Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 120.000 - The Control of Radiation
RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION
Section 120.247 - Alternate Criteria for License Termination
Universal Citation: 105 CMR 120.000 MA Code of Regs 120.247
Current through Register 1531, September 27, 2024
(A) The Agency may terminate a license using alternate criteria greater than the dose criterion of 105 CMR 120.245, 120.246(B), and 120.246(D)(1)(a)1., 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 one mSv/yr (100 mrem/yr) 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
105
CMR 120.246 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 (LTP) to the Agency indicating
the licensee's intent to decommission in accordance with
105
CMR 120.132(D), 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 105 CMR 120.248.
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