64E-5.223. Criteria for License Termination Under Restricted Conditions

A site is acceptable for license termination under restricted conditions if it meets the criteria below.

(1) The residual levels associated with restricted conditions are ALARA or the licensee can demonstrate that further reductions in residual radioactivity to comply with the provisions of Rule 64E-5.222, F.A.C., would result in an increase in public or environmental harm. Determination of the ALARA levels must take into account any detriments such as traffic accidents potentially expected to result from decontamination and waste disposal.

(2) The licensee has made provisions for legally enforceable institutional controls that provide reasonable assurance that the total effective dose equivalent from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 millirem (0.25 mSv) per year.

(3) The licensee has provided sufficient financial assurance to enable an independent third party including a governmental custodian of a site to assume and carry out responsibilities for any necessary control and maintenance of the site. Acceptable financial assurance mechanisms are:

(a) Funds sufficient to pay decommissioning costs placed into an account segregated from the licensee’s assets and outside the licensee’s administrative control before the start of decommissioning operations; or

(b) A bond as specified in Rule 64E-5.217, F.A.C., or

(c) An arrangement deemed acceptable by the governmental entity that is assuming custody and ownership of a site.

(4) The licensee has submitted a decommissioning or license termination plan as specified in subsection 64E-5.214(2), F.A.C., to the department indicating the licensee's intent to decommission in accordance with this part and specifying that the licensee intends to decommission by restricting use of the site. The licensee shall document in the license termination or decommissioning plan how the advice of individuals and institutions in the community who could be affected by the decommissioning has been sought and incorporated, as appropriate, following analysis of that advice.

(a) Licensees proposing to decommission by restricting use of the site shall seek advice from such affected parties regarding the following matters:

1. Whether provisions for institutional controls proposed by the licensee:

a. Will provide reasonable assurance that the total effective dose equivalent from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 millirem (0.25 mSv) per year;

b. Will be enforceable; and

c. Will not impose undue burdens on the local community or other affected parties.

2. Whether the licensee has provided sufficient financial assurance to enable an independent third party including a governmental custodian of a site to assume and carry out responsibilities for any necessary control and maintenance of the site.

(b) In seeking advice on the issues identified in (a), above, the licensee shall provide for:

1. Participation by representatives of a broad cross section of community interests who could be affected by the decommissioning;

2. An opportunity for a comprehensive, collective discussion on the issues by the participants represented; and

3. A publicly available summary of the results of all such discussions including a description of the individual viewpoints of the participants on the issues and the extent of agreement or disagreement among the participants on the issues.

(5) Residual radioactivity at the site has been reduced so that if the institutional controls were no longer in effect there is reasonable assurance that the total effective dose equivalent from residual radioactivity distinguishable from background to the average member of the critical group is as low as reasonably achievable and would not exceed 100 millirem (1 mSv) per year.

Rulemaking Authority 404.051(4), (6), (9), 404.061(2), 404.081 FS. Law Implemented 404.051(1), (2), (3), (4), (6), (9), 404.061(2), 404.081(1) FS. History–New 12-19-01.