WAC 246-252-010
Definitions. The following definitions
apply to the specified terms as used in this chapter.
(1) "Aquifer" means a geologic formation, group of
formations, or part of a formation capable of yielding a
significant amount of groundwater to wells or springs. Any
saturated zone created by uranium or thorium recovery
operations would not be considered an aquifer unless the zone
is, or potentially is (a) hydraulically interconnected to a
natural aquifer, (b) capable of discharge to surface water, or
(c) reasonably accessible because of migration beyond the
vertical projection of the boundary of the land transferred to
long-term government ownership and care in accordance with WAC 246-252-030(11).
(2) "As expeditiously as practicable considering
technological feasibility," for the purposes of Criterion 6A,
means as quickly as possible considering: The physical
characteristics of the tailings and the site; the limits of
available technology; the need for consistency with mandatory
requirements of other regulatory programs; and factors beyond
the control of the licensee. The phrase permits consideration
of the cost of compliance only to the extent specifically
provided for by use of the term "available technology."
(3) "Available technology" means technologies and methods
for emplacing a final radon barrier on uranium mill tailings
piles or impoundments. This term shall not be construed to
include extraordinary measures or techniques that would impose
costs that are grossly excessive as measured by practice
within the industry (or one that is reasonably analogous),
(such as, by way of illustration only, unreasonable overtime,
staffing, or transportation requirements, etc., considering
normal practice in the industry; laser fusion of soils, etc.),
provided there is reasonable progress toward emplacement of
the final radon barrier. To determine grossly excessive
costs, the relevant baseline against which cost shall be
compared is the cost estimate for tailings impoundment closure
contained in the licensee's approved reclamation plan, but
costs beyond these estimates shall not automatically be
considered grossly excessive.
(4) "Closure" means the activities following operations
to decontaminate and decommission the buildings and site used
to produce by-product materials and reclaim the tailings
and/or waste disposal area.
(5) "Closure plan" means the department approved plan to
accomplish closure.
(6) "Compliance period" begins when the department sets
secondary groundwater protection standards and ends when the
owner or operator's license is terminated and the site is
transferred to the state or federal agency for long-term care.
(7) "Dike" means an embankment or ridge of either natural
or man-made materials used to prevent the movement of liquids,
sludges, solids, or other materials.
(8) "Disposal area" means the area containing by-product
materials to which the requirements of Criterion 6 apply.
(9) "Existing portion" means that land surface area of an
existing surface impoundment on which significant quantities
of uranium or thorium by-product materials had been placed
prior to September 30, 1983.
(10) "Factors beyond the control of the licensee" means
factors proximately causing delay in meeting the schedule in
the applicable reclamation plan for the timely emplacement of
the final radon barrier notwithstanding the good faith efforts
of the licensee to complete the barrier in compliance with
paragraph (a) of Criterion 6A. These factors may include, but
are not limited to:
(a) Physical conditions at the site;
(b) Inclement weather or climatic conditions;
(c) An act of God;
(d) An act of war;
(e) A judicial or administrative order or decision, or
change to the statutory, regulatory, or other legal
requirements applicable to the licensee's facility that would
preclude or delay the performance of activities required for
compliance;
(f) Labor disturbances;
(g) Any modifications, cessation or delay ordered by
state, federal, or local agencies;
(h) Delays beyond the time reasonably required in
obtaining necessary government permits, licenses, approvals,
or consent for activities described in the reclamation plan
proposed by the licensee that result from agency failure to
take final action after the licensee has made a good faith,
timely effort to submit legally sufficient applications,
responses to requests (including relevant data requested by
the agencies), or other information, including approval of the
reclamation plan; and
(i) An act or omission of any third party over whom the
licensee has no control.
(11) "Final radon barrier" means the earthen cover (or
approved alternative cover) over tailings or waste constructed
to comply with Criterion 6 of WAC 246-252-030 (excluding
erosion protection features).
(12) "Groundwater" means water below the land surface in
a zone of saturation. For the purposes of this chapter,
groundwater is the water contained within an aquifer as
defined above.
(13) "Leachate" means any liquid, including any suspended
or dissolved components in the liquid, that has percolated
through or drained from the by-product material.
(14) "Licensed site" means the area contained within the
boundary of a location under the control of persons generating
or storing by-product materials under a department license.
(15) "Liner" means a continuous layer of natural or
man-made materials, beneath or on the sides of a surface
impoundment which restricts the downward or lateral escape of
by-product material, hazardous constituents, or leachate.
(16) "Milestone" means an action or event that is
required to occur by an enforceable date.
(17) "Operation" means that a uranium or thorium mill
tailings pile or impoundment is being used for the continued
placement of by-product material or is in standby status for
such placement. A pile or impoundment is in operation from
the day that by-product material is first placed in the pile
or impoundment until the day final closure begins.
(18) "Point of compliance" is the site specific location
in the uppermost aquifer where the groundwater protection
standard must be met.
(19) "Reclamation plan," for the purposes of Criterion
6A, means the plan detailing activities to accomplish
reclamation of the tailings or waste disposal area in
accordance with the technical criteria of WAC 246-252-030. The reclamation plan must include a schedule for reclamation
milestones that are key to the completion of the final radon
barrier including as appropriate, but not limited to, wind
blown tailings retrieval and placement on the pile, interim
stabilization (including dewatering or the removal of
freestanding liquids and recontouring), and final radon
barrier construction. (Reclamation of tailings must also be
addressed in the closure plan; the detailed reclamation plan
may be incorporated into the closure plan.)
(20) "Surface impoundment" means a natural topographic
depression, man-made excavation, or diked area, which is
designed to hold an accumulation of liquid wastes or wastes
containing free liquids, and which is not an injection well.
(21) "Uppermost aquifer" means the geologic formation
nearest the natural ground surface that is an aquifer, as well
as lower aquifers that are hydraulically interconnected with
this aquifer within the facility's property boundary.
[Statutory Authority: RCW 70.98.050. 97-13-055, §
246-252-010, filed 6/16/97, effective 7/17/97. Statutory
Authority: RCW 70.98.050 and 70.98.080. 91-16-109 (Order
187), § 246-252-010, filed 8/7/91, effective 9/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121),
recodified as § 246-252-010, filed 12/27/90, effective
1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031
(Order 2450), § 402-52-050, filed 12/11/86.]