Washington Administrative Code › Title 246 - Health, Department of › RADIATION › Chapter 246-250 - Radioactive waste-Licensing land disposal › FINANCIAL ASSURANCES › Section 246-250-520 - Funding for disposal site closure and stabilization

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant shall provide assurances
				  prior to the commencement of operations that sufficient funds will be available
				  to carry out disposal site closure and stabilization, including: (a)
				  Decontamination or dismantlement of land disposal facility structures; and (b)
				  closure and stabilization of the disposal site so that following transfer of
				  the disposal site to the site owner, the need for ongoing active maintenance is
				  eliminated to the extent practicable and only minor custodial care,
				  surveillance and monitoring are required. These assurances shall be based on
				  department-approved cost estimates reflecting the department-approved plan for
				  disposal site closure and stabilization. The applicant's cost estimates must
				  take into account total costs that would be incurred if an independent
				  contractor were hired to perform the closure and stabilization work.
(2) In order to avoid unnecessary duplication
				  and expense, the department will accept financial sureties that have been
				  consolidated with earmarked financial or surety arrangements established to
				  meet requirements of federal or other state agencies for such decontamination,
				  closure, and stabilization. The department will accept these arrangements only
				  if they are considered adequate to satisfy the requirements of this section and
				  that the portion of the surety which covers the closure of the disposal site is
				  clearly identified and committed for use in accomplishing these
				  activities.
(3) The licensee's
				  financial or surety arrangement shall be submitted annually for review by the
				  department to assure that sufficient funds will be available for completion of
				  the closure plan.
(4) The amount of
				  the licensee's financial or surety arrangement shall change in accordance with
				  changes in the predicted costs of closure and stabilization. Factors affecting
				  closure and stabilization cost estimates include inflation, increases in the
				  amount of disturbed land, changes in engineering plans, closure and
				  stabilization that has already been accomplished, and any other conditions
				  affecting costs. The financial or surety arrangement shall be sufficient at all
				  times to cover the costs of closure and stabilization of the disposal units
				  that are expected to be used before the next license renewal.
(5) The financial or surety arrangement shall
				  be written for a specified period of time and shall be automatically renewed
				  unless the person who issues the surety notifies the department, the
				  beneficiary (the site owner), and the principal (the licensee) not less than
				  ninety days prior to the renewal date of its intention not to renew. In such a
				  situation, the licensee must submit a replacement surety within thirty days
				  after notification of cancellation. If the licensee fails to provide a
				  replacement surety acceptable to the department, the beneficiary may collect on
				  the original surety.
(6) Proof of
				  forfeiture shall not be necessary to collect the surety so that, in the event
				  that the licensee could not provide an acceptable replacement surety within the
				  required time, the surety shall be automatically collected prior to its
				  expiration. The conditions described above shall be clearly stated on any
				  surety instrument.
(7) Financial or
				  surety arrangements generally acceptable to the department include surety
				  bonds, cash deposits, certificates of deposit, deposits of government
				  securities, escrow accounts, irrevocable letters or lines of credit, trust
				  funds, and combinations of the above or such other types of arrangements as may
				  be approved by the department. Self-insurance, or any arrangement which
				  essentially constitutes self-insurance, will not satisfy the surety requirement
				  for private sector applicants.
(8)
				  The licensee's financial or surety arrangement shall remain in effect until the
				  closure and stabilization program has been completed and approved by the
				  department, and the license has been transferred to the site owner.
Statutory Authority:
						RCW
						43.70.040. 91-02-049 (Order 121), recodified
						as § 246-250-520, filed 12/27/90, effective 1/31/91. Statutory Authority:
						RCW
						   70.98.080. 87-01-031 (Order 2450), §
						402-61-300, filed 12/11/86.