|(a) Unless otherwise provided by the agency, each licensee
licensed in accordance with this part for disposal of by-product material
shall make payments into the Environmental Radiation and Perpetual
Care Account in amounts specified by the agency. The agency shall
make such determinations on a case-by-case basis.
(b) The final disposition of by-product material should
be such that the need for ongoing active maintenance is eliminated
to the maximum extent practicable.
(c) A minimum charge of $250,000 (1978 dollars) or
more, if determined by the agency, must be paid into the Environmental
Radiation and Perpetual Care Account to cover the costs of long-term
care and maintenance. The total charge must be paid prior to the termination
of a license. With agency approval, the charge may be paid in installments.
The total or unpaid portion of the charge must be covered during the
term of the license by additional security meeting the requirements
of §336.1125 of this title (relating to Financial Assurance Requirements).
If site surveillance, control, or maintenance requirements at a particular
site are determined, on the basis of a site-specific evaluation, to
be significantly greater (for example, if fencing or monitoring is
determined to be necessary), the agency may specify a higher charge.
The total charge must be such that, with an assumed 1.0% annual real
interest rate, the collected funds will yield interest in an amount
sufficient to cover the annual costs of site care, surveillance, and
where necessary, maintenance. Prior to actual payment, the total charge
will be adjusted annually for inflation. The inflation rate to be
used is that indicated by the change in the Consumer Price Index published
by the United States Department of Labor, Bureau of Labor Statistics.
(d) The requirements of this section apply only to
those sites whose ownership is subject to being transferred to the
state or the federal government. The total amount of funds collected
by the agency in accordance with this section must be transferred
to the federal government if title and custody of the by-product material
disposal site is transferred to the federal government upon termination
of the license.