La. Admin. Code tit. 33 § XV-1420

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1420 - Financial Security Requirements for NORM Treatment, Storage, or Disposal

A. Each general or specific licensee that stores NORM or NORM waste for greater than 90 days, and each specific licensee that leases or owns a physical location and that physically or chemically treats or stores NORM or NORM waste shall post with the department financial security to ensure the protection of the public health and safety and the environment in the event of abandonment, default, or other inability or unwillingness of the licensee to meet the requirements of the Act and these rules. Financial security shall:

1. name the department as beneficiary with a bond issued by a fidelity or surety company authorized to do business in Louisiana, a personal bond secured by such collateral as the department deems satisfactory, a cash bond, a liability endorsement, or a letter of credit. The amount of the bond, liability endorsement, or letter of credit shall be equal to or greater than the amount of the security required. Any security shall be available in Louisiana and subject to judicial process and execution in the event required for the purposes set forth in this Section, and be continuous for the term of the license;

2. be in an amount based upon a department-approved cost estimates plan for decontamination, decommissioning, restoration, and reclamation of buildings, equipment, and the site to levels that would allow unrestricted use;

3. be established concurrent with the application or plan required by LAC 33:XV.1408.A.6.b to ensure that sufficient funds will be available to carry out the decontamination and decommissioning of the facility; and

4. be for the duration of the license and for a period coincident with the licensee's responsibility under the Act and these rules.

B. Pipe yards, storage yards, production equipment yards, or other facilities which receive, possess, and clean tubular goods which are contaminated with scale or residue shall meet the requirements of LAC 33:XV.1420.A.

C. On the effective date of these rules, current licenses in effect may continue, provided that the required security arrangements are submitted to the Office of Environmental Compliance within 120 days.

D. No later than 90 days after the licensee notifies the department that decontamination and decommissioning have been completed, the department shall determine if these have been conducted in accordance with these rules. If the department finds that the requirements have been met, the secretary or his designee shall direct the return or release of the licensee's security in full plus any accumulated interest within 14 days. If the department finds that the requirements have not been met, the department will notify the licensee of the steps necessary for compliance.

E. This Section shall be applicable until such time that a NORM Trust Fund or other instrument to accomplish these purposes may be established by the legislature.

La. Admin. Code tit. 33, § XV-1420

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:609 (June 1992), amended LR 21:30 (January 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2601 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2537 (October 2005), LR 33:2189 (October 2007), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 481809 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and 2104.B.