(a)For licensed activities involving disposal
of low-level radioactive waste, the department shall, and for other
classes of licensed activity the department may, establish by rule or
regulation standards and procedures to ensure that the licensee will
provide an adequate surety or other financial arrangement to permit the
completion of all requirements established by the department for the
decontamination, closure, decommissioning, and reclamation of sites,
structures, and equipment used in conjunction with such licensed
activity, in case the licensee should default for any reason in
performing such requirements.
(b)All sureties required under subsection (a) that are forfeited shall
be paid to the department for deposit by the state treasurer in a special
fund called the radiation site
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(a) For licensed activities involving disposal
of low-level radioactive waste, the department shall, and for other
classes of licensed activity the department may, establish by rule or
regulation standards and procedures to ensure that the licensee will
provide an adequate surety or other financial arrangement to permit the
completion of all requirements established by the department for the
decontamination, closure, decommissioning, and reclamation of sites,
structures, and equipment used in conjunction with such licensed
activity, in case the licensee should default for any reason in
performing such requirements.
(b) All sureties required under subsection (a) that are forfeited shall
be paid to the department for deposit by the state treasurer in a special
fund called the radiation site closure and disposal fund. All money in
this fund is hereby appropriated and may be expended by the
department as necessary to complete such requirements on which
licensees have defaulted. Money in this fund shall not be used for
normal operating expenses of the department. Money in the fund shall
not revert back to the state general fund.
(c) For licensed activities involving the disposal of low-level
radioactive waste the department shall, and for other classes of licensed
activity when radioactive material that will require surveillance or care
is likely to remain at the site after the licensed activities cease, the
department may, establish by rule or regulation standards and
procedures to ensure that the licensee, before termination of the
license, will make available such funding arrangements as may be
necessary to provide for long-term site surveillance and care.
(d) All funds collected from licensees under subsection (c) shall be
paid to the department for deposit by the state treasurer in a special
fund called the radiation long-term care fund. All funds accrued as
interest on money deposited in this fund are hereby appropriated and
may be expended by the department for the continuing long-term
surveillance, maintenance, and other care of facilities from which such
funds are collected as necessary for protection of the public health and
safety and the environment. Money in the fund shall not revert back to
the state general fund. Notwithstanding any other provisions of this
subsection, if title to and custody of any radioactive material and its
disposal site are transferred to the United States upon termination of
any license for which funds have been collected for such long-term
care, the collected funds and interest accrued thereon shall be
transferred to the United States.
(e) The sureties or other financial arrangements and funds required
by subsections (a) and (c) shall be established in amounts sufficient to
ensure compliance with those standards, if any, established by the U.S.
Nuclear Regulatory Commission pertaining to closure,
decommissioning, reclamation, and long-term site surveillance and
care of such facilities and sites.
(f) In order to provide for the proper care and surveillance of sites
subject to subsection (c), the department, on behalf of the state, may
acquire by gift or transfer from another government agency or private
person any land and appurtenances necessary to fulfill the purposes of
this section. Any such gift or transfer is subject to approval and
acceptance by the department.
(g) The department may by contract, agreement, lease, or license
with any person, including another state agency, provide for the
decontamination, closure, decommissioning, reclamation, surveillance,
or other care of a site subject to this section as needed to carry out the
purposes of this section.
(h) In the event that a person licensed by any governmental agency
other than the department desires to transfer a site to the state for the
purpose of administering or providing long-term care, a lump sum
deposit shall be made to the radiation long-term care fund. The amount
of such deposit shall be determined by the department taking into
account the factors in subsections (c) and (e).
(i) All state, local, or other governmental agencies, shall be exempt
from the requirements of subsections (a) and (c).