Utah Code 19-3-104. Registration and licensing of radiation sources by department — Assessment of fees — Rulemaking authority and procedure — Siting criteria — Indirect and direct costs
19-3-104. Registration and licensing of radiation sources by department — Assessment of fees — Rulemaking authority and procedure — Siting criteria — Indirect and direct costs.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Utah Code 19-3-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102
Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unlicensed facility: means a structure, road, or property:
(a)
adjacent to, but outside of, a licensed or permitted area; and
(b)
that is not used for waste disposal or waste management. See Utah Code 19-3-102
necessary for controlling exposure to sources of radiation that constitute a significant health hazard;
(b)
to meet the requirements of federal law relating to radiation control to ensure the radiation control programs under this part are qualified to maintain primacy from the federal government;
(c)
to establish certification procedure and qualifications for persons who survey mammography equipment and oversee quality assurance practices at mammography facilities; and
(d)
as necessary regarding the possession, use, transfer, or delivery of source and byproduct material and the disposal of byproduct material to establish requirements for:
(i)
the licensing, operation, decontamination, and decommissioning, including financial assurances; and
(ii)
the reclamation of sites, structures, and equipment used in conjunction with the activities described in this Subsection (4).
(5)
(a)
On and after January 1, 2003, a fee is imposed for the regulation of source and byproduct material and the disposal of byproduct material at uranium mills or commercial waste facilities, as provided in this Subsection (5).
(b)
If the Nuclear Regulatory Commission does not grant the amendment for state agreement status on or before March 30, 2003, fees under Subsection (5)(c) do not apply and are not required to be paid until on and after the later date of:
(i)
October 1, 2003; or
(ii)
the date the Nuclear Regulatory Commission grants to Utah an amendment for agreement state status for uranium recovery regulation.
(c)
For the payment periods beginning on and after July 1, 2003, the department shall establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject to the restrictions under Subsection (5)(b).
(d)
The division shall deposit fees the division receives under this Subsection (5) into the Environmental Quality Restricted Account created in Section 19-1-108.
(6)
(a)
The division shall assess fees for registration, licensing, and inspection of radiation sources under this section.
(b)
The division shall comply with the requirements of Section 63J-1-504 in assessing fees for licensure and registration.
(c)
The division shall deposit fees the division receives under this Subsection (6) into the Environmental Quality Restricted Account created in Section 19-1-108.
(7)
(a)
Except as provided in Subsection (8), the board may not adopt rules, for the purpose of the state assuming responsibilities from the United States Nuclear Regulatory Commission with respect to regulation of sources of ionizing radiation, that are more stringent than the corresponding federal regulations that address the same circumstances.
The board may adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are more stringent than corresponding federal regulations for the purpose described in Subsection (7) only if the board makes a written finding after public comment and hearing and based on evidence in the record that corresponding federal regulations are not adequate to protect public health and the environment of the state.
(b)
The findings described in Subsection (8)(a) shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for the board’s conclusion.
authorize independent qualified experts to conduct inspections required under this chapter of x-ray facilities registered with the division; and
(ii)
establish qualifications and certification procedures necessary for independent experts to conduct the inspections described in Subsection (9)(a)(i).
(b)
Independent experts under this Subsection (9) are not considered employees or representatives of the division or the state when conducting the inspections.
Subject to Subsection 19-3-105(10), any facility under Subsection (10)(a) for which a radioactive material license is required by this section shall comply with criteria established under this Subsection (10).
(c)
Subject to Subsection 19-3-105(10), a facility may not receive a radioactive material license until siting criteria have been established by the board. The criteria also apply to facilities that have applied for but not received a radioactive material license.
establish financial assurance requirements for closure and postclosure care of radioactive waste land disposal facilities; and
(b)
establish financial assurance requirements for closure and postclosure care of an unlicensed facility.
(12)
The rules described in Subsection (11) shall include the following provisions:
(a)
the financial assurance shall be based on an annual estimate and shall include closure and postclosure costs in areas subject to the licensed or permitted portions of the facility;
(b)
financial assurance for an unlicensed facility that supports the operation of a licensed or permitted facility shall include the estimated cost of:
(i)
the removal of structures;
(ii)
the testing of structures, roads, and property to ensure no radiological contamination has occurred outside of the licensed area; and
(iii)
stabilization and water infiltration control;
(c)
financial assurance cost estimates for a single approved waste disposal unit for which the volume of waste already placed and proposed to be placed in the unit within the surety period is less than the full waste capacity of the unit shall reflect the closure and postclosure costs for a waste disposal unit smaller than the approved waste disposal unit, if the unit could be reduced in size, meet closure requirements, and reduce closure costs;
(d)
financial assurance cost estimates for two approved adjacent waste disposal units that have been approved to be combined into a single unit and for which the combined volume of waste already placed and proposed to be placed in the units within the surety period is less than the combined waste capacity for the two separate units shall reflect either two separate waste disposal units or a single combined unit, whichever has the lowest closure and postclosure costs;
(e)
the licensee or permittee shall annually propose closure and postclosure costs upon which financial assurance amounts are based, including costs of potential remediation at the licensed or permitted facility and, notwithstanding the obligations described in Subsection (12)(b), any unlicensed facility;
(f)
to provide the information in Subsection (12)(e), the licensee or permittee shall provide:
(i)
a proposed annual cost estimate using the current edition of RS Means Facilities Construction Cost Data or using a process, including an indirect cost multiplier, previously agreed to between the licensee or permittee and the director; or
(ii)
(A)
for an initial financial assurance determination and for each financial assurance determination every five years thereafter, a proposed competitive site-specific estimate for closure and postclosure care of the facility at least once every five years; and
(B)
for each year between a financial assurance determination described in Subsection (12)(f)(ii)(A), a proposed financial assurance estimate that accounts for current site conditions and that includes an annual inflation adjustment to the financial assurance determination using the Gross Domestic Product Implicit Price Deflator of the Bureau of Economic Analysis, United States Department of Commerce, calculated by dividing the latest annual deflator by the deflator for the previous year; and
(g)
the director shall:
(i)
annually review the licensee’s or permittee’s proposed closure and postclosure estimate; and
(ii)
approve the estimate if the director determines that the estimate would be sufficient to provide for closure and postclosure costs.
(13)
Subject to the financial assurance requirements described in Subsections (11) and (12), if the director and the licensee or permittee do not agree on a final financial assurance determination made by the director, the licensee or permittee may appeal the determination in:
(a)
an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act, with the costs of the arbitration to be split equally between the licensee or permittee and the division, if both the licensee or permittee and the director agree in writing to arbitration; or
(b)
a special adjudicative proceeding under Section 19-1-301.5.
