Section He-P 4024.06 - Decommissioning Timeliness(a) Each licensee or person in possession of a non-exempt source of radiation who decides to terminate all activities involving that source of radiation shall notify the DHHS/RHS immediately, in writing.(b) Each licensee or person responsible for a facility or site which includes a non-exempt source of radiation or which may be contaminated by residual radioactivity shall, no less than 30 days before vacating or relinquishing possession or control of the facility or site, notify the DHHS/RHS, in writing, of the intent to vacate.(c) The licensee shall notify the DHHS/RHS in writing within 60 days of the occurrence of any of the following: (1) The licensee has decided to permanently cease principal activities at the entire site or in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with these regulations;(2) No principal activities under the license have been conducted for a period of 24 months; or(3) No principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with these regulations.(d) From the date of notification of the DHHS/RHS required in (a) or (b) above, the licensee shall either: (1) Begin decommissioning activities; or(2) Within 12 months of notification, submit a decommissioning plan, if required by He-P 4024.07, and begin decommissioning upon DHHS/RHS approval of that plan.(e) Coincident with the notification of the DHHS/RHS required in (a) and (b) above, the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to He-P 4030.09 in conjunction with a license issuance or renewal or as required by this part.(f) The amount of the financial assurance required by paragraph (e) of He-P 4024.06 shall be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to He-P 4024.07(c) 5.(g) The DHHS/RHS shall approve an alternate schedule for the submission of plans and for the completion of decommissioning as required pursuant to (a) and (b) above only if the DHHS/RHS determines that the alternate schedule: (1) Is necessary to effectively conduct decommissioning;(2) Presents no undue risks to public health and safety; and(3) Is otherwise in the public interest.(h) Any such request as described in He-P 4024.06(g) shall be submitted no later than 30 days before notification pursuant to He-P 4030.11(b) .(i) The schedule for decommissioning shall not commence until the DHHS/RHS has made a determination on the request.N.H. Admin. Code § He-P 4024.06
#8393, eff 7-23-05; ss by #10492, eff 12-24-13