3701:1-40-29. Funds for reclamation of radioactive material

(A) The total amount of funds the department collects, pursuant to a license for radioactive material or for any activity that results in the production of such material, for reclamation or long term maintenance and monitoring of such material, shall after November 8, 1981, be transferred to the United States if title and custody of such material and its disposal site is transferred to the United States upon termination of such license. Such funds include, but are not limited to, sums collected for long term surveillance which includes continued site observation, monitoring and, where necessary, maintenance. Such funds do not, however, include monies held as surety where no default has occurred and the reclamation or other bonded activity has been performed.

(B) The payments the department receives for reclamation or long term surveillance must, after November 8, 1981, be sufficient to ensure compliance with those standards established by the United States nuclear regulatory commission pertaining to bonds, sureties, and financial arrangements to ensure adequate reclamation and long term management of such radioactive material and its disposal site.

Five Year Review (FYR) Dates: 04/08/2015 and 04/01/2020
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 7/22/2001, 8/15/05, 1/29/07, 9/1/11

Prior History: (Effective: 09/01/2011
R.C. 119.032 review dates: 05/23/2011 and 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04, 3748.11
Prior Effective Dates: 7/22/2001 )