Any person who owns, operates, controls, or possesses an inactive disposal
site and who does not hold a current radioactive material license for the
inactive disposal site shall apply for a license to decommission by January
1, 2000. This subchapter does not apply to diffuse naturally occurring radioactive
material (NORM) waste having concentrations of radium-226 or radium-228 of
less than 2,000 pCi/g. Any decommissioning performed to fulfill this provision
shall be performed by an individual who is qualified and licensed to perform
the activities, ensuring that all appropriate radiation protection standards
for workers and the public are met, including the maintenance of records.
(1) If the site meets the requirements for unrestricted use
of §336.603 of this title, (relating to Radiological Criteria for Unrestricted
Use), the owner shall submit to the executive director the information required
by §336.603(c) of this title before January 1, 2000. Once the executive
director verifies that the criteria have been met, the executive director
will certify in writing that the owner is in compliance with the regulations
and will not require any further cleanup, unless there is new evidence that
the decommissioning standards for unrestricted use were not met and that residual
radioactivity remaining at the site could result in significant threat to
public health and safety.
(2) If a site is decommissioned for unrestricted use under §336.603
of this title before January 1, 2000, a license is not required. If decommissioning
is completed before January 1, 2000, proof of decommissioning must be submitted
to the agency before January 1, 2000, or the owner shall submit an application
for license by that date. Once the executive director verifies that the criteria
have been met, the executive director will certify in writing that the owner
is in compliance with the regulations and will not require any further cleanup,
unless there is new evidence that the decommissioning standards for unrestricted
use were not met and that residual radioactivity remaining at the site could
result in significant threat to public health and safety.
(3) If a site does not meet the requirements for unrestricted
use and the owner does not decommission before January 1, 2000, or if the
owner plans to decommission under §336.607 of this title (relating to
Criteria for License Termination under Restricted Conditions) or §336.609
of this title (relating to Alternate Criteria for License Termination), the
owner shall apply for a license to decommission by January 1, 2000. The applicant
shall provide the information required by this subchapter using a form provided
by the agency.
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