N.Y. Comp. Codes R. & Regs. tit. 12 § 38.23

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.23 - Vacating installations and property

(a) Installations. Each licensee, at least 30 days prior to terminating any license, vacating any installation, or transferring the premises containing such installation, shall permanently decontaminate such installation and premises below or equal to the limits specified in Table 5 of section 38.41 of this Part (rule). A survey shall be made after such decontamination and submitted to the commissioner. No such installation or premises shall be vacated, sold or transferred until the decontamination survey has been accepted by the commissioner as demonstrating that the residual radioactive contamination of the installation and premises is as low as is reasonably achievable.

(b) Property. No machinery, instrument, laboratory equipment or any other property used in contact with or in close proximity to radioactive material in a licensed installation shall be assigned, sold, leased or transferred to an unlicensed person unless such property has been permanently decontaminated below or equal to the limits specified in Table 5 of section 38.41 of this Part (rule). A survey shall be made after such decontamination and submitted to the commissioner. No such property shall be assigned, sold, leased or transferred until such survey has been accepted by the commissioner as demonstrating that the residual radioactive contamination of the property is as low as is reasonably achievable.

(c) Plans for completion of decommissioning.

(1) In addition to the requirements of subdivisions (a) and (b) of this section, the licensee shall submit a plan for completion of decommissioning if the procedures necessary to carry out decommissioning have not been previously approved by the commissioner and could increase potential health and safety impacts to workers or to the public such as in any of the following cases:

(i) procedures would involve techniques not applied routinely by the licensee during past cleanup or maintenance operations;

(ii) workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation;

(iii) procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or

(iv) procedures could result in significantly greater releases of radioactive material to the environment than those associated with operation.

(2) Procedures with potential health and safety impacts may not be carried out prior to approval of the decommissioning plan.

(3) The proposed decommissioning plan, if required by paragraph (1) of this subdivision or by license condition, must include:

(i) a description of planned decommissioning activities;

(ii) a description of methods used to assure protection of workers and the environment against radiation hazards during decommissioning;

(iii) a description of the planned final radiation survey; and

(iv) an updated detailed cost estimate for decommissioning, a comparison of that estimate with present funds set aside for decommissioning, and a plan for assuring the availability of adequate funds for completion of decommissioning.

(4) The proposed decommissioning plan will be approved by the commissioner if the information therein demonstrates that the decommissioning will be completed as soon as is reasonable and that the health and safety of workers and the public will be adequately protected.

(5) Upon approval of the decommissioning plan by the commissioner, the licensee shall complete decommissioning in accordance with the approved plan. As a final step in decommissioning, the licensee shall again submit the information required in subdivision (a) of this section and shall certify the disposition of accumulated wastes from decommissioning.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.23