30 TAC § 336.602. Definitions

General agency terms used in several chapters are defined in Chapter 3 of this title (relating to Definitions). Terms used in this chapter are defined in §336.2 of this title (relating to Definitions). Additional terms used in this subchapter have the following definitions.

(1) Control and maintenance - Only for licenses that have been terminated under restricted conditions, control and maintenance is the period of time, and the activities that occur within that period of time, that begins upon license termination and continues until the level of contamination at the site reaches the level required under §336.603(a) of this title (relating to Radiological Criteria for Unrestricted Use) for unrestricted use without institutional controls.

(2) Inactive disposal site - A site or facility that:

(A) contains radioactive material disposed of below the surface, or soils or structures contaminated with radioactive material; and

(B) no longer disposes or will dispose of, or accepts or will accept for the purpose of disposal, additional radioactive material.

(3) Institutional control - Restrictions placed upon a facility or site that are:

(A) proprietary institutional controls which are put in place by the property owner, such as deed restrictions;

(B) governmental institutional controls, which are based on a government's sovereign or police powers, such as zoning, water well-use restrictions, and building permit requirements; and

(C) physical controls such as fences, markers, earthen covers, and radiological monitoring and maintenance for those controls. Physical controls must be used in combination with some type of legal instrument.

(4) Funding plan - A plan, equivalent to the decommissioning funding plan of 10 Code of Federal Regulations §30.35 (Financial Assurance and Recordkeeping for Decommissioning) and §40.36 (Financial Assurance and Recordkeeping for Decommissioning), submitted by the holder of an existing license before the development of a detailed decommissioning plan. The funding plan includes:

(A) an initial cost estimate for decommissioning;

(B) a description of the financial mechanism(s) utilized; and

(C) a certification by the licensee that a signed original of the financial assurance mechanism for decommissioning was submitted to the executive director.