Regulations for the Operation Permit of Radioactive Waste

2014-09-19
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Article 1
These Regulations are formulated pursuant to Paragraph 1, Article 25 of the Nuclear Material and Radioactive Waste Management Act.
Article 2
These regulations shall govern the application for the operating permit for the import, export, transit, transshipment, transport, discard or transfer of radioactive waste.
Article 3
To apply for a transport permit of radioactive waste, the provisions set forth in the Regulations for the Safe Transport of Radioactive Material shall be satisfied, and the consignor or the carrier shall submit a transport plan to the competent authority for approval. Before each shipment, a transport document shall be prepared and sent to the competent authority for reference.
The transport plan referred to in the preceding paragraph shall include the following contents:
1.Type, characteristics and quantity of the radioactive waste.
2.Transport route, equipment, machines, packaging, and the possible rest points in the transport process.
3.Task grouping and communication measure of the worker.
4.Operating procedure.
5.Radiation dose assessment and radiation protection measures.
6.Accident assessment and emergency response measures.
To apply for the transport permit for high-level radioactive waste as specified in Paragraph 1, a security control plan shall be attached. The security control plan shall state the following matters:
1.Description of the organization and tasks of security control personnel.
2.Training and drilling of the security control personnel.
3.Security control measures.
4.Perimeter control during emergency incidents.
5.Communication and notification method
Article 4
During the transport of unshielded low level radioactive waste package, the radiation level at 3m from the external surface shall not exceed 10mSv/h.
Article 5
Except for radioactive waste packages under special arrangement in accordance with the Regulations for the Safe Transport of Radioactive Material, the maximum radiation level under routine conditions of transport shall not exceed 2mSv/h at any point on, and 0.1mSv/h at 2 m from the external surface of the conveyance and 0.02mSv/h at driver and assistant’s seat.
Article 6
For radioactive waste packages transport by road, shall be conducted in accordance with the approved transport plan and the following provisions:
1.The transport shall be escorted by qualified trained personnel; and transport document, material safety data sheet (MSDS), radiation detecting equipment, communication equipment, accident treatment equipment, and transport plan shall be carried with.
2.Where necessary, the consignor or the carrier may request the local and along the transport route police offices to implement traffic control and remove obstacles from the way or provide escort.
Article 7
For radioactive waste packages transport by rail, shall be conducted in accordance with the approved transport plan and the following provisions:
1.Shall be transported by exclusive use train or wagon of cargo train.
2.The transport shall be escorted by qualified trained personnel; and transport document, material safety data sheet (MSDS), radiation detecting equipment, communication equipment, accident treatment equipment, and transport plan shall be carried with. When the train stops at an intermediate station, the escort shall get off the train for surveillance.
3.The consignor of radioactive waste shall inform the carrier about the related transport documents in advance, and request the police offices at the predetermined intermediate stations to provide escort where necessary.
4.When the train arrives at the destination station, the packages shall be picked up under the supervision of radiation protection personnel, and may not be storage in transit unless in case of Force Majeure.
Article 8
For radioactive waste packages transport by sea, shall be conducted in accordance with the approved transport plan and the following provisions:
1.The packages shall be stowage in isolated compartments or freight containers.
2.The transport document, material safety data sheet (MSDS), and transport plan shall be carried in the transport vessel.
3.The consignor of radioactive waste shall inform the carrier about the related transport documents in advance, and request the police offices at the predetermined destined harbors to provide escort where necessary.
4.When the vessel arrives at the destination harbor, the packages shall be picked up under the supervision of radiation protection personnel, and may not be storage in transit unless in case of Force Majeure.
5.Before to carry out a domestic waterway transport, the weather forecast in the duration of transport shall be forward to the competent authority for reference.
Article 9
In addition to being in accordance with the provisions in three aforementioned Articles, the provisions of Article 6 to Article 8 of the Regulations for the Nuclear Fuels Operational Safety Management shall govern the application of high-level radioactive waste packages.
Article 10
To apply for import of radioactive waste, the applicant shall have any of the following qualifications:
1.Operator of radioactive waste treatment facility.
2.Operator of radioactive waste final disposal facility.
3.Exporter of radioactive waste in case that the original waste or the waste after treatment should be returned.
Article 11
To apply for import permit of radioactive waste, an application form enclosed with a transport plan and the following documents shall be submitted to the competent authority for approval:
1.Photocopy of the export permit issued by the exporting country, which shall be notarized by the overseas missions of the Republic of China.
2.The Chinese translation of the export permit referred to in the preceding subdivision, which shall be notarized by the overseas missions of the Republic of China or by the domestic public notaries.
3.Photocopy and Chinese translation of the written contract signed by the applicant and the exporting institute as well as other related documents.
4.The purpose and the treatment methods of imported radioactive waste.
