North Carolina General Statutes
Chapter 104E - North Carolina Radiation Protection Act
§ 104E-26 - Standards and criteria for licensing low-level radioactive waste facilities.

104E-26. Standards and criteria for licensing low-level radioactive waste facilities.
Standards and criteria for licensing low-level radioactive waste facilities shall be developed by the Commission. Such standards and criteria shall be developed with public participation and shall be incorporated into rules adopted by the Commission for the licensing of such facilities. Standards and criteria shall be consistent with all applicable federal and State law, including statutes, regulations and rules; shall be developed and revised in light of the best available scientific data; and shall be based on consideration of at least the following factors:
(1) Hydrological and geological factors, including flood plains, depth to water table, groundwater travel time, soil pH, soil cation exchange capacity, soil composition and permeability, cavernous bedrock, seismic activity, slope, mines, climate and earthquake faults;
(2) Environmental and public health factors, including air quality, quality of surface and groundwater, and proximity to public water supply watersheds;
(3) Natural and cultural resources, including wetlands, gamelands, endangered species habitats, proximity to parks, forests, wilderness areas, nature preserves, and historic sites;
(4) Local land uses;
(5) Transportation factors, including proximity to waste generators, route safety, and method of transportation;
(6) Aesthetic factors, including the visibility, appearance, and noise level of the facility. (1987, c. 850, s. 15.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 104E - North Carolina Radiation Protection Act

§ 104E-1 - Title.

§ 104E-2 - Scope.

§ 104E-3 - Declaration of policy.

§ 104E-4 - Purpose.

§ 104E-5 - Definitions.

§ 104E-6 - Designation of State radiation protection agency.

§ 104E-6.1 - Conveyance of land used for low-level radioactive waste disposal facility to State.

§ 104E-6.2 - Local ordinances prohibiting low-level radioactive waste facilities invalid; petition to preempt local ordinance.

§ 104E-7 - Radiation Protection Commission Creation and powers.

§ 104E-8 - Radiation Protection Commission - Members; selections; removal; compensation; quorum; services.

§ 104E-9 - Powers and functions of Department of Health and Human Services.

§ 104E-9.1 - Restrictions on use and operation of tanning equipment.

§ 104E-10 - Licensing of by-product, source, and special nuclear materials and other sources of ionizing radiation.

§ 104E-10.1 - Additional requirements for low-level radioactive waste facilities.

§ 104E-10.2 - Conveyance of property used for radioactive material disposal.

§ 104E-10.3 - Low-level radioactive waste facility access licenses.

§ 104E-11 - Inspections, agreements, and educational programs.

§ 104E-12 - Records.

§ 104E-13 - Administrative procedures and judicial review.

§ 104E-14 - Impounding of materials.

§ 104E-15 - Transportation of radioactive materials.

§ 104E-16 - Nonreverting Radiation Protection Fund.

§ 104E-17 - Payments to State and local agencies.

§ 104E-18 - Security for emergency response and perpetual maintenance costs.

§ 104E-19 - Fees.

§ 104E-20 - Prohibited uses and facilities.

§ 104E-21 - Conflicting laws.

§ 104E-22 - Tort claims against persons rendering emergency assistance.

§ 104E-23 - Penalties; injunctive relief.

§ 104E-24 - Administrative penalties.

§ 104E-25 - Performance objectives, technical requirements and design criteria applicable to low-level radioactive waste disposal facilities; engineered barriers.

§ 104E-26 - Standards and criteria for licensing low-level radioactive waste facilities.

§ 104E-27 - Volume reduction required.

§ 104E-28 - Limited liability for volunteers in low-level radioactive waste abatement.

§ 104E-29 - Confidential information protected.