310 CMR, § 40.0115 - Radioactive Material
(1)
Licensed Facilities.
(a) Response actions at sites and facilities
licensed and overseen by the Massachusetts Department of Public Health under
the provisions of 105 CMR 120.000: The Control of Radiation
(i.e., Licensed Facilities), shall be deemed adequately
regulated for purposes of 310 CMR 40.0000 with respect to releases of
Radioactive Materials.
(b) Releases
of oil or hazardous materials other than Radioactive Materials at such Licensed
Facilities shall be assessed and mitigated in accordance with the risk
assessment and risk management provisions of, and shall otherwise be subject
to, 310 CMR 40.0000.
(2)
Non-Licensed Sites.
(a) Response actions at sites not licensed
and overseen by the Massachusetts Department of Public Health under the
provisions of 105 CMR 120.000: The Control of Radiation
(i.e., Non-licensed Sites) are subject to 310 CMR
40.0000.
(b) Notwithstanding the
risk characterization requirements at
310
CMR 40.0993, the human health risks posed by
Radiation from releases of Radioactive Materials to the environment at such
Non-licensed Sites shall be assessed and mitigated in accordance with the
technical protocols, procedures, and standards contained in 105 CMR 120.000:
The Control of Radiation.
(c) The non-Radiation human health risks
posed by releases of Radioactive Materials to the environment, including
threshold and non-threshold health effects, and the human health risks
associated with releases of oil or hazardous materials other than Radioactive
Materials shall be assessed and mitigated in accordance with the risk
assessment and risk management provisions of 310 CMR 40.0000.
(d) All Permanent and Temporary Solutions
achieved at such Non-licensed Sites shall require the implementation of an
Activity and Use Limitation documenting the nature and location of Radioactive
Materials emitting Radiation above background levels and obligations and
conditions for preventing exposures to such Radioactive Materials.
Notes
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