Technical Criteria for Operator Certification

(1) In order for the applicant to be eligible for certification, pursuant to M.G.L. c. 111H, § 22, it must be determined, to the Board's satisfaction, that: (a) the applicant's proposed facility technology appears to be capable of satisfying the licensing and operation standards of 105 CMR 120.800; and (b) the applicant's proposed technology permits any waste to be accepted at the facility to be monitored and retrieved at any time duringthe facility's operation, closure, post-closure observation and maintenance or institutional control; and (c) the applicant's proposed technology ensures that any mixed waste to be accepted at the facility is managed so as to provide an equivalent level of environmental protection as that required by 310 CMR 30.000; and (d) the applicant's proposed technology does not constitute shallow land burial; and (e) the cost of the applicant's proposed technology is reasonable in light of the public benefit to be derived from its utilization; and (f) the applicant's principals, key personnel and professional staff possess the requisite technical strength, professional training and relevant experience to satisfy the obligations contracted for pursuant to 345 CMR 3.00; and (g) the applicant comprehends the applicable laws and regulations, the scope of the work as required by the Request for Proposal, and the resources required to perform the work as required by the Request for Proposals. (2) When evaluating whether an applicant satisfied the technical criteria of 345 CMR 3.13, the Board shall consider: (a) the background, experience and educationalqualifications of all principals of the applicant, key personnel to be utilized in the performance of any contract with the Board, and the applicant's technical staff that will be assigned responsibility for facility construction, operation and maintenance; and (b) preliminary facility development, operation, closure, post-closure observationand maintenance and institutional control plans, including: 1. A description of the proposed technology or technologies to be utilized; and 2. Any assumed site characteristics necessary for the satisfaction of the licensing and operation standards of 105 CMR 120.800 or the successful utilization of the proposed technology or technologies, including: a. geography and demography; and b. meteorology and climatology; and c. geology and seismology; and d. ground and surface water hydrology; and e. geothermal characteristics; and f. geochemical characteristics; and g. geological, water and other natural resources; and h. biotic features; and 3. The major design features of the proposed facility, including in particular, for normal and abnormal or accident conditions, those design features related to: a. prevention or minimization of infiltration by water, plants, and animals; b. features intended to manage water that may enter any disposal units or other waste management areas; and c. integrity and stability of engineering barriers; and d. stability of intruder barriers surrounding wastes; and e. monitoring; and f. retrievability; and g. occupational exposures; and h. facility security; and i. facility closures; and j. minimization to the extent practicable of long term active maintenance; and k. protection from inadvertent intrusion; and l. the necessary size of the buffer zone for monitoring and potential remedial measures; and 4. The relationship of major design features of the proposed facility to the performance and facility design objectives set forth in 105 CMR 120.811 through 120.816; and 5. The major construction methods proposed to beutilized, includinga preliminary description of construction materials proposed to be utilized; the applicant's construction techniques and quality control procedures and any codes and standards which the applicant has applied to the design and which will apply to construction of the facility; and 6. The applicant's preliminary operation plans including, in particular, major plan features relating to: a. receipt and inspection of waste; and b. waste handling and waste storage; and c. waste disposal operations; and d. environmental monitoring and surveillance; and 7. The applicant's closure and post-closure plans including the estimated costs of implementation of such plans and, in particular, major plan features relating to: a. site stabilization; and b. facility decontamination; and c. post-closure environmental monitoring and surveillance; and 8. The applicant's quality assurance and quality control plans; and (c) any additional information provided by the applicant or otherwise available to the Board. (3) When determining whether an applicant satisfies the technical criteria of 345 CMR 3.13, the Board may utilize as guidance the most recent relevant available U.S. Nuclear Regulatory Commission (NRC) documents, staff and contractor reports and NRC-sponsored conference proceedings.