale. No raduuctive waste which cnuts a dose equivalent exceeds 5 picocunes per gram without mix' g or dduling shall be greater than i nnihram per year for the whole body of radiation and'or enleded from the defiiution of low-lesel waste. (PARD notes: This exceeds 5 picocuries per gram without maing or dduling shall be category is to identdy wastes that are being stored whhout license by excluded from the dehmtion of low lesel waste (PARD notes.his calhng the waste " unused pnduet or byproduct "etc. This ca!cgory puts category is simdar Io the federal revision propo>al for " low-le5cl" a hme limit on how long so-called product, byproduct or unused wastes, however, mili taihngs arc inchWed as waste, plus waste must be m:teri:15 can sit around m luck lots See Type 11 l'acility) tested twfore " mixing and dduting"not alter an tests the w aste by grain (3)"30Near Waste"means all radauctive waste including mill stating a maximum level of curies See Type D l acihty.)
tathngs und f ederally designed " low-level" waste with a decay hie less (5)"Ihgh level waste" means all other radioactne waste not in-than or equal to 30 years and which does not contain chelinng com-cluded m the delinition of O "short hved medicallslunt-lo ed odier imunds and which does not emit more than I nanocurie of alpha, beta-w aste,"2) recyclable waste, pnduct or by paduct 3)"30-> car rashoac-or
- na rmitting michdes per gram without mixing or ddoting. l'or tive waste." or 4) "100 year raJioactive waste." Refer to Type I r
the ps pose of this defmilion, "lucL round"or naturally occurring IWhip)
F
' ' ON THE RESru1Nd1BLE CARE OF
' ~'
~
RADIOACTIVE MATERIALS Nuclear Guardianship is a citizen commitment to present and future generations to keep radioactive materials out of the biosphere. Recognizing the extreme damage these materials inflict on all life-forms and their genetic codes, Nuclear Guardianship requires:
e interim containment of radioactive materials in I
accessible, monitored storage, so that leaks can be l
repaired, and future technologies for reducing and l
containing their radioactivity can be applied; 1
- stringent limits on transport of radioactive materials, to avoid contaminating new sites, and to
(
minimize spills and accidents;
- cessation of.the production of nuclear weapons and
'\\
l nuclearenergy; n
= transmission'tofuture generations of the knowledge necessary for their self-protection and the ongoing l
guardianship through time.
1 The. Nuclear Guardianship Project is a citizen's educational effort aimed at developing the political, technical and moral understandings required for the responsible care of radioact.ive materials.
.: The Nuclear Guardianship Forum is a publication providing opportunities for ongoing, in-depth l
discussion among citizens, specialists, and policy makers on the responsible careg radioactive materials.
, mwm mys j
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it N U C L E A ll SAN D i l: G O
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Needicss to say, these decisions were j
handled and " mishandled" by gehticians and l
state of ficials w hose definition of " low-level" w as, at bed economically suitable as opposed i
1 to categorically suitable.
}
The label gn en to low radioactive waste as j
it is defined by the Nuclear liegulahny Com-mission includes radioachte waste materials.
E which contain the same hazardous elements i
0 included in high-les el waste.
I low does one designate "high" ftom " low" wben medical waste suth as hnhne 13 I (hat.
t
]
ardous f or 80-160 days)is nnxed with ludme l
129 (hataidous f or 160-320 nnihon ) cars).
The label has lost and continues to lose its credibility.
H 9h Imagine a terminally ill cancer patient and a llu patient undergoing the same exact ucat-ruent for dilleient sympunus, and both cases are categorized as 'the llu ' The treatment 1
3 1
controls the sickness of the latter, and not the j
former. The same idea could be apphed to j
low-Icvel waste management. The high les el 1
M is bei"8 cated as 'o* 'e'e' "hi'h 'ca' es i
high les el waste uncontrolled In "'luw l.evel' Waste, t hgh Level j
ljes," Sherry hiedJack, an linergy and Itadio-active Waste Campaigner for Greenpeace 1
USA, writes, "'I hey (the nuclear industryl j
can't explain Insw the waste can be sale, dari-perous, and hwig lastmg, at the same hme.
