Section 180-4-018 - ALTERNATE CRITERIA FOR LICENSE TERMINATIONAlternate criteria for license termination are as follows.
018.01CRITERIA. For the Department to consider terminating a license using alternate criteria greater than the dose criterion of 180 NAC 4-016, 4-017.01(B), and 4-017.01(D)(i)(1)(a), the licensee must: (A) Provide 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 per year (100 mrem per year) limit of 180 NAC 4-013.01(A) by submitting an analysis of possible sources of exposure;(B) Employ to the extent practical restrictions on site use according to the provisions of 180 NAC 4-017 in minimizing exposures at the site;(C) Reduce doses to as low as reasonably achievable (ALARA) levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal;(D) Have submitted a decommissioning plan to the Department indicating the licensee's intent to decommission in accordance with 180 NAC 3-019.04 and specifying that the licensee proposes to decommission by use of alternate criteria. The licensee must document in the decommissioning plan 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 licensee must provide for: (i) Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning;(ii) An opportunity for a comprehensive, collective discussion on the issues by the participants represented; and(iii) 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; and(E) Have 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.018.02 The use of alternate criteria to terminate a license requires the approval of the Department and will consider any comments provided by the Environmental Protection Agency and any public comments submitted according to 180 NAC 4-019. 180 Neb. Admin. Code, ch. 4, § 018
Amended effective 6/7/2021