410 IAC 5-3-10 - Approval of specific licenses; environmental reports; surety for site reclamation; long-term care fund
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 10.
A license application will be approved if the board determines that:
(a) The applicant is
qualified by reason of training and experience to use the material in question
for the purpose requested in accordance with 410 IAC 5 in such a manner as to
minimize danger to public health and safety or property;
(b) The applicant's proposed equipment,
facilities and procedures are adequate to minimize danger to public health and
safety or property;
(c) The
issuance of the license will not be inimical to the health and safety of the
public; and
(d) The applicant
satisfies any applicable special requirements in
410
IAC 5-3-11,
410 IAC
5-3-12,
410
IAC 5-3-13.
(e) Environmental Report, Commencement of
Construction. In the case of an application for a license to receive and
possess radioactive material for commercial waste disposal by land burial,
source material milling, or for the conduct of any other activity which the
board determines will significantly affect the quality of the environment, the
board, before commencement of construction of the plant or facility in which
the activity will be conducted, shall make a determination, after weighing the
environmental, economic, technical and other benefits against environmental
costs and considering available alternatives, that the action called for is the
issuance of the proposed license, with any appropriate conditions to protect
environmental values. Commencement of construction prior to such determination
shall be grounds for denial of a license to receive and possess radioactive
material in such plant or facility. As used in this paragraph, the term
"commencement of construction" means any clearing of land, excavation, or other
substantial action that would adversely affect the environment of a site. The
term does not mean site exploration, necessary borings to determine foundation
conditions, or other preconstruction monitoring or testing to establish
background information related to the suitability of the site or the protection
of environmental values.
(f)
Financial Surety Arrangements for Site Reclamation.
(1) Pursuant to applicable state statutes,
and as otherwise provided, financial surety arrangements for site reclamation
which may consist of surety bonds, cash deposits, certificates of deposit,
deposits of government securities, letters or lines of credit, or any
combination of the above for the categories of licensees listed in 410 IAC
5-3-10(f)(4) shall be established to ensure the protection of the public health
and safety in the event of abandonment, default, or other inability of the
licensee to meet the requirements of IC 13-1-2 [IC 13-1 was repealed by
P.L. 1-1996, SECTION 99, effective July 1, 1996.] and 410 IAC 5.
(i) The amount of funds to be ensured by such
surety arrangements shall be based on board-approved cost estimates.
(ii) Self insurance, or any arrangement which
essentially constitutes self insurance, will not satisfy the surety requirement
since this provides no additional assurance other than that which already
exists through license requirements.
(2) The arrangements required in 410 IAC
5-3-10(f)(1) shall be established prior to issuance of the license to assure
that sufficient funds will be available to carry out the decontamination and
decommissioning of the facility.
(3) Amendments to licenses in effect on the
effective date of 410 IAC 5 may be issued providing that the required surety
arrangements are established within 90 days after the effective date of 410 IAC
5-3-10(f).
(4) The following
specific licensees are required to make financial surety arrangements:
(i) major processors;
(ii) waste handling licensees;
(iii) former U.S. Atomic Energy Commission or
U.S. Nuclear Regulatory Commission licensed facilities;
(iv) source material milling operations;
and
(v) all others except persons
exempt pursuant to 410 IAC 5-3-10(f)(5).
(5) The following persons are exempt from the
requirements of 410 IAC 5-3-10(f)(1):
(i) all
state, local, or other government agencies, unless they are subject to 410 IAC
5-3-10(f)(4)(ii) or (iv);
(ii)
persons authorized to possess no more than 1,000 times the quantity specified
in Schedule B,
410 IAC
5-3-27 or combination of radioactive material listed
therein as given in Schedule B,
410 IAC
5-3-27, Note 1;
(iii) persons authorized to possess
hydrogen-3 contained as hydrogen gas in a sealed source; or
(iv) persons authorized to possess
radioactive noble gases in sealed sources with no radioactive daughter product
with half-life greater than 30 days.
(g) Long-Term Care Requirements. Pursuant to
the appropriate state statutes, and as otherwise provided, a long-term care
fund shall be established by the following specific licensees prior to the
issuance of the license or prior to the termination of the license if the
applicant chooses at the time of the licensure to provide a surety in lieu of a
long-term care fund:9/
(1) Waste handling licensees; and
(2) Source material milling licensees.
9/ Long-term care funding may also be required for former U.S. Atomic Energy Commission or U.S. Nuclear Regulatory Commission licensed facilities.
Notes
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