Current through September 17, 2024
In addition to the requirements set forth in 180 NAC
3-011, a specific license for source
material milling must meet the other conditions specified below
. 15.01
APPLICATION.
An Application for a License to Receive Title to, Receive, Possess, and Use
Source Material for Milling or Radioactive Material as Defined in 180 NAC
1-002 must include the following:
(A) A description of the proposed project or
action;
(B) Area/site
characteristics including geology, topography, hydrology, and
(C) Radiological and nonradiological impacts
of the proposed project or action, including waterway and groundwater
impacts;
(D) Environmental effects
of accidents;
(E) Long-term impacts
including decommissioning, decontamination, and reclamation; and meteorology;
and
(F) Site and project
alternatives.
015.02
ENVIRONMENTAL COSTS. According to 180 NAC 3-011.01,
the applicant must not commence construction of the project until the
Department has weighed the environmental, economic, technical, and other
benefits against the environmental costs and has concluded that the issuance of
the license is appropriate.
015.03
PRE-OPERATIONAL MONITORING PROGRAM. At least 1 full
year prior to any major site construction, a pre-operational monitoring program
must be conducted to provide complete baseline data on a milling site and its
environs. Throughout the construction and operating phases of the mill, an
operational monitoring program must be conducted to measure or evaluate
compliance with applicable standards and regulations; to evaluate performance
of control systems and procedures; to evaluate environmental impacts of
operation; and to detect potential long-term effects.
015.04
FINANCIAL
SURETY. Prior to issuance of the license, the applicant must
establish financial surety arrangements consistent with the requirements of 180
NAC 3-011.02.
015.04(A)
SURETY
ARRANGEMENTS. The amount of funds to be ensured by financial
surety arrangements will be based on Department-approved cost estimates in an
approved plan for decontamination and decommissioning of mill buildings and the
milling site to levels which would allow unrestricted use of these areas upon
decommissioning, and the reclamation of tailings or waste disposal areas. The
licensee must submit this plan in conjunction with an environmental report that
addresses the expected environmental impacts of the milling operation,
decommissioning and tailings reclamation, and that evaluates alternatives for
mitigating these impacts. In establishing specific surety arrangements, the
licensee's cost estimates will take into account total costs that would be
incurred if an independent contractor were hired to perform the decommissioning
and reclamation work. In order to avoid unnecessary duplication and expense,
the Department may accept financial sureties that have been consolidated with
financial surety arrangements established to meet requirements of other Federal
or State agencies or local governing bodies for such decommissioning,
decontamination, reclamation, and long-term site surveillance, provided such
arrangements are considered adequate to satisfy these requirements and that
portion of the surety which covers the decommissioning and reclamation of the
mill, mill tailings site and associated areas, and the long-term funding charge
are clearly identified. The licensee's surety mechanism will be reviewed
annually by the Department to assure that sufficient funds will be available
for completion of the reclamation plan if the work had to be performed by an
independent contractor. The amount of surety liability must be adjusted to
recognize any increases or decreases resulting from inflation, changes in
engineering plans, activities performed, and any other conditions affecting
costs. Regardless of whether reclamation is phased through the life of the
operation or takes place at the end of operations, an appropriate portion of
surety liability will be retained until final compliance with the reclamation
plan is determined. This will yield a surety that is at least sufficient at all
times to cover the costs of decommissioning, decontamination, and reclamation
of the areas that are expected to be disturbed before the next license renewal.
The term of the surety mechanism must be open ended, unless it can be
demonstrated that another arrangement would provide an equivalent level of
assurance. This assurance could be provided with a surety instrument which is
written for a specified period of time which must be automatically renewed
unless the surety agent notifies the beneficiary, the State regulatory agency,
and the principal, the licensee, some reasonable time prior to the renewal date
of their intention not to renew. In such a situation, the surety requirement
still exists and the licensee would be required to submit an acceptable
replacement surety within a brief period of time to allow at least 60 days for
the regulatory agency to collect.
015.04(B)
LICENSE
TERMINATION. The total amount of funds for reclamation or long
term surveillance and control will be transferred to the United States if title
and custody of such material and its disposal site is transferred to the United
States upon termination of a license. Such funds include, but are not limited
to, sums collected for long term surveillance and control. Such funds do not,
however, include monies held as surety where no default has occurred, and the
reclamation or other bonded activity has been performed.
015.05
PROCEDURES.
The applicant must provide procedures describing the means employed to meet the
following requirements during the operational phase of any project:
(A) Milling operations must be conducted so
that all effluent releases are below the limits of 180 NAC 4 and are as low as
is reasonably achievable;
(B) The
mill operator must conduct daily inspections of any tailings or waste retention
systems. Such inspections must be conducted by a qualified engineer or
scientist. Records of such inspections must be maintained for review by the
Department; and
(C) The mill
operator must immediately notify the Department of the following:
(i) Any failure in a tailings or waste
retention system which results in a release of tailings or waste into
unrestricted areas; and
(ii) Any
unusual conditions or conditions not contemplated in the design of the
retention system which, if not corrected, could lead to failure of the system
and result in a release of tailings or waste into unrestricted areas.
015.06
CONTINUED SURVEILLANCE REQUIREMENTS FOR SOURCE MATERIAL MILLINGS
HAVING RECLAIMED RESIDUES. The following is required of continued
surveillance for source material millings having reclaimed residues.
015.06(A)
ONGOING
MAINTENANCE. The final disposition of tailings or wastes at source
material milling sites must be such that the need for ongoing active
maintenance is not necessary to preserve isolation. As a minimum, annual site
inspections must be conducted by the government agency retaining ultimate
custody of the site where tailings or wastes are stored to confirm the
integrity of the stabilized tailings or waste systems and to determine the
need, if any, for maintenance and monitoring. Results of the inspection must be
reported to the Department within 60 days following each inspection. The
Department may require more frequent site inspections, if, on the basis of a
site-specific evaluation, such a need appears necessary due to the features of
a particular tailings or waste disposal system.
0015.06(B)
ADDITIONAL
FUNDING. If site surveillance or control requirements at a
particular site are determined, on the basis of a site-specific evaluation, to
be significantly greater than those specified in, 180 NAC 3-015.06(A)
additional funding requirements may be specified by the Department. The charge
will be reviewed annually to recognize or adjust for inflation.
