Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 3 - LICENSING OF RADIOACTIVE MATERIAL › Section 180-3-011 - GENERAL REQUIREMENTS FOR THE ISSUANCE OF SPECIFIC LICENSES

Current through June 17, 2024
An applicant for a specific license must:
(A) Be qualified by reason of training and
  experience to use the material in question for the purpose requested according
  to Title 180 in such a manner as to minimize danger to public health and safety
  or property;
(B) Have proposed
  equipment, facilities, and procedures are adequate to minimize danger to the
  public health and safety or property;
(C) Demonstrate that the issuance of the
  license will not be inimical to the health and safety of the public;
  and
(D) Satisfy any applicable
  special requirements in 180 NAC
  3-013, 180 NAC
  3-014, or 180 NAC
  3-015, 180 NAC 5, 180 NAC 7, 180 NAC
  12, 180 NAC 14 or 180 NAC 19.
011.01
ENVIRONMENTAL REPORT,
  COMMENCEMENT OF CONSTRUCTION.
In the case of an application for a
  license to receive and possess radioactive material for commercial waste
  management, source material milling, or for the conduct of any other activity
  which the Department determines will significantly affect the quality of the
  environment, the Department, before commencement of construction of the plant
  or facility in which the activity will be conducted, has concluded, 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 conclusion is 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 roads for site exploration,
  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 the environmental values.
011.02
FINANCIAL SURETY
  ARRANGEMENTS FOR SITE RECLAMATION.
The following applies to
  financial surety arrangements for site reclamation.
011.02(A)
FINANCIAL
  SURETY.
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 180 NAC
  3-011.02 must 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 the Act.
011.02(A)(i)
COST ESTIMATES.
The amount of funds to be ensured by
  such surety arrangements must be based on Department approved cost estimates
  equal to meet the requirements of 180 NAC
  3-011.02(A).
011.02(A)(ii)
SELF INSURANCE
  PROHIBITED.
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.