4 l
It's hot all a 'lllatter Of ScillalltiCS' Wllell yOU ColHC
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l 10 dC[illing a deadly, (OXiC SubStaHCC likC radioaCliVily duces is so dangesons "
1 By OLilVIA VALDEZ i
l ow - of hitle quannty, Jegree, snterwty, value. llelow others l
In order, po.utwn, rating. Not j
of high runL Try applying the term " low" to just about anything and obsen e how its meaning drasti-cally changes Low rank, low quahty, low l
energy.. It connotes something of a humble
.3 or plebeian nature.
l But this is not always the case. ' Low"as it
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{2,, E is referred to in "Imu-Lesel Itadioactive l
' 'j Waste," is dehmtely not of a " humble" or g" - -
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" plebeian" nature.
Since the Low Lesel Itadioastne Waste l
lblicy Act was prolused in 1980 - an act that
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required each state to regulate rad oactn e waste
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contamed withinits borders - serious allega-
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proposal, allegatmns w hith pms ed ecornuni.
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g cerns.
As a result, the Act allected many is-
,E 5o sues. Of utmost importance was the redefituno 4
of the term " low level," which in turn helps e
define what kind of waste wt uld hase to be managed in each st.,te.
Il lilE SAN DILGO REVILW. hl ARCH 1. lW7
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NUCLEAR SAN DIEGO l
Defme Your Terms!
5
" Low levci" Radiation: liigh Level Hi jinks 4-4-
4 low-lever Hadioachve Wasic is one of the most rms'cadinti toims ever created in the tl S., it is all nuclear waste that is not legally high-i level waste, some transuramt waste, or mill tailings lilGil-tEVfl. ll Aul0 AC ilVE WAS I E
- the irladialed luelfrom the cores of nuclear reactors;
- the liquid and sludge wasics that arc \\cfI ovct alter Irradiated fuel f;
4 w ;,k "h
has been reprocessed (a procedure used to extract uranium and g[,
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- the solid waste tiiat wonM result kom elloits to solidify that liquid d
{y Mf X'."+iy and studge imm leptocessing,
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- Transuranic Wasle is material contammated with radioac!ive e,
cleniciels hcWier than inJiliUlil, such as plutonlulli, neplutilunt, af americium and tuiium S
g
~C 1hese elements:
- have exhemely long, ha/aidous lives-hundreds of thousands to
. Wm,
m[.2
,d millions of years and emit alpha iadiahon, a type of ladiation that is L
especially dangeious it inhaled or swallowed. Some transuranic a
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waste is a!10wed in the low-lever ladioactive waste category.
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' ' %.4 Uran.um Mill laihngs,iesulting h om mining and milhng uranium for
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' l.. 6,, ' I %'];yt weapons and com mer ciah eactol 5, or o not usually included in the ' low-g, d.'
- t level' waste categoly, but inay be hitidled with it in some states.
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WH AT IS ' LOW-LEVEL
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Irradiated Components and Piping reactor hardWale and pipes that E
.r.ff,. N, d;,,3, are in continual contact wsh highly radioactive water for the 2010 30 r
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' d.$ h YA years the reactor operates.
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Control Hods:from the cnte of nuclear power plants-rods that h]
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'S legulate and stop the nuticar scactions in the scactor cores a~
Porson Cuitains. which absorb neuhons from the water in the reactor core and irradiated fuel (high level waste) pool
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T Hesins, Studges, fillets tnd haperator BoHomt kom cleansing h_,
f ',
.,N the water that tiitulates amund the uradiated inelin the reactor i
pc vessel and in the luct pool, which holds the inadialed fuel when it is
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e iq' temoved llum the cole.
i..
Entiac Nuclear Powei Pl.mts if and when they are dismantled
- Q This includes, for example, hom a typical 1,000 megawatt nuclear icactor bnildmg flour ovci 13.000 tons of contaminated concicle 1
The nuclear industry is to blame for the play on words Its tile and over 1.400 tons of contaminated remforcing steel bar.
attempt is to create an unluiown 5 anable out of radioacuve waste, u hk h can then be apphed to any low-Ictel or ingh-level equation its true ll Al.f-l.lf E and il AIAllDOUS Lif E rneaning is evaded - a philosophy Sheny hieddak calls "semanhe lhe Half Lile is the lime 11 takes for ilALF of the radioat. live element to decontaminahon "
decay (give off hall of its radioachydy) Dillerent radioactive elements "Through their words they try to take the term radauctn e waste have different hall hves and turn it into something as innocuous as the tooth feuy,"hieddal lhe Ha/anlous lde of a ratkoathvc element is foout 10 or 20 Hall-Lives (It is best to measure the amount of radiation after 10 or 20 wntes.
