Indiana § 10-19-12-8 - Surety requirements; radiation funds; site surveillance and care

§ 10-19-12-8. Surety requirements; radiation funds; site surveillance and care

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.

(b) All sureties required under subsection (a) that are forfeited shall be paid to the department for deposit by the state treasurer in a special fund called the radiation site closure and disposal fund. All money in this fund is hereby appropriated and may be expended by the department as necessary to complete such requirements on which licensees have defaulted. Money in this fund shall not be used for normal operating expenses of the department. Money in the fund shall not revert back to the state general fund.

(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.