(a) Any radioactive materials license issued or renewed after July 4, 1983, for any activity which results in the production of radioactive material shall contain such terms and conditions as the State Radiation Control Agency determines to be necessary to assure that prior to termination of the license:
(1) The licensee will comply with decontamination, decommissioning, and reclamation standards prescribed by the agency, which shall be equivalent to or more stringent than those of the United States Nuclear Regulatory Commission or any successor thereto, for sites at which ores were processed primarily for their source material content and at which the radioactive material is deposited;
(2) Ownership of any disposal site and the radioactive material which resulted from the licensed activity shall be transferred to either the United States or the state, if this state exercises the option to acquire land used for the disposal of the radioactive material; and
(3) Any license which is in effect on July 4, 1983, and which is subsequently terminated without renewal shall comply with subdivisions (a)(1) and (2) of this section upon termination.
(b) The agency shall require by rule, regulation, or order that, prior to the termination of any license which is issued after July 4, 1983, title to the land including any interests therein other than land held in trust by the United States for any Indian tribe or owned by an Indian tribe subject to a restriction against alienation imposed by the United States, or land already owned by the United States or by this state, which is used pursuant to the license for the disposal of radioactive material shall be transferred to either the United States or to the state, unless the United States Nuclear Regulatory Commission or any successor thereto determines prior to the termination that transfer of title to the land and the material is not necessary or desirable to protect the public health, safety, or welfare, or to minimize danger to life or property.
(c) If transfer of the title to the radioactive material and land to the state is required, the agency, following the United States Nuclear Regulatory Commission's determination that the licensee has complied with applicable standards and requirements under his or her license, shall assume title to the material or land and maintain the material and land in such manner as will protect the public health and safety and the environment.
(d) The agency may undertake such monitoring, maintenance, and emergency measures as are necessary to protect the public health and safety for those materials and property for which it has assumed custody pursuant to this subchapter.
(e) The transfer of title to land or radioactive materials to the United States or to this state shall not relieve any licensee of liability for any fraudulent or negligent acts done prior to the transfer.
(f) Other than administrative and legal costs incurred by the United States or by this state in carrying out the transfer, radioactive materials or land transferred to the United States or to the state in accordance with this section shall be transferred without cost.
Section: Previous 20-21-209 20-21-210 20-21-211 20-21-212 20-21-213 20-21-214 20-21-215 20-21-216 20-21-217 20-21-218 20-21-219 20-21-220 20-21-221 20-21-222 NextLast modified: November 15, 2016