The proposed dump site in Ward Valley, the location whidi half hves befnic icleasing waste from active (.onhols )
would serve as the host for so called ' low-les el" waste, brings the ' low Heac r waste minains ha/ai ous I r a mylong tundoshnedsat was n
nn n o s a/a us a m shomunt level"defmthon problem closer to home, and complicates the issue Among the radioactive elements commonly found in nuclear re-even futther. Should the proposal go through, high lesel dements actor ' low-level' waste are. Inhum, wdh a hall hfe of 12 years and a placed m the ' low level" dump could leak waste into the neasby hatardous hfo ni 120 240 years lodme 131. half hieof 8 days ha/ard-Colorado River, producing even more problems. (See ' Ward Valley-ous life of 80160 dag, Shontium 90, hall hfe 0128 year 5, ha/ardous As Near to San Diego as Your I:aucet"in tius issue) hfe of 280 560 years, Nickel 59, half hfe of 76,000 years, ha/ardous hfe Diane D'Anigo. Radioactive Waste lhsect Duectm for Nudcar of 700,0001,520,000 years, and lodme-129, hall kfe of sixteen million Information Resource Senice (NIRS), believes lhe only way to pel years, hazardous hfe of 160 320 mil hon years By contrast, common dumps in place is to preempt democratic powers or to he about the inedical waste iciements inchide Icchnchum 99m, with a half hfe of 6 danger of the waste and to fonc the dumps into communities leasi able hours and a ha/ardons hfe of 2.5-5 days, Gafium-67, half-hle of 78 i
to defend themselves."
hours and ha/anious hfe of I-2 inonths, and lodine-131, with its hall-D'Arrigo also suggests that there be an independent wmnnssion hfe of 8 days and ha/ardous hic of 80160 days reassessmg classificat on Concerned eituens are supportmg the idea in lhe vast majouly of medical waste is hatardous for less than 8 hes of redefining the ' low level" category.
months Yet,it is in the same category as reactor waste that will be Information from "An linergy I act Sheet from NIRS" is meluded hazardous foi hundreds of thousands to milhons of years.
in this issue to aid indniduals in better understandmg the technical Clearly, the dehmtion of ' low-level radioachve waste" must be changed it would make sense to redefmc the mnre t.oncentrated and/
aspects of the ' low-leiel" problem or longer-hved waste as high level (from MHS) lilli SAN 1)l100 RI VH w, M AHrli I, s'n/
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According to the Department," academic" includes Table 2 wasics fromuniversit Half-Lives of Radionuclides cal and non-medical)y hospitals and university (me research facilities. " Medical" in.
ciudes wastes from hospitals and clinics, research facili.
Used in Diagnosis, Therapy and ties and private medical offices.'
Biomedical Research The wastestream generated bvacademic and medi-cai wasic, aiftc,3 marteaiy from the nuclear reactor or u tility waste stream.The hos pital wastes a re domina ted gy, Radionuclide.
Half.Ufe by short-lived radionuclides. With the exception of scaled sources (containing cobalt-60 and cesium-137),
a nin tions -
Krypton.81rn 13 seconds the radionuclides commonly used for diagnostic and (nlemaladministration) Oxygen 15 2 minutes therapeutic purposes have half-hves (and, thus, haz.
