| (a) Each license expires at the end of the day on the expiration
date stated in the license unless the licensee has filed an application for
renewal not less than 30 days before the expiration date stated in the existing
license. If an application for renewal in proper form has been filed at least
30 days before the expiration date stated in the existing license, the existing
license shall not expire until the application has been finally determined
by the commission. For the purposes of this section, "proper form" shall mean
that the application includes the information required by §336.617 of
this title (relating to Technical Requirements for Inactive Disposal Sites)
or §336.513 of this title (relating to Technical Requirements for Active
Disposal Sites). The existing license expires at the end of the day on which
the commission makes a final determination to deny the renewal application
or, if the determination states an expiration date, the expiration date stated
in the determination.
(b) Each license revoked by the commission expires at the end
of the day on the date of the commission's final determination to revoke the
license, or on the expiration date stated in the determination, or as otherwise
provided by commission order.
(c) Each license continues in effect, beyond the expiration
date if necessary, with respect to possession of source material, byproduct
material, or other radioactive material until the commission notifies the
licensee in writing that the license is terminated. During this time, the
licensee shall:
(1) limit actions involving source material, byproduct material,
or other radioactive material to those related to decommissioning; and
(2) continue to control entry to restricted areas until they
are suitable for release in accordance with commission requirements.
(d) Within 60 days of the occurrence of any of the following,
each licensee of an active disposal site shall provide written notification
to the executive director:
(1) the license has expired under subsection (a) or (b) of
this section; or
(2) the licensee has decided to permanently cease principal
activities at the entire site or in any separate building or outdoor area
that contains residual radioactivity such that the building or outdoor area
is unsuitable for unrestricted release in accordance with commission requirements;
or
(3) no principal activities under the license have been conducted
for a period of 24 months; or
(4) no principal activities have been conducted for a period
of 24 months in any separate building or outdoor area that contains residual
radioactivity such that the building or outdoor area is unsuitable for release
in accordance with commission requirements.
(e) The licensee of an active disposal site shall either:
(1) within 60 days of the occurrence for which notification
is required by subsection (d) of this section, begin decommissioning its site
or any separate building or outdoor area that contains residual radioactivity,
according to an approved decommissioning plan, so that the building or outdoor
area is suitable for release in accordance with commission requirements; or
(2) if no decommissioning plan has been submitted, submit a
decommissioning plan to the executive director, including a signed statement
adjusting the amount of financial assurance based upon the detailed cost estimate
included in the decommissioning plan, within 12 months of the notification
required by subsection (d) of this section and request an amendment of the
license to incorporate the plan into the license; and
(3) begin decommissioning within 60 days of the approval of
that plan by the commission.
(f) The licensee of an inactive disposal site licensed under §336.615
of this title (relating to Inactive Disposal Sites), shall provide notice
of and begin decommissioning within 90 days of license renewal. The owner
or operator of an unlicensed inactive disposal site must apply for a license
to decommission the site and begin decommissioning within 90 days of license
approval.
(g) All licensees shall follow a commission-approved closure
plan for decontamination, decommissioning, restoration, and reclamation of
buildings and the site.
(1) Coincident with the notification required by subsections
(d) or (f) of this section, the licensee shall continue to maintain in effect
all decommissioning financial assurance until the license is terminated by
the commission.
(2) The amount of the financial assurance must be increased,
or may be decreased, as appropriate, to cover the detailed cost estimate for
decommissioning established under §336.613(f)(5) of this title (relating
to Additional Requirements).
(3) Any licensee who has not provided financial assurance to
cover the detailed cost estimate submitted with the decommissioning plan shall
do so on or before January 1, 1998.
(4) Following approval of the decommissioning plan, with the
approval of the executive director, a licensee may reduce the amount of the
financial assurance as decommissioning proceeds and radiological contamination
is reduced at the site.
(h) The executive director may grant in writing a request to
extend the time periods established in subsections (d), (e), or (f) of this
section, or to delay or postpone the decommissioning process, if the executive
director determines that this relief is not detrimental to the public health
and safety and is otherwise in the public interest. The request must be submitted
in writing no later than 30 days before notification under subsection (d)
or (f) of this section. The schedule for decommissioning set forth in subsection
(e) or (f) of this section may not commence until the executive director has
made a determination on the request.
(i) Licenses, including expired licenses, will be terminated
by the commission by written notice to the licensee when the executive director
determines that:
(1) source material, byproduct material, and other radioactive
material has been properly disposed;
(2) reasonable effort has been made to eliminate residual radioactive
contamination, if present;
(3) the site is suitable for release;
(A) a radiation survey has been performed which demonstrates
that the premises are suitable for release in accordance with commission requirements;
or
(B) other information submitted by the licensee is sufficient
to demonstrate that the premises are suitable for release in accordance with
commission requirements;
(4) the licensee has paid any outstanding fees required by
Subchapter B of this chapter (relating to Radioactive Substance Fees) and
has resolved any outstanding notice(s) of violation issued to the licensee;
and
(5) the licensee has complied with all other applicable decommissioning
criteria required by this subchapter.
(j) A licensee may request that a subsite or a portion of a
licensed area be released for unrestricted use before full license termination
as long as release of the area of concern will not adversely impact the remaining
unaffected areas and will not be recontaminated by ongoing authorized activities.
When the licensee is confident that the area of concern will be acceptable
to the state for release for unrestricted use, a written request for release
for unrestricted use and agency confirmation of close-out work performed must
be submitted to the executive director. The request should include a comprehensive
report, accompanied by survey and sample results which show contamination
is less than the limits specified in §336.603 of this title (relating
to Radiological Criteria for Unrestricted Use), and an explanation of how
ongoing authorized activities will not adversely affect the area proposed
to be released. Upon confirmation by the executive director that the area
of concern is indeed releasable for unrestricted use, the licensee may apply
for a license amendment, if required.
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