Sec. 8. (a) For licensed activities involving
disposal of low-level radioactive waste, the
department shall, and for other classes of licensed activity the department may, establish by rule or regulation standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the department for the decontamination, closure,
decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity, in case the licensee should default for any reason in performing such requirements.
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Terms Used In Indiana Code 10-19-12-8
- Contract: A legal written agreement that becomes binding when signed.
- Decommissioning: means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for postoperational care. See Indiana Code 10-19-12-4
- Department: means the Indiana department of homeland security established by IC 10-19-2-1. See Indiana Code 10-19-12-4
- Disposal of low-level radioactive waste: means the isolation of such waste from the biosphere by emplacement in a land burial facility. See Indiana Code 10-19-12-4
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Low-level radioactive waste: means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material. See Indiana Code 10-19-12-4
- Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, state agency other than the department, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, but not including federal government agencies. See Indiana Code 10-19-12-4
- Radiation: means ionizing radiation and nonionizing radiation. See Indiana Code 10-19-12-4
- Radioactive material: means material (solid, liquid, or gas) that emits ionizing radiation spontaneously. See Indiana Code 10-19-12-4
- site closure: means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following termination of a licensed operation. See Indiana Code 10-19-12-4
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(c) For licensed activities involving the disposal of low-level radioactive waste the department shall, and for other classes of licensed activity when radioactive material that will require surveillance or care is likely to remain at the site after the licensed activities cease, the department may, establish by rule or regulation standards and procedures to ensure that the licensee, before termination of the license, will make available such funding arrangements as may be necessary to provide for long-term site surveillance and care.
(d) All funds collected from licensees under subsection (c) shall be paid to the department for deposit by the state treasurer in a special fund called the radiation long-term care fund. All funds accrued as interest on money deposited in this fund are hereby appropriated and may be expended by the department for the continuing long-term surveillance, maintenance, and other care of facilities from which such funds are collected as necessary for protection of the public health and safety and the environment. Money in the fund shall not revert back to the state general fund. Notwithstanding any other provisions of this subsection, if title to and custody of any radioactive material and its disposal site are transferred to the United States upon termination of any license for which funds have been collected for such long-term care, the collected funds and interest accrued thereon shall be transferred to the United States.
(e) The sureties or other financial arrangements and funds required by subsections (a) and (c) shall be established in amounts sufficient to ensure compliance with those standards, if any, established by the U.S. Nuclear Regulatory Commission pertaining to closure, decommissioning, reclamation, and long-term site surveillance and care of such facilities and sites.
(f) In order to provide for the proper care and surveillance of sites subject to subsection (c), the department, on behalf of the state, may acquire by gift or transfer from another government agency or private person any land and appurtenances necessary to fulfill the purposes of this section. Any such gift or transfer is subject to approval and acceptance by the department.
(g) The department may by contract, agreement, lease, or license with any person, including another state agency, provide for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site subject to this section as needed to carry out the purposes of this section.
(h) In the event that a person licensed by any governmental agency other than the department desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump sum deposit shall be made to the radiation long-term care fund. The amount of such deposit shall be determined by the department taking into account the factors in subsections (c) and (e).
(i) All state, local, or other governmental agencies, shall be exempt from the requirements of subsections (a) and (c).
As added by P.L.28-2022, SEC.2.
