(a) In addition to the decommissioning warranty required by this Chapter, the Department may require licensees to provide a long-term care warranty of the licensed facility if the facility will remain a disposal site for 11e.(2) byproduct material subsequent to the termination of the license, or the license will be terminated using the criteria in 10 C.F.R., Part 40, Appendix A. - (i) The amount of funds to be provided by such long-term care warranties shall be based on approved cost estimates as determined by the Department, U.S. Department of Energy (DOE), and NRC, and shall be sufficient to cover the annual costs of site surveillance, including reasonable administrative costs incurred, subsequent to the termination of the license.
- (ii) For each licensee going to long-term care, the long-term care warranty must have a minimum value equivalent to two hundred and fifty thousand dollars ($250,000.00) in 1978 dollars.
- (A) The value of the long-term care warranty shall be adjusted annually to recognize inflation.
- (I) The inflation rate to be used for this adjustment is that indicated by the change in the Consumer Price Index for All Urban Consumers published by the U.S. Department of Labor, Bureau of Labor Statistics.
- (II) The Licensee may use other reasonable resources to analyze the inflation rate provided the amount of long-term care warranty is acceptable to the Department.
- (iii) Cost estimates for facilities and sites requiring long-term care subsequent to license termination are to be based on the final disposition of wastes such that ongoing active maintenance is not necessary to preserve isolation.
- (A) It is expected that, at a minimum, annual site inspections shall be conducted to confirm the integrity of the stabilized waste systems and to determine the need, if any, for maintenance and/or monitoring.
- (B) Cost estimates shall be adjusted if more frequent site inspections are required based on an evaluation of a particular site.
- (iv) For sites decommissioned in accordance with 10 C.F.R. Part 40, Appendix A, cost estimates for long-term care subsequent to license termination must be sufficient to enable the Department or the DOE to:
- (A) Perform periodic site inspections at least every five (5) years;
- (B) Assure the continuation of institutional controls; and
- (C) Assume responsibilities and carry out any necessary control and maintenance of the site. Cost estimates shall be adjusted to account for more frequent site inspections as required by the Department.
- (v) Upon the determination by the Department that disposal, decommissioning, and decontamination requirements have been satisfied, and after the NRC has approved the Department's determination, the Department shall transfer the custody of the site and any funds for long-term care to the appropriate regulatory agency assuming long-term care and custody. Such funds include, but are not limited to, sums collected for long-term care and maintenance (i.e. continued site observation, monitoring, and necessary maintenance). Such funds do not include monies held as surety where no default has occurred and the required reclamation or other bonded activity has been performed.
- (A) If the value of the long-term care warranty funds exceeds the amount required by the regulatory agency overseeing the long-term care of the site, then all such excess amounts shall be returned to the licensee.