(1) The site must not be located at the Western New York Nuclear Service Center in West Valley, NY.

(2) The site must be capable of being licensed and permitted under all applicable State and Federal laws.

(3) The primary emphasis in disposal site suitability must be given to isolation of wastes, a matter having long-term impacts, and to disposal site features that ensure that the performance objectives of sections 382.10-382.15 of this Part are met as opposed to short-term convenience or benefits.

(4) The site and the associated hydrology, geologic formations and groundwater flow systems affecting land disposal facility performance must be capable of being defensibly characterized, modeled, analyzed and monitored.

(5) The site must include a buffer zone which must be maintained until the end of the institutional control period and of sufficient extent, considering the proposed method or methods of disposals:

(6) Any site to be used for disposal of mixed low-level radioactive and hazardous wastes must be capable of meeting the applicable provisions of article 27 of the ECL and regulations promulgated pursuant thereto.

(7) The site must not be located where currently existing radioactive material, including but not limited to naturally occurring radioactive material, may mask the monitoring program.

(1) The disposal units must not be located downstream of a dam or other man-made or natural structure where failure of such structure could adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10-382.15 of this Part.

(2) The site must not be located where potential adverse effects on surface water quality could result in contravention of water quality standards or an impairment of the best intended usage as specified in Parts 701 and 702 of this Title.

(1) The site must not be located in an area where past, present or future exploration or exploitation of natural resources could adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10-382.15 of this Part.

(2) The site must not be located where existing mined openings and/or boreholes could adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10-382.15 of this Part or could prevent reliable modeling or analyses.

(1) The present and projects geologic and hydrogeologic setting of the site, including the effects of construction, must be compatible with the waste disposal method.

(2) The site geology, soils and hydrogeology must have characteristics and properties which will retard the movement of radionuclides,.

(3) The site must not be located where potential adverse effects on groundwater could result in contravention of groundwater quality standards or an impairment of the best intended usage as specified in Parts 701, 702 and 703 of this Title.

(4) The regional groundwater flow systems must provide a sufficiently long pathway and slow transit time from the land disposal facility to the discharge area to ensure that the performance objectives of sections 382.10-382.15 of this Part are met.

(5) The hydrogeologic unit on or within which waste is disposed must not discharge groundwater to the surface within the disposal site.

(1) The site must not be located where present and projected effects from population growth and other developments, including but not necessarily limited to residential, industrial, military, recreational, commercial and institutional developments, may have the potential to adversely affect the land disposal facility's ability to meet the performance objectives of sections 382.10-382.15 of this Part or mask the environmental monitoring program.

(2) The site must be located on real property to which the State of New York can obtain title in fee or any interest therein, as may be necessary.

(3) The site must be located, based on a consideration of population density in the vicinity of the site, to keep the potential population dose as low as reasonably achievable.

(4) No part of the site shall be located within any village, town, city or unincorporated area having an average population density of more than 1,000 individuals per square mile, as determined from the results of the 1980 decennial count of the U.S. Census or more recent census of the United States, New York State, or any political subdivision thereof.

(5) The site must be of sufficient size to ensure the performance objectives of sections 382.10-32.15 of this Part can be met.

(6) The site must not be located on any lands or reservations of Indian tribes or nations or on lands that are not subject to the laws and regulations of the State of New York, including but not limited to lands owned by the Federal government.

(1) The site must not be located on real property owned in fee by the Federal, State or municipal governments, or in which such governments have a lesser interest, where the alienation or use of such property is restricted by constitutional provision or statute, including but not limited to property which is:

(2) The disposal site must not be located on real property where the alienation or use of such property is restricted by Federal or State statute, including but not limited to property which is:

(3) The site must not be located on real property which is within the Adirondack or Catskill Parks, as defined in ECL section 9-0101(1) and (2), respectively.

(4) No part of the site may be located on real property which is within any National or State Park.

(5) No part of the site may be located on real property which is within any municipal park established as of December 31, 1987, or within any addition thereto.

(6) The site must be located to minimize adverse impacts on agricultural lands and agricultural operations. The site must be located to minimize adverse impacts on agricultural districts, in accordance with the provisions of article 25-AA of the Agriculture and Markets Law. The site must not contain more than five acres of lands in active agricultural use in mineral soil groups 1-4 as classified by the New York State Land Classification System, established by 1 NYCRR Part 370.

(7) The site must not be located in the critical habitat of any endangered or threatened species as determined pursuant to title 16 of chapter 35 of the United States Code (see section 382.99 of this Part), or in an essential habitat, as determined by the department, of a species which is designated as endangered or threatened pursuant to article 11 of the ECL, or designated as a species of special concern in Part 182 of this Title. An essential habitat does not include incidental areas passed in migration, other areas of casual use, or potential habitat.