Section 29-0703. Closure and post-closure plans


Latest version.
  • 1.  Any  permits  for  such facilities for the management of low-level
      radioactive waste issued by the  department  shall  require  owners  and
      operators   of  facilities  for  the  permanent  disposal  of  low-level
      radioactive waste to submit to the department for its approval plans for
      the  closure  and  post-closure  monitoring  and  maintenance  of  their
      facilities.   The   department  may  promulgate  rules  and  regulations
      concerning the contents of such plans.  Such  plans  shall  be  approved
      prior to the effective date of the facilities' operating permit.
        2. Together with the submission of a plan for closure and post-closure
      monitoring and maintenance, the owner or operator of such facilities for
      the  permanent  disposal  of low-level radioactive waste shall submit to
      the department for approval a written estimate of the  costs  associated
      with  closure  at  the estimated point in the facilities' operating life
      when the extent and manner of their operation  would  make  closure  the
      most expensive, as indicated by the closure plan.
        3.  The  owner  or operator shall prepare new closure and post-closure
      monitoring and maintenance cost  estimates  whenever  a  change  in  the
      closure and post-closure monitoring and maintenance requirements affects
      the cost of the closure or post-closure care.
        4.  One  year after the approval of the cost estimates as set forth in
      subdivision two of this section, and annually thereafter  until  closure
      of  the  facilities,  the operator's closure and post-closure monitoring
      and maintenance estimates shall be adjusted to account for inflation.
        5. All estimates made pursuant to this section  and  revision  thereto
      shall be subject to the review and approval of the department.
        6.  The  methods and instruments of financial assurances for permitted
      facilities for permanent disposal of low-level radioactive  waste  shall
      be periodically reviewed by the department to determine whether they are
      adequate  in light of changed circumstances to insure proper closure and
      post-closure monitoring and maintenance of such facilities.