6 CRR-NY 383-1.5NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER C. RADIATION
PART 383. REGULATIONS FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES FINANCIAL ASSURANCE REQUIREMENTS
SUBPART 383-1. GENERAL PROVISIONS
6 CRR-NY 383-1.5
6 CRR-NY 383-1.5
383-1.5 Variances.
(a) Unless otherwise precluded by law, the department may, upon written application from any person who is subject to this Part, grant a variance from one or more provisions of this Part except the performance objectives under the conditions set forth in this Subpart. An application for a variance must:
(1) identify the specific provisions of this Part from which a variance is sought;
(2) demonstrate to the satisfaction of the department that compliance with the identified provision would impose on the applicant or the public an unreasonable safety or economic hardship;
(3) demonstrate to the satisfaction of the department that, with the requested variance in effect, there would be reasonable assurance that the performance objectives would be met; and
(4) demonstrate to the satisfaction of the department that the requested variance would:
(i) cause no significant adverse impact on the environment, natural resources, or the public health, safety and welfare; and
(ii) would be consistent with the other provisions of the ECL and this Part and Part 382 of this Title.
(b) In granting a variance pursuant to this section, the department may impose specific conditions reasonably necessary to ensure that the granting of such variance will cause no significant adverse impact on the environment, natural resources, or on the public health, safety, or welfare.
(c) Any United States Department of Energy contractor or subcontractor operating in this State is exempt from the requirements of this Part to the extent that such contractor or subcontractor is involved in selecting, characterizing, developing, operating, closing, or maintaining a site to be used by the Department of Energy for disposal of low-level radioactive waste pursuant to Federal law.
6 CRR-NY 383-1.5
Current through June 30, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.