Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 220 - Rules Relating to Radiation Protection
Part D - STANDARDS FOR PROTECTION AGAINST RADIATION
Subpart E - RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION
Section 144-220-D-E-1404 - Alternate criteria for license termination
Universal Citation: 10 ME Code Rules ยง 144-220-D-E-1404
Current through 2024-38, September 18, 2024
A. The Agency may terminate a license using alternate criteria greater than the dose criterion of parts D.1402, D.1403.B, and D.1403.D, if the licensee:
(1) Provides
assurance that public health and safety would continue to be protected, and
that it is unlikely that the dose from all man-made sources combined, other
than medical, would be more than the 1 mSv/y (100 mrem/y) limit, by submitting
an analysis of possible sources of exposure;
(2) Has employed to the extent practical
restrictions on the site use according to the provisions of D.1403 in
minimizing exposures at the site; and
(3) Reduces doses to ALARA levels, taking
into consideration any detriments such as traffic accidents expected to
potentially result from decontamination and waste disposal.
(4) Has submitted a decommissioning plan or
license termination plan to the Agency indicating the licensee's intent to
decommission in accordance with Parts C, D, and E., and specifying that the
licensee proposes to decommission by use of alternate criteria. The licensee
shall document in the decommissioning plan or LTP how the advice of individuals
and institutions in the community who may be affected by the decommissioning
has been sought and addressed, as appropriate, following analysis of that
advice. In seeking such advice, the license shall provide for:
(a) Participation by representatives of a
broad cross section of community interests who may be affected by the
decommissioning;
(b) An opportunity
for a comprehensive, collective discussion on the issues by the participants
represented; and
(c) A publicly
available summary of the results of all such discussions, including a
description of the individual viewpoints of the participants on the issues and
the extent of agreement and disagreement among the participants on the
issues.
(5) Has provided
sufficient financial assurance in the form of a trust fund to enable an
independent third party, including a governmental custodian of a site, to
assume and carry out responsibilities for any necessary control and maintenance
of the site.
B. The use of alternate criteria to terminate a license requires the approval of the Agency after consideration of the Agency's staff's recommendations that will address any comments by other appropriate agencies and any public comments submitted pursuant to D.2302.
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