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Re: Governor Gray Davis has vetoed SB 1970
In a message dated 10/01/2002 9:18:33 PM Pacific Daylight Time, mail@philrutherford.com writes:
I disagree. Governor Davis' Executive Order has imposed a moratorium on "decommissioned material" (with residual radioactivity above background) going to Class III landfills.
He clearly means material from any licensed or federal radiological facility that has been released for unrestricted use, using existing release criteria, such as Reg Guide 1.86. This would apply whether in a "decommissioning" status or in an operational status.
Thus you can forget about release limits in existing licenses. Unless you are prepared to release everything at non-detect levels, then the only options are (1) keep it onsite until DHS completes its multi-year CEQA EIR, (2) send it to a Class I or Class II landfill or (3) send it to an out of state Class III landfill.
Your interpretation may well be correct. But, I can read the order another way. He may mean any material released for unrestricted use, but he didn't say that. I honestly don't know at this point what DHS' position will be.
Barbara