Section 410IAC5-3-10. Approval of specific licenses; environmental reports; surety for site reclamation; long-term care fund

 

                                A license application will be approved if the board determines that:

                                (a) The applicant is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with 410 IAC 5 in such a manner as to minimize danger to public health and safety or property;

                                (b) The applicant's proposed equipment, facilities and procedures are adequate to minimize danger to public health and safety or property;

                                (c) The issuance of the license will not be inimical to the health and safety of the public; and

                                (d) The applicant satisfies any applicable special requirements in 410 IAC 5-3-11, 410 IAC 5-3-12, 410 IAC 5-3-13.

                                (e) Environmental Report, Commencement of Construction. In the case of an application for a license to receive and possess radioactive material for commercial waste disposal by land burial, source material milling, or for the conduct of any other activity which the board determines will significantly affect the quality of the environment, the board, before commencement of construction of the plant or facility in which the activity will be conducted, shall make a determination, 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 determination shall be 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 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 environmental values.

                                (f) Financial Surety Arrangements for Site Reclamation.

(1) Pursuant to applicable state statutes, and as otherwise provided, 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 410 IAC 5-3-10(f)(4) shall 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 IC 13-1-2 [IC 13-1 was repealed by P.L.1-1996, SECTION 99, effective July 1, 1996.] and 410 IAC 5.

(i) The amount of funds to be ensured by such surety arrangements shall be based on board-approved cost estimates.

(ii) 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.

(2) The arrangements required in 410 IAC 5-3-10(f)(1) shall 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.

(3) Amendments to licenses in effect on the effective date of 410 IAC 5 may be issued providing that the required surety arrangements are established within 90 days after the effective date of 410 IAC 5-3-10(f).

(4) The following specific licensees are required to make financial surety arrangements:

(i) major processors;

(ii) waste handling licensees;

(iii) former U.S. Atomic Energy Commission or U.S. Nuclear Regulatory Commission licensed facilities;

(iv) source material milling operations; and

(v) all others except persons exempt pursuant to 410 IAC 5-3-10(f)(5).

(5) The following persons are exempt from the requirements of 410 IAC 5-3-10(f)(1):

(i) all state, local, or other government agencies, unless they are subject to 410 IAC 5-3-10(f)(4)(ii) or (iv);

(ii) persons authorized to possess no more than 1,000 times the quantity specified in Schedule B, 410 IAC 5-3-27 or combination of radioactive material listed therein as given in Schedule B, 410 IAC 5-3-27, 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.

                                (g) Long-Term Care Requirements. Pursuant to the appropriate state statutes, and as otherwise provided, a long-term care fund shall 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:^9/

(1) Waste handling licensees; and

(2) Source material milling licensees.

                                ^9/ Long-term care funding may also be required for former U.S. Atomic Energy Commission or U.S. Nuclear Regulatory Commission licensed facilities. (Indiana State Department of Health; Rule HRH-2,PT C,Sec C.25; filed May 26, 1978, 3:30 pm: 1 IR 148; filed Feb 29, 1984, 10:10 am: 7 IR 855; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)