Nitro 0en.13 ;
10 rninutes rd ous h ves) tha t canbe meas ured in hou rs or days. (See Carbon.11 20 minutes Tables L and 2.) Because of the short hazardous-lives, Fluorine 18 110 rninutes these radionuclides have the potential to be stored, Technetium.99m 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> instituti n Ily managed and isolated from the environ Gallium 67 78 hours9.027778e-4 days <br />0.0217 hours <br />1.289683e-4 weeks <br />2.9679e-5 months <br /> ment until the material has decayed to undetectable lodine.123 13 hours1.50463e-4 days <br />0.00361 hours <br />2.149471e-5 weeks <br />4.9465e-6 months <br /> I'V' Thallium 201 73 hours8.449074e-4 days <br />0.0203 hours <br />1.207011e-4 weeks <br />2.77765e-5 months <br /> gg ggg g
Indium 111 2.8 days enlly do not enter the hospital " low level" radioactive waste stream. Radionuclides such as cobalt.60 are re-turned to the manufacturer after a number of years of de 8 ys usage when the sources dechne in potency. In some Medical Treatrnent Gold 198 2.7 days cases, the ma nu facturer repackages t he sou rces for ot her Radon.222 3.8 days uses, such as sterilization or calibration of medical Phosphorus 32 14 days equipment and, in some cases, the returned sources are id to individuals orinstitutions in Third World coun.
Yttrium.91 58.6 days 5
t n.
Iridium 192 73 days es. As we will see below this can posesomesigmficant Cobalt 60 5.3 years health and safety problems.
Cesium-137 30 years The problems at resea rch ins tit u tions a re somewhat more complex than at facilities that use radioactivity Calibration Tests Cobalt.60 5.3 years Sclusively for diagnosis and treatment, because of the (non patient use)
Cesium.137 30 years wide use of small amounts of tritium (hydrogen-3)and Radium.226 1600 years carbon-14 to label chemical compounds used in re-search. Both are long-lived and easily incorporated into Research Rubidium.86 18 days biological systems. However, the increasing use of the Copper 64 13 days shorter lived radionuclidesphosphorus 32andsulphur-Sulfur.35 87 days 35 are, to a certain ex tent, replacing tritium and ca rbon-Hydrogen 3(Tritium) 12.3 years 14 n research.
Carbon.14 5730 years Nuclear utility waste poses far graver problems Phosphorus-32 14 days than medical waste primarily because of the specific radionuclides present, their concentra tions and longev6 Provided by Dr. Earl Budin, Associate Clinical Professor ity. According to U.S. Department of Energystatistics on of Radiology, UCLA Medical Center, December 1992.
" low level" radioactive waste shipped for disposal for ihe fouryea rs 1987-1990 (See Table 3.), the radioactivity in curies
- for utility waste far outstripped the academic smallamounts (in curies)of short lived wastes on find-and medical waste with utilities shipping 99% of the radioactivity to burial grounds. Du ring these same four ing a solution to the problems posed by large amounts years, the radioactivity in the medical waste stream of highly concentrated,long-lived wastes, a potentially comprised less than I% and in the academic waste unsolvable problem.
stream less than 1% of the total received at radioactive burial sites.These calculations are based on total activity
- Cornparison of Nuclear Reactor, Research cxclu&g wastes shipped for disposal by the industrial and Medical Waste sector.
If industrial sector wastes are included, the nuclea r The commercial " low-level" radioactive waste utility wastes comprise 84% of the total radioactivity stream is traditionally broken down into four separate categories by state or federal agencies, such as the U.S.
and medicala nd academic wastes remain a t less t han i s of total radioactivity.' The industrial sector include.,
Depart me nt of Energy. Thesc includ e: u tility, ind u s trial, companies that manufacture radionuclides for use in academic and medical wastes.
industrial applications (food irradiation, weld testing, 10
'3,
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6ound'*
Low Level 1(adioactive Waste Disposal: Internation si Practices liy llennett 1(ainlicrg, Pli.D.
Conunittee to liridge the Gap d
Sumniary of International Practices in Low-Level Radioactive Waste Disposal-Shallow Land Caves, Tunnels, Shallow Land Burial in Lined Underground Burialin Unlined Trenches or other Country Structures Mines Trenches Bunkers Technology in use Argentina Planned Belgium intrusion Canada Above ground resistant quadocells &
I" "50 underground above ground structures (intterim) i site under China Under construction; 2
investigation another in design Under Under Croatia linvesbgation investigation in use Czech Republic in use finland in use Terminated in use France Tumulus in use Germany Under in operation Hungary consideration in use in use Tile holes hdia Japan Concrete vaults in use in use Netherlands Under considesation Planned One trench Norway in use Poland in use Deep inicction Russia Dumped into Saudi Arabia sewer; scaled sources returned to supplier Slovenia Under Under investigation investigabon in use South Aftca South Korea Planned Spain Concrete cells Above ground Sweden in use in use storage Switzerland Planned Intenm Tarwan Terminated in the in ue Ukra'ne Chemobyl area United Kingdorri Under Terminated in use investigation
~
M h[_
w ea Ruth Lope /. President of PARD 424 "E" Street Needles. Cahimma 921h1 phone & fas b l9/.126-2519 March 21.1997 Mr. Bruce flabbitt. Secretary United States Department of the Interior Washington. DC 20240 RE: UNDER FLPMA. A NUCli!AR DUMPIS AN ll.l.EGAl,llSE OFTHE CDCA; PARD's standing on intenention.
