Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-10 - Approval of specific licenses; environmental reports; surety for site reclamation; long-term care fund

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 10.
A license application will be approved if the board
				  determines that:
(a) The applicant is
				qualified by reason of training and experience to use the material in question
				for the purpose requested in accordance with 410 IAC 5 in such a manner as to
				minimize danger to public health and safety or property;
(b) The applicant's proposed equipment,
				facilities and procedures are adequate to minimize danger to public health and
				safety or property;
(c) The
				issuance of the license will not be inimical to the health and safety of the
				public; and
(d) The applicant
				satisfies any applicable special requirements in
				410
				IAC 5-3-11,
				410 IAC
				5-3-12,
				410
				IAC 5-3-13.
(e) Environmental Report, Commencement of
				Construction. In the case of an application for a license to receive and
				possess radioactive material for commercial waste disposal by land burial,
				source material milling, or for the conduct of any other activity which the
				board determines will significantly affect the quality of the environment, the
				board, before commencement of construction of the plant or facility in which
				the activity will be conducted, shall make a determination, after weighing the
				environmental, economic, technical and other benefits against environmental
				costs and considering available alternatives, that the action called for is the
				issuance of the proposed license, with any appropriate conditions to protect
				environmental values. Commencement of construction prior to such determination
				shall be grounds for denial of a license to receive and possess radioactive
				material in such plant or facility. As used in this paragraph, the term
				"commencement of construction" means any clearing of land, excavation, or other
				substantial action that would adversely affect the environment of a site. The
				term does not mean site exploration, necessary borings to determine foundation
				conditions, or other preconstruction monitoring or testing to establish
				background information related to the suitability of the site or the protection
				of environmental values.
(f)
				Financial Surety Arrangements for Site Reclamation.
(1) Pursuant to applicable state statutes,
				and as otherwise provided, financial surety arrangements for site reclamation
				which may consist of surety bonds, cash deposits, certificates of deposit,
				deposits of government securities, letters or lines of credit, or any
				combination of the above for the categories of licensees listed in 410 IAC
				5-3-10(f)(4) shall be established to ensure the protection of the public health
				and safety in the event of abandonment, default, or other inability of the
				licensee to meet the requirements of IC 13-1-2
[IC 13-1 was repealed by
				P.L. 1-1996, SECTION 99, effective July 1, 1996.]
and 410 IAC 5.
(i) The amount of funds to be ensured by such
				surety arrangements shall be based on board-approved cost estimates.
(ii) Self insurance, or any arrangement which
				essentially constitutes self insurance, will not satisfy the surety requirement
				since this provides no additional assurance other than that which already
				exists through license requirements.