Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-231a - Vacating installations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Notification.
			 Each licensee, before vacating any installation that could have been
			 contaminated by radioactive material as a result of the licensee's activities,
			 shall notify the department in writing of the intent to vacate, at least 30
			 days before vacating. Any licensee may be required by the secretary to
			 decontaminate, or have decontaminated, the installation to a degree consistent
			 with subsequent use as an uncontrolled area.
(b) Decommissioning timeliness.
(1) Each licensee in possession of a
			 nonexempt source of radiation who decides to terminate all activities involving
			 that source of radiation shall notify the department immediately, in writing.
(2) Each licensee responsible for
			 a facility or site that includes a nonexempt source of radiation or that could
			 be contaminated by residual radioactivity shall notify the department, in
			 writing, of the intent to vacate, at least 30 days before vacating or
			 relinquishing possession or control of the facility or site.
(3) Each licensee shall notify the
			 department, in writing, within 60 days of the occurrence of any of the
			 following:
(A) The licensee has decided to
			 permanently cease principal operations at the entire site or in any separate
			 building or outdoor area with residual radioactivity that renders the building
			 or outdoor area unsuitable for uncontrolled use in accordance with these
			 regulations.
(B) No principal
			 operations under the license have been conducted during the previous 24 months.
(C) No principal operations have
			 been conducted during the previous 24 months in any separate building or
			 outdoor area with residual radioactivity that renders the building or outdoor
			 area unsuitable for uncontrolled use in accordance with these regulations.
(4) From the date of
			 notification of the department as required in subsections (a) and (b) of this
			 regulation, the licensee shall perform either one of the following:
(A) Begin decommissioning activities; or
(B) within 12 months of
			 notification, submit a decommissioning plan, if required by K.A.R. 28-35-204,
			 and begin decommissioning upon the approval of that plan.
(5) Coincident with the notification of the
			 department required in subsections (a) and (b) of this regulation, the licensee
			 shall maintain in effect all decommissioning financial assurances established
			 by the licensee in conjunction with a license issuance or renewal or as
			 required by this part. The amount of the financial assurance shall be
			 increased, or may be decreased, in order to cover the detailed cost estimate
			 for decommissioning, as specified in K.A.R. 28-35-204.
(6) An alternate schedule may be approved by
			 the secretary for the submission of plans and for the completion of
			 decommissioning required by this regulation if the secretary determines that
			 both of the following conditions are met:
(A)
			 An alternative schedule is necessary to effectively conduct decommissioning.
(B) An alternative schedule either
			 presents no undue risks to public health and safety or is otherwise in the
			 public interest.
The schedule for decommissioning shall not commence until the
				secretary has made a determination on the request.