§ 35-11-2003 — Licensure; license requirements; enforcement actions

(a) The director is authorized to issue licenses to
implement the requirements of the Atomic Energy Act of 1954, 42
U.S.C. § 2011 et seq., as amended. Licenses issued under this
section shall also authorize the possession and use of (1)
source materials involved in uranium or thorium recovery or
milling and the associated byproduct material or (2) source
material recovered from any mineral resources primarily for
purposes other than obtaining the source material content as
provided in this article. The director is further authorized to
enforce license provisions in accordance with this article. The
department shall recognize existing and effective licenses
issued by the nuclear regulatory commission. The department
shall also recognize licenses issued by other agreement states
only for (1) source material involved in uranium or thorium
recovery or milling or the associated byproduct material or (2)
the source material recovered from any mineral resources
primarily for purposes other than obtaining the source material
content.
(b) The director is authorized to use license conditions
to address matters specific to particular licensees. The
department may impose additional license conditions when
required to protect public health and safety.
(c) The director shall grant an exemption from a license
requirement, including an exemption from the requirement to
obtain a license, if the exemption provides adequate protection
of public health and safety and is compatible with nuclear
regulatory commission requirements.
(d) The department shall inspect a licensee's operation to
ensure compliance with license conditions, as determined
necessary by the administrator of the land quality division to
protect public health and safety. The department shall also
inspect proposed facilities and proposed expansion of existing
facilities to ensure that unauthorized construction is not
occurring. Licensees, permittees and applicants for a license or
permit shall obtain and grant the department access to inspect
their facilities, source material involved in uranium or thorium
recovery or milling and the associated byproduct material or the
source material recovered from any mineral resources processed
primarily for purposes other than obtaining the source material
content at such times and frequencies as determined necessary by
the department to protect public health and safety.
(e) When issuing a license for byproduct material under
this article, the director shall require licensees to provide an
approved financial assurance arrangement consistent with nuclear
regulatory commission requirements provided in 10 C.F.R. part
40, appendix A, as amended. The arrangement shall cover the cost
estimate and the payment of the charge for decommissioning, long
term surveillance and control pursuant to 10 C.F.R. part 40,
appendix A.
(f) The director is authorized to suspend licenses,
impound (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material and
(2) the source material recovered from any mineral resources
processed primarily for purposes other than obtaining the source
material content and conduct enforcement actions in accordance
with this article, article 9 of this chapter and rules and
regulations promulgated under this act. The director is
authorized to suspend licenses and conduct enforcement actions
in accordance with department rules and regulations and this
article. In cases of an imminent threat to public health and
safety, the director is authorized to issue an emergency order
immediately suspending a license and any associated activity as
provided in W.S. 35-11-115. The director is authorized to
suspend or revoke a license for repeated or continued
noncompliance with program requirements pursuant to its rules
and regulations and this article. The director is also
authorized to seek injunctive relief and impose civil or
administrative monetary penalties as provided by law.