ML20247B067
| ML20247B067 | |
| Person / Time | |
|---|---|
| Issue date: | 12/16/1988 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Cohen W SENATE |
| References | |
| REF-WM-3 CCS, NUDOCS 8903290276 | |
| Download: ML20247B067 (2) | |
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The Honorable William S. Cohen United States Senate Washington, DC 20510 i
Dear Senator Cohen:
I am responding to your November 8,1988 letter to Chairman Zech, in which you inquired about who would be financially responsible and liable for the safe operation of the site after the 100 years of institutional control.
The responsible party would be the Federal or State government agency that owns the low-level waste disposal facility. NRC regulations, 10 CFR Part 61, (copy enclosed), require that the facility may only be located on land owned by the Federal or a State government. This requirement is intended to provide for long-term government control of the land used for disposal of low-level waste.
In addition, two types of institutional control, termed active and passive, are associated with government land ownership. Each is discussed further below.
Also, assuming that the Comprehensive Environmental Response, Compensation, and Liability Act is in effect after the 100 year institutional control period, other responsible parties may be identified.
10 CFR Part 61 provides for active institutional control of a closed low-level was:a facility by the Federal or State landowner for a 100-year institutional antrol period, after facility closure. During that time, the regulation requires that the facility's custodial agency be licensed either by NRC or the appropriate Agreement State, pursuant to compatible Agreement State regulations. Further, the custodial agency must control access to the f a cility . At tt. end of the institutional control period, if the facility has performed satisfactorily, the license may be terminated in accordance with the terms of 10 CFR Section 61.31 (or compatible State regulation).
Beyond the 100-year active institutional control period, no license is required. Passive institutional control of the site would be exercised by the government landowner through continued government land ownership and control of the site, appropriate restrictions on the property deed to restrict future land use, and the transfer of records detailing the location and quantity of wastes contained in the site to local, state and federal agencies. In the i development of Part 61, flRC considered that active institutional controls i should not be relied on after 100 years to protect the public hecith and t i
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'The Honorable William S. Cohen 2 safety. Af ter 100 years, continuing assurance of safety is provided by l
radioactive decay, the use of stable waste forms and barriers for higher activity wastes and the continuance of the passive institutional controls mentioned above.
I hope that this has been responsive to your inquiry.
Sincerely, g ' ' '
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[ictorStello, .
Executive Director for Operations
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