Dear Secretary Babbiti; Recently. uc alerted you to federal deceptisc radametisc uaste classification and promised you more information on how this issue pertains to the lannui (iled b Rh the Califouisa Depglment of Ugalth Senices (DilS) and U.SEsplogi. (USE) against 3
the U,5 Depann!gnt of the Interior (11Sl]lj in resiening these tuo lausuits tuttachedt you uill note that the Federal Land Polics H!id.hlanagCIDC!1Ltkl1ElfMAlis the legal authority by which land would be transferred from the interior Department: the case hinges upon the judicial interpretation of FLPMA as it pertains to land transfers. Without intenention. PARD fears that the following facts, uhich hase a strong potential to stop the land transfer. may not lx brought forth:
MHUall?.311parLOLilig Cahforgi;LI.hmsafonsenanon ArealCDCA), a sgxcial designation of FLPMA. FLPMA grants the DULVMLpLLandRapagelnqnLtDLM.L its authority to regulate and administer public lands in the CDCA prouded that the management is ur> der the authority of an approsed plan. Congress approsed a plan (which I helped to desclop and implement as a BLM Archaeologist); in 1980 which is conunonly knou n as the " Desert Plan" Tile "l)ESERT Pl.AN", DOES NOT PROVIDE FOR A NtiCl EAR DialP IN Tile CDCA.
This funda nental precept is the grounds for PARD's FLPM A complaint.
Clanification deception was used to jmtify the w rongful siting of an unlined nuclear dump in the CDCA. 'IheCDCA Gohtelines ton file with PARD) nrmide for the sale of " suitable" land for "flarardous" (that** uith a canital"ll") u aste facilities, but not for Radioactise Waste facilities Radioactise w aste is clawed as harardous (small"h")t it is not claoified as liarardous Waste and comes under fulls wnarate renulations and admirstration. (Eshibits on file with PARD).
Further deceit: an area in a designated Desert Plan " Utility Corridor" was selected with the hope that by some stretch of the imagination, a nuclear dump could he considered as a suitable use for a " utility corridor" which are actually strictly limited to the trammioion of utilities by the guidelines (gas / cable /clectric transmission lines and water canals /aqueductst in fact. the Desert Plan states that sites associated with poner generation or transmission. not identified in the plan will be considered through the" Plan Amendment Proecss"(Eshibit on file) !!cre is the hitch: the Plan Amendment Process requires that the BLM desglop ilLQu1Lgrl(crialorjipdmgiuitabiqJandhuctiulietpot prouded for in the Plan The " criteria" used durme the site selection p!pqqss was that of the State of Californiaboyhe USDI-BLM's (see attachedL Further. the site selection process was completed DL!!.Pudtet propsigentMalogyLpogwm with a deplorable track record -not the State of California N
The site selection proccw was llaned in many other countless na3s f ue base an entire file of esidence on this issuet We objected when the Ward Valle3 utility corridor land uas "uithdrau n" from mineral and agricultural entry based upon the fact Ihat
.it was tving withdraun to stud. with intent to sell. public land for an illegal purpose. Our small. hical " grass roots" group.
