N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-6.6

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-6.6 - Decommissioning

(a) The permittee shall implement the approved Decommissioning and Site Restoration Plan as required by section 1100-2.24 of this Part. The permittee shall adhere to all state laws and regulations in effect at the time of decommissioning regarding the disposal and recycling of components.

(b) The financial security regarding decommissioning and site restoration activities shall be in the form of a letter of credit (LOC) or other financial assurance approved by the Office, and shall be established by the permittee to be held by each City, Town, or Village hosting facility components. The total amount of the financial security created for the Cities, Towns, or Villages shall be equal to the net decommissioning and site restoration estimate; the net decommissioning and site restoration estimate is equal to the gross decommissioning and site restoration estimate (which is the overall decommissioning and site restoration estimate plus a fifteen (15) percent contingency cost) less the total projected salvage value of facility components; reference to salvage value data shall also be included in the Decommissioning and Site Restoration Plan required at 1100-2.24 of this Part. If the permittee and the host municipalities cannot come to an agreement as to the appropriate amount of financial security to be provided, the Office shall make the final determination. The financial security shall remain active until the facility is fully decommissioned. The LOC shall be irrevocable and state on its face that it is expressly held by and for the sole benefit of the specific Town, City, or Village.

Transferred from 900-6.6 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024