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§ 30197.1. Financial Surety for Decommissioning -- Source Material.

17 CA ADC § 30197.1Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 1. State Department of Health Services (Refs & Annos)
Chapter 5. Sanitation (Environmental) (Refs & Annos)
Subchapter 4. Radiation
Group 2. Licensing of Radioactive Materials
Article 4. Licenses
17 CCR § 30197.1
§ 30197.1. Financial Surety for Decommissioning -- Source Material.
(a) Each applicant for a specific license authorizing the possession and use of more than 100 millicuries (mCi) of source material, as defined in section 114985(e) of the Health and Safety Code, in a readily dispersible form, shall submit a decommissioning funding plan (DFP) as described in section 30197(e). The applicant, upon becoming a licensee, shall be subject to section 30197(f) in addition to this section.
(b) Each applicant for a specific license authorizing possession and use of quantities of source material greater than 10 mCi but less than or equal to 100 mCi in a readily dispersible form shall either:
(1) Submit a DFP as described in section 30197(e). The applicant, upon becoming a licensee, shall be subject to section 30197(f) in addition to this section; or
(2) Submit a certification that financial surety for decommissioning has been provided in the amount of $225,000 using one of the methods described in section 30197(g). For an applicant, this certification may state that the appropriate surety will be obtained after the application has been approved and the license issued but before the receipt of licensed material. If the applicant defers execution of the financial instrument until after the license has been issued, a signed original of the financial instrument obtained to satisfy the requirements of section 30197(g) shall be submitted to the Department prior to receipt of licensed material. If the applicant does not defer execution of the financial instrument, the applicant shall submit to the Department, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of section 30197(g). The applicant, upon becoming a licensee, shall be subject to section 30197(f) in addition to this section.
(c) The following persons shall provide for financial surety as specified:
(1) Each holder of a specific license issued on or after January 1, 1996, which is of a type described in subsection (a) or (b), shall provide financial surety for decommissioning in accordance with the criteria set forth in this section and sections 30197(e) and (g) and be subject to section 30197(f), as applicable;
(2) Each holder of a specific license issued before January 1, 1996, and of a type described in subsection (a) shall submit a DFP as described in section 30197(e), or a certification of financial surety for decommissioning in an amount at least equal to $1,125,000 in accordance with the criteria set forth in section 30197(g). If the licensee submits the certification of financial surety rather than a DFP, the licensee shall include a DFP in any application for license renewal. The licensee shall be subject to section 30197(f), as applicable;
(3) Each holder of a specific license issued before January 1, 1996, and of a type described in subsection (b) shall submit a DFP, as described in section 30197(e), or a certification of financial surety for decommissioning in accordance with the criteria set forth in section 30197(g). The licensee shall be subject to section 30197(f), as applicable; and
(4) If, in surveys made under 10 CFR 20.1501(a), incorporated by reference in section 30253, residual radioactivity in the facility and environment, including the subsurface, is detected at levels that would, if left uncorrected, prevent the site from being released in accordance with the licensee's specific license, the licensee shall submit a DFP meeting the criteria specified in section 30197(e) within one year of when the survey is completed. Nothing in this section may be construed to eliminate the need to comply with section 30256, to authorize the performance of actual decommissioning activities, or to establish radiological criteria for termination of a specific license.
(d) Licensees shall maintain records as described and in accordance with section 30256(a).

Credits

Note: Authority cited: Sections 115000, 115091 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 115060, 115091, 115092, 115235, 131050, 131051 and 131052, Health and Safety Code.
History
1. New section filed 2-26-2019; operative 4-1-2019 (Register 2019, No. 9).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 30197.1, 17 CA ADC § 30197.1
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