(A) Be qualified by reason of training and
experience to use the material in question for the purpose requested according
to Title 180 in such a manner as to minimize danger to public health and safety
or property;
(B) Have proposed
equipment, facilities, and procedures are adequate to minimize danger to the
public health and safety or property;
(C) Demonstrate that the issuance of the
license will not be inimical to the health and safety of the public;
and
(D) Satisfy any applicable
special requirements in 180 NAC
3-013, 180 NAC
3-014, or 180 NAC
3-015, 180 NAC 5, 180 NAC 7, 180 NAC
12, 180 NAC 14 or 180 NAC 19.
011.01
ENVIRONMENTAL REPORT,
COMMENCEMENT OF CONSTRUCTION. In the case of an application for a
license to receive and possess radioactive material for commercial waste
management, source material milling, or for the conduct of any other activity
which the Department determines will significantly affect the quality of the
environment, the Department, before commencement of construction of the plant
or facility in which the activity will be conducted, has concluded, 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 conclusion is 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 roads for site exploration,
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 the environmental values.
011.02
FINANCIAL SURETY
ARRANGEMENTS FOR SITE RECLAMATION. The following applies to
financial surety arrangements for site reclamation.
011.02(A)
FINANCIAL
SURETY. 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 180 NAC 3-011.02 must 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 the Act.
011.02(A)(i)
COST ESTIMATES. The amount of funds to be ensured by
such surety arrangements must be based on Department approved cost estimates
equal to meet the requirements of 180 NAC 3-011.02(A).
011.02(A)(ii)
SELF INSURANCE
PROHIBITED. 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.
011.02(B)
LICENSE
ISSUANCE. The arrangements required in 180 NAC 3-011.02(A). must
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, other than as provided in 180 NAC 3-011.02(C).
011.02(C)
LICENSE
AMENDMENT. If the application is made to amend an existing license
to fall within the purview of 180 NAC 3-011.02 then the financial surety
arrangements for site reclamation must be established prior to the issuance of
the amendment.
011.02(D)
APPLICABILITY. The following specific licensees are
required to make financial surety arrangements:
(i) Major processors;
(ii) Waste management licensees, other than
the commercial disposal of low-level radioactive waste in a disposal facility,
designated by the Central Interstate Low-Level Radioactive Waste Compact
Commission;
(iii) Former U.S.
Atomic Energy Commission or U.S. Nuclear Regulatory Commission (NRC) licensed
facilities;
(iv) Source material
milling operations; and
(v) All
others other than persons exempt according to 180 NAC 3-011.02(E).
011.02(E)
EXEMPT
ENTITIES. The following persons are exempt from the requirements
of 180 NAC 3-011.02(A) because they are exempt from licensure:
(i) All State, local, or other government
agencies unless they are subject to 180 NAC 3-011.02(D)(ii) or
(D)(iv),
(ii) Persons authorized to
possess no more than 1,000 times the quantity specified in 180 NAC 3, Appendix
3-B or combination of radioactive material listed therein as given in 180 NAC
3, Appendix 3-B, 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.
011.02(F)
LONG-TERM CARE
REQUIREMENTS. A long-term care fund must 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:
(i) Waste management licensees; and
(ii) Source material milling and mill
tailings licensees.
