§ 236.603. Assurance for onsite cleanup during operation.
(a) Prior to receipt of a license, and annually thereafter, the applicant shall provide assurances to the satisfaction of the Department that sufficient funds are available to cover emergency actions necessary to prevent the unpermitted release of radioactive material to the general environment. See § § 236.13 and 236.15 (relating to protection of the general population and environment from releases of radioactivity; and protection of individuals during operations). In determining the cost of taking emergency actions, the applicant shall provide to the Department any information requested by the Department related to the management, transportation and disposal of low-level radioactivity waste.
(b) The Department will consider factors that may affect the cost of taking emergency actions. The factors include site and waste characteristics, facility design and operating procedures. Based on consideration of the factors, the Department will determine an amount necessary for compliance with the financial assurance requirements of this section. Its determination will include consideration of costs incurred if an independent contractor were hired to perform the work.
(c) Compliance with the financial assurance requirements of this section does not affect the licensee’s duty to take emergency actions or have available funds that may be necessary to enable the licensee to take required emergency actions.
(d) Subject to the approval of the Department, the applicant may use financial assurance, insurance or surety arrangements or a combination of arrangements to meet the financial assurance requirements of this section.
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