Section 180-3-011 - GENERAL REQUIREMENTS FOR THE ISSUANCE OF SPECIFIC LICENSESAn applicant for a specific license must:
(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. 011.01ENVIRONMENTAL 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.011.02FINANCIAL 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: (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.180 Neb. Admin. Code, ch. 3, § 011
Amended effective 3/13/2018Amended effective 6/15/2021