(1)A
decommissioning warranty shall be subject to immediate forfeiture whenever the
department determines that any one of the following circumstances exist:
(a)The licensee has violated an emergency, abatement, or cease-and-desist
order or court-ordered injunction or temporary restraining order related to
decommissioning, decontamination, or disposal and, if decommissioning,
decontamination, or disposal was required in such order, has failed to complete
such decommissioning, decontamination, or disposal although reasonable time to
have done so has elapsed; or
(b)The licensee is in violation of decommissioning, decontamination, or
disposal requirements as specified in the license and the regulations and has failed
to cure such violation although the licensee has been given wri
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(1) A
decommissioning warranty shall be subject to immediate forfeiture whenever the
department determines that any one of the following circumstances exist:
(a) The licensee has violated an emergency, abatement, or cease-and-desist
order or court-ordered injunction or temporary restraining order related to
decommissioning, decontamination, or disposal and, if decommissioning,
decontamination, or disposal was required in such order, has failed to complete
such decommissioning, decontamination, or disposal although reasonable time to
have done so has elapsed; or
(b) The licensee is in violation of decommissioning, decontamination, or
disposal requirements as specified in the license and the regulations and has failed
to cure such violation although the licensee has been given written notice thereof
pursuant to section 25-11-107 (5) and has had reasonable time to cure such
violation; or
(c) The licensee has failed to provide an acceptable replacement warranty
when:
(I) The licensee's financial warrantor no longer has the financial ability to
carry out obligations under this article; or
(II) The department has received notice or information that the financial
warrantor intends to cancel, terminate, or revoke the warranty; or
(d) The licensee has failed to maintain its financial assurance warranty in
good standing as required by section 25-11-110 (6)(a); or
(e) An emergency endangering public health or safety has been caused by or
resulted from the licensee's use or possession of radioactive materials.
(2) (a) Upon determining that a decommissioning warranty should be
forfeited under subsection (1) of this section, the department shall issue to the
licensee an order forfeiting the decommissioning warranty. The order shall contain
written findings of fact and conclusions of law to support its decision and shall
direct affected financial warrantors to deliver to the department the full amounts
warranted by applicable decommissioning warranties within not more than thirty
days after the date of the order.
(b) The licensee may request a hearing on the order of forfeiture that shall
be conducted in accordance with section 24-4-105, C.R.S., and that, if the
department alleges in the forfeiture order a violation of a license, regulation, or
order, the hearing may be conducted in conjunction with a hearing requested under
section 25-11-107 (5). Any request for a hearing pursuant to this part 1 shall be made
within twenty days after the date of the order of forfeiture and shall not affect the
obligation to submit to the department funds from decommissioning warranties
forfeited by such order unless a stay of forfeiture is granted by the department or
by administrative or judicial order.
(3) The department may request the attorney general, and the attorney
general is authorized, to commence legal proceedings necessary to secure or
recover amounts warranted by decommissioning warranties. The attorney general
shall have the power to collect, foreclose upon, present for payment, take
possession of, or dispose of pledged property, and otherwise reduce to cash any
financial assurance arrangement required by this article.
(4) (a) Decommissioning funds recovered by the department pursuant to this
section shall be immediately deposited into the decommissioning fund created in
section 25-11-113 and shall be used solely for the disposal of radioactive materials
for the facility covered by the forfeited financial assurance warranties; the
decommissioning and decontamination of buildings, equipment, personal property,
and lands covered by the forfeited financial assurance warranties; and to cover the
department's reasonable attorney and administrative costs associated with
disposal, decommissioning, and decontamination for such facility.
(b) The department or its agent shall have a right to enter property of the
licensee to dispose of radioactive materials, decommission, and decontaminate
buildings, equipment, personal property, and lands. Upon completion of disposal,
decommissioning, and decontamination activities, the department shall present to
the licensee a full accounting and shall refund all unspent decommissioning
warranty moneys, including interest.
(5) Licensees shall remain liable for the total actual cost of disposal of,
decommissioning, and decontaminating affected buildings, equipment, personal
property, and lands, less any amounts expended by the department pursuant to
subsection (4) of this section, notwithstanding any discharge of applicable financial
assurance warranties.