Common use of Removal of Tank System(s) From Service Clause in Contracts

Removal of Tank System(s) From Service. 1. This Subsection shall apply to all low-level radioactive waste tank system(s) listed in Appendix F to this Agreement that are removed from service. Within ninety (90) days of the effective date of this Agreement, or within ninety (90) days of the date a tank is declared inactive, whichever is later, the DOE shall provide to EPA and TDEC a schedule for conducting the waste characterization(s) of tank contents for hazardous and/or radiological constituents in tank system(s) removed from service. The DOE's waste characterization(s) shall include the results of the sampling and analysis of the contents (including wastes, liquids, and sludges) of all tank system(s) removed from service. 2. Within ninety (90) days of the effective date of this Agreement, or within ninety (90) days of the date a tank is declared inactive, whichever is later, the DOE shall submit to EPA and TDEC for approval risk characterization plan(s) and schedule(s) for characterizing the risk(s) associated with all tank system(s) removed from service. The DOE's risk assessment plan(s) shall characterize and define categories of risks associated with the tank system(s) pending final remediation. The DOE shall conduct risk characterization(s) for tank system(s) removed from service in accordance with the approved schedules. 3. Based upon the results of the waste and risk characterization(s) required above, the DOE shall propose a schedule(s) to EPA and TDEC for approval for operable units/ interim measures or final remedial action as described below. This schedule shall be proposed and updated as part of the annual timetables and deadlines submitted under Section XIX (Timetables and Deadlines) of this Agreement. 4. The DOE shall remediate all tank system(s) removed from service. To the extent practicable, the DOE shall remove or decontaminate, or otherwise remediate all residues, contaminated containment system components (liners, etc.), contaminated soils and structures and equipment associated with the tank system(s). 5. The DOE shall address the following phases of tank system(s) remediation as both corrective measures or remedial actions under the applicable waste area grouping or operable unit: a. Remediation of the tank(s) contents; b. Remediation of the tank(s) and related piping and appurtenances; and c. Remediation of any surrounding releases or contamination. 6. The provisions described herein shall become effective six months after the effective date of this change. Prior to the scheduled remediation of tank system(s) as required in Sections IX.G.3 through IX.G.5, the DOE may conduct routine transfers of the liquid contents of the tank system(s) to the active portions of the LLLW system for the treatment and/or storage, upon receiving written approval from TDEC prior to such transfer operations. The DOE shall submit a written request to TDEC, for approval, and EPA, for information, of such transfers at least 14 days prior to the transfer operation. The DOE may combine requests for recurring routine transfers into a single document which may be submitted annually to TDEC, for approval, and to EPA, for information, for recurring routine (Appendix I-7) transfer operations rather than submit individual routine transfer requests. Transfers that TDEC determine are not routine (Appendix I-8) shall be conducted in accordance with the provisions of Section IX.G.5 or Section XIII. of the FFA. The declaration of whether a transfer is routine shall be within the discretion of TDEC, and subject to resolution of disputes as set forth in Section XXVI. 7. The DOE shall conduct all necessary response actions under Sections X through XV of this Agreement for all tank system(s) identified in Appendix F.

Appears in 3 contracts

Sources: Federal Facility Agreement, Federal Facility Agreement, Federal Facility Agreement