3 PARD has standing-cur consistent oljection to the siting of a nuclear dump m the CDCA is on record. throughout the admimstratise and NEPA (National Emironmental Policy Act)' process As oryesterday, the Alliance of Atomic Veterans has indicated their desire tojom with us on intenention-their salid nune claim stakes ucre remosed when the land was withdrawn PARD belieses that ne hase esidence that the withdrawal notices were backdated Iplease refer to the attached ellou post card )
3 Yours for emironment.d peace. equity andjustice.
$bh Ruth Lope /
~
a'&
Ruth Loin. President of PARD 424 'lI Slrect A Needles. California 92341 phone & fas ~ @ hup 9 March 27.1997 Mr. ilruce llabbitt. Secretary United States Department of the Intenor Wathington. DC 20240 RE: WARD YAl LEY llAIT AN D SWrICll-Indemnity Selection u. Land Sale.
Dear Secretary Habbitt:
We have now alerted 0u to federal deceptise radmactise wasic classi0 cation. and our opinion that the sale of pubhc land in the 3
- California Desert Conscrianon Area (CDCA) for a nuclear dump is inconsistent with the prosisions of the Desert Plan (FLPMA).
You ~ may be asking yourself how could such an alleged fraud upon the public go unnoticed for this long? It is a simple matter of bait and suitch which obfuscated. confused and confounded the public. In 1990, the public uas led to beliese that the BLM had no choice as to how the State " applied for" acreage in Ward Valley would be used. In correspondence to us dated October J,199n. C3 Jamison, then Director of the Bureau of Land Management stated:
"for Yarious reaAnnA, the I ederal GorenHHent oweA the State of(ith tornia ajysnivinhtte/V 341.000 acreA of'puhhc lathh to replace State Athool lands loAt in place betanAt ofopfsroprialltui helore title conhlpaAA to the State. }he State haA the anthority to se/cci the 30.0010 at re.s front pubite isnHb within the State. Once tide iA tran3lcrred to the State, the Ill.M no honger haA any altthonty In Hhinage th0Ae lantb.
"The EIN is being prepared becanse the State of Cahjornia has requested that the lI ard Iidley lamh he transterred to them as part ofthe Federal Gorenunent 's debt to them. I ptm transler oftitle, the State wiH detennine 11 the chunp shonhi he authori:ed there or
> nnen here else.J Hecause the Federal Gm enunent on es the State approximately 50.000 ac res, it is the respansihthly of the Hl.M to tranpler the land to the State, ii the transfer is in c<mlormance with our huni use plamung and the transler wiH not innsact any Federal 1srocrams. 1here/bre, the State of California, not the Hl.M, wiH nitimately decide if nuclear waste will be stored on the itirrd iidler isroverty,"
Again. on May 22.1991 in correspondence from Ed Haste 3. State Director, the public was adsised that "7hc thnetm '3 ac non is a proposed conveyance of huid to the State of Cahlkrnia uhile (lghtensmg and sitine of the facilitr is the reymnsibility of the California llevartment of flealth Services uhtch udlholdlicense hearings aller the ROD" Thus. prior to 1992. the BLM claimed that their resicu of the emironmental data nas to determine if school land endemnits I
- t.gicqlign _nould base an impact upon the emironment or Federal programs. It was not until 1992. uhen the State Lands Commission (including Leo McCarthy and Grey Dasis) withdrew their request for the 1000 acres. did the BLM tell the public of their miention to dispec of the land by direct sale to the State of California. It was at this point. that the HlAl had the resnomibilits to comider the nurnow for w hich the lamt would be sold ami shouhl hase:
O hegan their own site selection process hawd upon siting criteria comistent with the Desert Plan.
- 2) completed a Desert Plan Amendment u hich would hage addressed this new me of the CDCA, and J) completed an eminmmental awessaient or impact stud for the Plan Amendment w hich would hase 3
addreswd the iwuc of dipmal oflands within the CDCA for the purpow of nudcar dumps.
1 Instead. the ULM simply ame~ndal the " State of California Indemnity Selection & l.mr-l.erel Radicadire Hinte Iireility Final EnrironmentalImpact Report /Ntatement (NCll ###52303)" dated April 1991. uilh a brief statement that the purpose of the land tramfer would tv for direct sale of the hnd for a nuclear dump instead of for indemnity selectmn.
l
' You should also tv aware. that the application for indemnity selection for Section 34 was made on 2/10/M9 by the California State Lands Commission. On 3/4/89 a Federal Register notice regarding the application was published. but ne base no notice that the land was withdrawn from mineral entry until aller Anthony Guarisco of the Alliance of Atomic Yeterans filed a mining claim in Section 34 on August 14.1990 We understand that ULM Rangers may base remosed these salid claim stakes and a withdrawal notiec may hase been backdated ' We need to subpoena current and former BLM cmployees regarding this powible fraud against a
'salid user of public lands. Intenention in the tuo lausuits (DilS ss. USDI and USEcologs ss. USDH is urgent and necessan.
