Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 35 - RADIATION
Section 28-35-231a - Vacating installations
Universal Citation: KS Admin Regs 28-35-231a
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Notification. Each licensee, before vacating any installation that could have been contaminated by radioactive material as a result of the licensee's activities, shall notify the department in writing of the intent to vacate, at least 30 days before vacating. Any licensee may be required by the secretary to decontaminate, or have decontaminated, the installation to a degree consistent with subsequent use as an uncontrolled area.
(b) Decommissioning timeliness.
(1) Each licensee in possession of a
nonexempt source of radiation who decides to terminate all activities involving
that source of radiation shall notify the department immediately, in writing.
(2) Each licensee responsible for
a facility or site that includes a nonexempt source of radiation or that could
be contaminated by residual radioactivity shall notify the department, in
writing, of the intent to vacate, at least 30 days before vacating or
relinquishing possession or control of the facility or site.
(3) Each licensee shall notify the
department, in writing, within 60 days of the occurrence of any of the
following:
(A) The licensee has decided to
permanently cease principal operations at the entire site or in any separate
building or outdoor area with residual radioactivity that renders the building
or outdoor area unsuitable for uncontrolled use in accordance with these
regulations.
(B) No principal
operations under the license have been conducted during the previous 24 months.
(C) No principal operations have
been conducted during the previous 24 months in any separate building or
outdoor area with residual radioactivity that renders the building or outdoor
area unsuitable for uncontrolled use in accordance with these regulations.
(4) From the date of
notification of the department as required in subsections (a) and (b) of this
regulation, the licensee shall perform either one of the following:
(A) Begin decommissioning activities; or
(B) within 12 months of
notification, submit a decommissioning plan, if required by K.A.R. 28-35-204,
and begin decommissioning upon the approval of that plan.
(5) Coincident with the notification of the
department required in subsections (a) and (b) of this regulation, the licensee
shall maintain in effect all decommissioning financial assurances established
by the licensee in conjunction with a license issuance or renewal or as
required by this part. The amount of the financial assurance shall be
increased, or may be decreased, in order to cover the detailed cost estimate
for decommissioning, as specified in K.A.R. 28-35-204.
(6) An alternate schedule may be approved by
the secretary for the submission of plans and for the completion of
decommissioning required by this regulation if the secretary determines that
both of the following conditions are met:
(A)
An alternative schedule is necessary to effectively conduct decommissioning.
(B) An alternative schedule either
presents no undue risks to public health and safety or is otherwise in the
public interest.
The schedule for decommissioning shall not commence until the secretary has made a determination on the request.
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