(a) The Department requires specific source and byproduct material licensees to furnish a decommissioning financial assurance arrangement in a dollar amount approved by the Department, as necessary to protect public health and safety, to ensure corrective action during operation, to ensure decontamination and decommissioning of a facility or site, and for disposal of licensed material in the event of abandonment, insolvency, or other inability of the licensee to meet the requirements of the license, the Act, or these rules.
(b) The costs associated with reclamation and long term care and maintenance in accordance with this Chapter shall be sufficient to ensure compliance with those standards established by the Department pertaining to bonds, sureties, and other financial arrangements to ensure adequate reclamation and long term management of such byproduct material and its disposal.
(c) Licensees shall provide the Department with cost-estimates that are reasonably accurate and these estimates shall include costs for the following: - (i) Disposal of licensed material;
- (ii) Decontamination and decommissioning of buildings, facilities, and the site to a standard which achieves levels that allow release for unrestricted use of these areas upon decommissioning;
- (iii) Reclamation of byproduct material disposal areas in accordance with the technical criteria detailed in 10 C.F.R. Part 40, Appendix A;
- (iv) Aquifer restoration which is based on the physical characteristics of the mining aquifer; the cost of equipment, labor, and administration; and any other data required under 10 C.F.R. Part 40, Appendix A Criterion 5(b)(5) and Chapter 11 of the Non-Coal Rules and Regulations;
- (A) Other operational activities that have impacted groundwater as detailed in 10 C.F.R. Part 40, Appendix A, Criterion 5(b).
- (v) Costs that would be incurred if an independent contractor was hired to dispose of radioactive materials and perform decontamination, decommissioning, and reclamation work including:
- (A) The cost of removal and/or disposal of licensed material which is generated, stored, processed, or otherwise present at the facility or site; and
- (B) The probable extent of contamination through the possession or use of licensed material, at or adjacent to the facility or site, and the probable cost of removal of such contamination;
- (vi) An adequate contingency factor.
- (vii) For sites requiring long-term care and maintenance, a minimum charge of two-hundred and fifty thousand dollars ($250,000.00), in 1978 dollars, shall be included in the financial assurance established by the licensee to cover the costs of long-term care and maintenance.
(d) Prior to approval of an application for a new license, an applicant shall establish financial assurance arrangements to ensure the decontamination and decommissioning of the facility.
(e) Prior to termination of a license, a licensee shall establish a fund adequate and sufficient to cover the payment of the cost for long-term care and monitoring, the amount of which shall be approved by the NRC, pursuant to Criteria 9 and 10 of 10 C.F.R. Part 40, Appendix A.
(f) Applicants shall provide an executed original copy of each financial assurance instrument required by this Chapter for approval by the Department as appropriate. - (i) An applicant for a new license shall submit a certification that financial assurance for decommissioning has been provided in the amount required by this Chapter. An executed original copy of each financial assurance instrument required by this Chapter and approved by the Department shall be submitted to the Department sixty (60) days prior to the approval of the Permit to Mine and Source Material License.