General agency terms used in several chapters are defined in Chapter
3 of this title (relating to Definitions). Terms used in this chapter are
defined in §336.2 of this title (relating to Definitions). Additional
terms used in this subchapter have the following definitions.
(1) Control and maintenance - Only for licenses that have been
terminated under restricted conditions, control and maintenance is the period
of time, and the activities that occur within that period of time, that begins
upon license termination and continues until the level of contamination at
the site reaches the level required under §336.603(a) of this title (relating
to Radiological Criteria for Unrestricted Use) for unrestricted use without
institutional controls.
(2) Inactive disposal site - A site or facility that:
(A) contains radioactive material disposed of below the surface,
or soils or structures contaminated with radioactive material; and
(B) no longer disposes or will dispose of, or accepts or will
accept for the purpose of disposal, additional radioactive material.
(3) Institutional control - Restrictions placed upon a facility
or site that are:
(A) proprietary institutional controls which are put in place
by the property owner, such as deed restrictions;
(B) governmental institutional controls, which are based on
a government's sovereign or police powers, such as zoning, water well-use
restrictions, and building permit requirements; and
(C) physical controls such as fences, markers, earthen covers,
and radiological monitoring and maintenance for those controls. Physical controls
must be used in combination with some type of legal instrument.
(4) Funding plan - A plan, equivalent to the decommissioning
funding plan of 10 Code of Federal Regulations §30.35 (Financial Assurance
and Recordkeeping for Decommissioning) and §40.36 (Financial Assurance
and Recordkeeping for Decommissioning), submitted by the holder of an existing
license before the development of a detailed decommissioning plan. The funding
plan includes:
(A) an initial cost estimate for decommissioning;
(B) a description of the financial mechanism(s) utilized; and
(C) a certification by the licensee that a signed original
of the financial assurance mechanism for decommissioning was submitted to
the executive director.
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