6 CCR 1007-1
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT RADIATION CONTROL - SPECIAL LAND OWNERSHIP REQUIREMENTS GENERAL PROVISIONS 6 CCR 1007-1 Part 11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ PART 11: SPECIAL LAND OWNERSHIP REQUIREMENTS GENERAL PROVISIONS
11.1 Purpose.
The purpose of these regulations is to protect the public health, safety, and environment by establishing requirements for private ownership of sites used for the concentration, storage or disposal of radioactive materials in lieu of government ownership of such sites.
11.2 Scope.
These regulations apply to any application under RH 1.5.1 for an exemption from the land ownership requirements of § 25-11-103 (7), C. R. S., as amended, and are in addition to any appropriate requirements of Parts 3, 14 or 18 of these regulations. CONTROL REQUIREMENTS
11.3 Demonstration of Control.
Before any application under RH 1.5.1 for an exemption from the land ownership requirements of §25-11- 103 (7) may be granted, the applicant must demonstrate a degree of control of the site equivalent to that which would be achieved by government ownership of the site. At a minimum, the applicant shall be required to provide the following:
11.3.1 Financial Assurance.
Pursuant to Part 3 of these regulations, the licensee shall provide a long term care warranty.
11.3.2 Trust Agreement.
The licensee shall enter into a trust agreement with the department giving the department exclusive control over the licensee's long term care funds to enable the department to conduct long term care and maintenance of the site in the event the owner of the site is unable or unwilling to do so.
11.3.3 Institutional Control Program.
The licensee shall establish and, after completion of decommissioning and decontamination activities, conduct a Department approved institutional control program. The institutional control program shall include, but not be limited to: conducting an environmental monitoring program at the disposal site, periodic site surveillance, custodial care, and administration of funds to cover the costs for these activities.
11.3.4 Restrictive Covenants.
The applicant shall record with the county clerk and recorder in the county where the site is located Department-approved restrictive covenants providing for the following:
11.3.5 Deed Annotations.
The licensee shall record with the county clerk and recorder an annotation to its deed to the property which shall include a description, by metes and bounds, of the locations where radioactive materials were disposed of, and a description of the types, form, and volumes of radioactive materials disposed of, and approximate time periods during which disposal of the wastes took place.
11.3.6 Easements.
The licensee shall grant to the Department and the United States Nuclear Regulatory Commission and their successor agencies an easement giving them and their designees the unlimited right to access the property for purposes of inspecting the property; determining compliance with restrictive covenants and applicable laws, regulations, permits, and licenses; taking samples and measurements; and for any other purpose reasonably within the power and authority of the Department and the United States Nuclear Regulatory Commission.
11.3.7 As-built Drawings.
One year after issuance of the license to the applicant, and annually thereafter, the licensee shall provide the Department with “as-built’ drawings of the disposal facility until license termination. 2 CODE OF COLORADO REGULATIONS 6 CCR 1007-1 Part 11
11.3.8 Transfer of Records.
Within six months after the completion of decommissioning and decontamination activities, the licensee shall at no cost transfer copies of all records of the location and quantity of wastes contained in the disposal site to: the governing body of the nearest municipality, the governing body of the county in which the facility is located, the local planning agency having jurisdiction over the area in which the facility is located, the Department, and any other state, local, and federal agency designated by the department. _________________________________________________________________________ EDITOR’S NOTES 6 CCR 1007-1 has been divided into separate parts for ease of use. Versions prior to 04/01/2007 are located in the first section, 6 CCR 1007-1. Prior versions can be accessed from the All Versions list on the rule’s current version page. To view versions effective on or after 04/01/2007, select the desired part of the rule, for example 6 CCR 1007-1 Part 01 or 6 CCR 1007-1 Part 10. History 3