A. If there is a possibility that any licensed activity will result in radioactive waste materials that will require maintenance, surveillance or other care on a continuing or perpetual basis after termination of the licensed activity or will require decommissioning activity, the department may require the licensee of that activity to pay annually to the department, for deposit in the radiation regulatory and perpetual care fund, an amount equal to the sum of:

1. 1. The net worth of the fund required to produce investment earnings sufficient to pay the cost of maintenance and surveillance of the lands, buildings, grounds and radioactive waste materials to be conveyed to the state pursuant to section 30-692, less the net worth of all payments previously made by the licensee to the department for such purposes, divided by the number of years the licensed activity is reasonably expected to continue.
2. 2. With respect to a waste disposal activity, the cost of any decommissioning activity, estimated as of December 31 of the year preceding each annual payment, less the total of all payments previously made to the department by the licensee for the decommissioning activity, divided by the number of years the licensed activity is reasonably expected to continue.

D. When a licensee has satisfied all or part of its obligations under section 30-693, subsection A, the department shall promptly refund to the licensee from the radiation regulatory and perpetual care fund any excess of the amount of paragraph 1 of this subsection over the amount of paragraph 2 of this subsection:

1. 1. The sum of subdivisions (a) and (b) of this paragraph:

   1. (a) All payments made by the licensee to the department pursuant to this article.
   2. (b) All investment earnings on such payments.
2. 2. The amount then determined to be required for the continuing maintenance and surveillance of the lands, buildings and grounds and radioactive waste materials conveyed to the state pursuant to section 30-692.