5.Type, characteristics, quantity, nuclides activity and packaging of the radioactive waste.
6.Photocopy of operation permit of the receiving facility and the planning on the volume estimation, return and disposal measure of secondary waste.
The transport plan referred to in the preceding paragraph shall include the contents set forth in the paragraph 2 of Article 3.
The Act Governing Relations between the People of the Taiwan Area and the Mainland Area shall govern the authenticity of the document produced in the Mainland Area in Subparagraphs 1 and 2 of Paragraph 1,
Article 12
To apply for export of radioactive waste, the applicant shall have any of the following qualifications:
1.Producer of radioactive waste.
2.radioactive waste management institutes designated or selected by the government or established by the producer.
3.Importer of radioactive waste in case that the original waste or the waste after treatment should be returned.
Article 13
To apply for export permit of radioactive waste, an application form enclosed with a transport plan and the following documents shall be submitted to the competent authority for approval:
1.Photocopy of the import permit issued by the receiving country, which shall be notarized by the overseas missions of the Republic of China.
2.The Chinese translation of the import permit referred to in the preceding subdivision, which shall be notarized by the overseas missions of the Republic of China or by the domestic public notaries.
3.Photocopy of the certificate on the management capability of receiving institute.
4.Assessment documents conform to the related safety requirements set forth in the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management issued by the International Atomic Energy Agency.
5.Photocopy and Chinese translation of the operation permit of receiving facility.
6.Photocopy and Chinese translation of the written contract signed by the applicant and the receiving institute as well as other related documents.
7.Relevant laws, regulations as well as inspect and examine requirements of the receiving country on the low level radioactive waste (original and English or Chinese version) and assessment documents of its safety-related requirements.
The transport plan referred to in the preceding paragraph shall include the contents set forth in the paragraph 2 of Article 3.
The Act Governing Relations between the People of the Taiwan Area and the Mainland Area shall govern the authenticity of the document produced in the Mainland Area in Subparagraphs 1 and 2 of Paragraph 1,
Article 14
To apply for transit or transship permit of radioactive waste, an application form enclosed with the following documents shall be submitted to the competent authority for approval:
1.Photocopy of the certificate on the accident compensation liability insurance set forth in the Nuclear Damage Compensation Law of the Republic of China, which shall be notarized by notary public.
2.Photocopy of the approval issued by the exporting country (state of origin).
3.Photocopy of the approval issued by the importing country (state of destination).
4.Transport document.
Without the approval of the competent authority, any radioactive waste applying for transit or transship may not be unloaded. For the waste unloaded with approval, the consignor shall dispatch personnel to perform the whole course escort.
Article 15
To apply for assignment permit of radioactive waste, an application form describing the following matters and enclosed with the certificates of radioactive waste treatment, storage or final disposal facility issued by the competent authority to the assignee, shall be submitted to the competent authority for approval:
1.Type, characteristics, quantity, assignment purpose, nuclides activity and packaging of the radioactive waste.
2.Effective duration of the assignment contract and predetermined date of assignment.
3.Delivery method.
Article 16
To apply for discard permit of low level radioactive waste, an application form describing the following matters shall be submitted to the competent authority for approval:
1.Type, characteristics, quantity, nuclides activity and packaging of the low level radioactive waste.
2.Discard method and place.
Article 17
To apply for the radioactive waste transport, which governed by Nuclear Damage Compensation Law, the consigner or operator shall, upon filing application, additionally submit the original of the liability insurance or financial guarantee, or its photocopy notarized by public notaries.
Article 18
In case of any of the following abnormal or emergent events during operations of radioactive waste, the consignor or the carrier shall notify the competent authority within two hours and submit a written report within 30 days:
1.Essential threat will be caused to the safety of operations of radioactive waste, or the safety of implementation will be encumbered due to natural disaster or other factors.
2.The radiation dosage received by any person exceeds the limit set forth in the Safety Standard for Protection against Ionizing Radiation.
3.Accident occurs during the loading, unloading or transport of radioactive waste.
4.The radioactive waste is lost, stolen, or sabotaged.
Article 19
Where the weight of low level radioactive waste is less than 1,000kg and the activity is less than the activity limits for excepted package set forth in the Regulations for the Safe Transport of Radioactive Material, it is not necessary to submit a transport plan. When implementing the transport, the transport document shall be prepared for the competent authority to examine.
Where the specific activity or the gross activity of radionuclide in the low level radioactive waste is less than the activity concentration for exempt material or the activity limit for exempt consignment set forth in the Regulations for the Safe Transport of Radioactive Material, it is not necessary to submit the transport plan and the transport document.
Article 20
The competent authority shall prescribe the formats of the application forms set forth in these Regulations.
Article 21
These Regulations shall come into force as of the date of promulgation.