Subchapter H. INSPECTIONS, TESTS AND RECORDS
Sec.
236.701. Inspection of the regional disposal facility.
236.702. Inspection of records.
236.703. Penalties.
236.704. Enforcement and abatement.
236.705. Tests of the regional disposal facility.
236.706. Maintenance of records.
236.707. Recording receipt of waste shipments.
236.708. Submittal of reports to the Department.
236.709. Transfer of records.
236.710. Submittal of reports by generators and brokers.§ 236.701. Inspection of the regional disposal facility.
The licensee shall provide the Department, its agents and employes, and the host municipality and host county inspectors, with immediate access to inspect the following for the purpose of determining compliance with the license conditions and applicable regulations and laws:
(1) Waste not yet disposed.
(2) Premises, equipment, operations and facilities in which wastes are received, possessed, handled, treated, stored or disposed.
§ 236.702. Inspection of records.
The licensee shall make available for inspection to the Department, its agents and employes, and the host municipality and host county inspectors records kept by it under this chapter. Authorized representatives of the Department, the host municipality or host county inspectors may copy and use any record required to be kept under this chapter.
§ 236.703. Penalties.
(a) A person who violates the act, this chapter or an order promulgated or issued under the act commits a summary offense and will, upon conviction, be sentenced to pay a fine of at least $100 but not more than $1,000 for each offense. Default of the fine payment will result in a prison term of a maximum of 90 days.
(b) A person who violates the act, this chapter, a license condition or an order promulgated or issued under the act, within 2 years of having been convicted of a summary offense under the act, commits a misdemeanor of the third degree and will, upon conviction, be sentenced to pay a fine of at least $1,000 but not more than $25,000 for each offense or a maximum prison term of 1 year, or both.
(c) A person who intentionally violates the act or this chapter, an order, permit condition or license condition of the Department under the act and whose action causes the possibility of a public nuisance or bodily harm to a person commits a felony of the second degree and shall, upon conviction, be sentenced to pay a fine of at least $2,500 but not more than $100,000 for each offense per day for each violation or be subject to a prison term of at least 1 year but not more than 10 years, or both.
(d) Each day of continued violation of the act or this chapter, an order, permit condition or license condition of the Department issued under the act shall constitute a separate offense.
(e) In addition to subsections (a)—(d) or in equity for a violation of the act or this chapter, an order, permit condition or license condition of the Department issued under the act, the Department may assess a civil penalty. The civil penalty will not exceed $25,000 for each violation.
(f) Civil payments shall be paid under section 504(e) of the act (35 P. S. § 7130.504(e)).
§ 236.704. Enforcement and abatement.
(a) A violation of section 505 of the act (35 P. S. § 7130.505) or this chapter, an order, permit condition or license condition of the Department issued under the act constitutes a public nuisance. A person committing the violation shall be liable for the costs of abatement of the nuisance. The Environmental Hearing Board has jurisdiction over actions to recover costs of the abatement and civil penalties.
(b) The Department may issue orders, injunctions, declarations of emergency or take other actions as specified in section 505 of the act to abate a public nuisance or protect public health and safety and the environment.
§ 236.705. Tests of the regional disposal facility.
The licensee shall perform or permit the Department, its agents and employes, and the host municipality and host county inspectors to perform tests it deems appropriate or necessary for the administration of this chapter, including, but not limited to, tests of:
(1) Waste.
(2) Facilities used for the receipt, storage, treatment, handling or disposal of waste.
(3) Radiation detection and monitoring instruments.
(4) Other equipment and devices used in connection with the receipt, possession, handling, treatment, storage or disposal of waste.
§ 236.706. Maintenance of records.
(a) The licensee shall maintain records and make reports in connection with the licensed activities as may be required by the conditions of the license or by this chapter and orders of the Department.
(b) Records which are required by this chapter or by license conditions shall be maintained for a period specified by this chapter or by license condition. If a retention period is not otherwise specified, the records shall be maintained and transferred to the officials specified in § 236.709 (relating to transfer of records) as a condition of license transfer unless the Department otherwise authorizes their disposition.
(c) Records which shall be maintained under this subchapter may be the original or a reproduced copy of microfilm if the reproduced copy of microfilm is capable of producing a copy that is clear and legible at the end of the required retention period.
Cross References This section cited in 25 Pa. Code § 236.709 (relating to transfer of records).
§ 236.707. Recording receipt of waste shipments.
Following receipt and acceptance of a shipment of waste, the licensee shall record the date of disposal of the waste, the location in the disposal unit, the condition of the waste packages as received, discrepancies between materials listed on the manifest and those received and evidence of leaking or damaged packages or radiation or contamination levels in excess of limits specified by United States Department of Transportation and this title. The licensee shall briefly describe repackaging operations of the waste packages included in the shipment, plus other information required by the Department as a license condition.
§ 236.708. Submittal of reports to the Department.
(a) Annual reports. The licensed disposal facility operator shall file a copy of its financial report or a certified financial statement annually with the Department in order to update the information base for determining financial qualifications.
(b) Quarterly reports.
(1) The licensed disposal facility operator shall submit its quarterly report to the Department, host municipality, host county, Low-Level Waste Advisory Committee and the public. The report shall include:
(i) Specification of the quantity of principal contaminants released to unrestricted areas in liquid and in airborne effluents during the preceding quarter.
(ii) The results of the monitoring program.
(iii) A summary of licensee disposal unit survey and maintenance activities.
(iv) A summary, by waste class, of activities and quantities of radionuclides disposed of.
(v) Instances in which observed site characteristics were significantly different from those described in the application for a license.
(vi) Other information the Department may require.
(2) If the quantities of waste released during the reporting period, monitoring results or maintenance performed are significantly different from those predicted, the report shall cover this specifically.
§ 236.709. Transfer of records.
Notwithstanding § 236.706 (relating to maintenance of records), copies of records of the location and the quantity of wastes contained at the disposal site shall be provided, upon license transfer to the Commonwealth Custodial Agency, to:
(1) The chief executive of the host municipality.
(2) The chief executive of the host county.
(3) The host county zoning board or land development and planning agency.
(4) The Governor.
(5) Other State, local and Federal government agencies as designated by the Department at the time of license transfer.
Cross References This section cited in 25 Pa. Code § 236.706 (relating to maintenance of records).
§ 236.710. Submittal of reports by generators and brokers.
Generators and brokers shall submit, on a quarterly basis, reports to the Department. The reports shall include a listing of the quantities, types and classes of low-level radioactive waste generated during the previous quarter.
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