)
Please phone or fas me as soon as possible. Yours for em ironmental peace. equity andjustice.
/6 6,g, #
Ruth Lope /
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Environmental Justice & Equity for All 76n/ 326-4t ix 42n-E streci i
Needles. CA 92361 PLEASE ItEAD AllTICLE I.6 aml 3.1 OF Tile SOUTilWESTEltN LOW-LEVEL ItADIOACTIVE WASTE COMPACT COMMISSION'S NEW "UNIFOllM MANI-FESTING PitOCEDUllES"-
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1.6 The Uniform Manifest Rule and related commentary by NRC staff allms states and compact comminions discretion in determiring the party to whom low-lesel radioactise waste resulting from decontamination and incineration artisities and the discarding of scaled sources should be attributed.
3.1 Low-lesel radioactise waste resulting from decontamination or incineration artisities shall be deemed to hase been generated in the compact reuion or unaffiliated state in which decontamination or incineration octnrs if the naste is rnidual waste. (" Residual waste." as defined in the Uniform Manifest Rule, means " low-lesel radioactise naste resiting from procening or decontamination artisities that cannot he casily separated into distinct batches attributahic to specific w aste generators.")
////S /N /NC/ED////./C Are Commissioners saying that waste can be generated in Illinois, driven through the Dakotas and imported to California as Dakota waste depending upon the Conunissions discretion?
Isn't this stretching their powersjust a little?
it is also ipereslible_thatj!1c_ntan![e. sting procedures which were approicd_ofmdo not include a requirement to discipicJpeci[!cmte especially when Article 3 I statesjhat the waste can only be_ attributed tojhe waste m
EqILeritint's_fagilily if_ypu know what the specilie waste is.ifit can be easily 2epatated_intoalistinct batches it!!((htil;tille_lpJpecific wasttgeperatorsM!
Dogsjhis mean thatthe Conimjssiotunay allow out-of-state wattejo_be_ imported.tofali.tigttia inchietated m
here and then call it California waste? The residual waste from incinerators here will then be Califi>rnia's responsibility?
The Commission has been approving _a. great deal ofimportation of radioactive waste for incintration-lhq radioitctiyc waste _irtt]1is_ state will be buillup to outrageous _ proportions -do they_ hope _to i
force a nucleautump in Wald Valley _and relieve the liability of the generatody_ approving _such l_oopholes disgu_ised as "Unili>rm Manifesting I!rocedures'.?
J 1
The Southwestern Low-Level Itadioactive Waste Compact Commission must he dissolved before more damage is done to California.
The Uniform Manifesting Procedures and other laws passed by the Commission must be ibund to be unconstitutional as rules promulgated by an illegalinterstate authority and not by our state legislators There was no opportunity for the public to review this critical document.
I hope that you will ask Don J. Wolmedorf of the Southwestern Low-l evel Radioative Waste Commission 1
for a copy of the" Uniform Manifest Rule"and related conunentary by NRC stalf j
Pl, EASE S Wl' cal.lFORNI A-PASS 1,l'GISI,ATION TO WITHDRAW FROM THE COMPACT
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V.
ACCESS TO FACILITIES IN THE SOUTHWESTERN REGIO A.
Generators located in the Central Midwest Region are hereby allowed to use the following facilities located in the Southwestern Region for the treatment or storage of waste generated in the Central Midwest Region.
,1.
PWN - Environmental 2
2820 La Mirada Drive, Suite H Vista, CA 92083 i
h 2.
Environmental Management & Control 3106 South Faith Home Road Turlock, CA 95380
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3.
Allied Technology Group 47375 Freemont Blvd.
l gt, CA 94538 4.
Thomas Gray & Associates, Inc.
j 1205 W. Barkley Avenue Orance 92668 4,CA i
B.
Generators located in the Central Midwest Region are expressly denied permission to use any facility in the Southwestern Region not specifically named in this Agreement.