Section 326.80  Cost Estimates and Reclamation Plans

a)         Licensees required to perform cost estimates, as described in Sections 326.60 and 326.70(b), shall submit reclamation plans and cost estimates to the Agency for approval prior to securing financial assurance arrangements.  The Agency shall allow material described in Section 326.50(b) as exempt to be excluded from all financial assurance estimates.  For licensees described in Section 326.70(b), the material described in Section 326.50(c) shall also be excluded from financial assurance estimates.  The plan shall describe reclamation actions to be taken in order to terminate the license in accordance with the requirements of 32 Ill. Adm. Code 330.  

b)         The reclamation plan and cost estimate shall include the following:

1)         The probable extent of contamination resulting from the use or possession of radioactive material as authorized by a radioactive material license at the facility or site, and the probable cost of removal of the contamination in order to terminate the license in accordance with the requirements of 32 Ill. Adm. Code 330.  This consideration shall encompass probable contaminating events associated with the licensee's methods or modes of operation and shall be based on factors such as quantities, half-lives, radiation hazards and toxicities, and chemical and physical forms;

2)         The extent of possible offsite property damage caused by operation of the facility or site that is to be reclaimed;

3)         The costs and methods of the following:

A)        Removal and disposal of radioactive material and sources of radiation that are or would be generated, stored, processed or otherwise present at the facility or site, including the volume of onsite subsurface material containing residual radioactivity in order to meet 32 Ill. Adm. Code 330.325 requirements for unrestricted use; and

B)        Reclamation of the site or the property where the facility is located and all other properties contaminated by radioactive material authorized by the license in order to meet 32 Ill. Adm. Code 330.325 requirements for unrestricted use;

4)         The cost of an independent contractor to perform all decommissioning and decontamination activities;

5)         A contingency factor of 25 percent of the total cost estimate;

6)         Identification of and justification for using key assumptions contained in the reclamation plan;

7)         A description of the method of assuring funds for decommissioning from the financial assurance arrangements authorized by Sections 326.100 through 326.160, including means for adjusting cost estimates and associated funding levels periodically over the life of the facility; and

8)         A certification by the licensee that the financial assurance for decommissioning has been provided in the amount of the cost for decommissioning.

c)         The Agency shall consider, but is not limited to, the requirements of subsection (b) in approving the reclamation plan and cost estimates and determining the financial assurance requirements for each individual licensee.

d)         At the time of license renewal and at intervals not to exceed 3 years, the reclamation funding plan shall be resubmitted to the Agency for approval, with adjustments as necessary to account for changes in costs and the extent of contamination.  If the amount of financial assurance will be adjusted downward, this cannot be done until the updated reclamation funding plan is approved.  The reclamation funding plan shall update the information submitted with the original or prior approved plan and shall specifically consider the effect of the following events on decommissioning costs: 

1)         Spills of radioactive material producing additional residual radioactivity in onsite subsurface material;

2)         Waste inventory increasing above the amount previously estimated;

3)         Waste disposal costs increasing above the amount previously estimated;

4)         Facility modifications;

5)         Changes in authorized possession limits;

6)         Actual remediation costs that exceed the previous cost estimate;

7)         Onsite disposal; and

8)         Use of a settling pond.

(Source:  Amended at 39 Ill. Reg. 15697, effective November 24, 2015)