§ 104E-10.1. Additional requirements for low-level radioactive waste facilities.
§ 104E‑10.1. Additionalrequirements for low‑level radioactive waste facilities.
(a)Â Â Â Â Â Â Â An applicant for alicense for a low‑level radioactive facility shall satisfy the Departmentthat:
(1)Â Â Â Â Â Â Â Any low‑levelradioactive waste facility heretofore constructed or operated by the applicant(or any parent or subsidiary corporation if the applicant is a corporation) hasbeen operated in accordance with sound waste management practices and insubstantial compliance with federal and state laws and regulations; and
(2)Â Â Â Â Â Â Â The applicant (orany parent or subsidiary corporation if the applicant is a corporation) isfinancially qualified to operate the subject low‑level radioactive wastefacility.
(a1)Â Â Â Â Â The approval of alicense shall be contingent upon the applicant first satisfying the Departmentthat the applicant has met the above two requirements. In order to continue tohold a license under this Chapter, a licensee must remain financiallyqualified, and must provide any information requested by the Department to showthat the licensee continues to be financially qualified.
(b)Â Â Â Â Â Â Â Each licenseapplicant or license holder or any parent or subsidiary corporation if thelicense applicant or license holder is a corporation, as a condition ofreceiving or holding a license, shall have an independent annual audit by afirm of duly licensed certified public accountants carrying a minimum of fivemillion dollars ($5,000,000) professional liability insurance coverage, proofof which coverage shall be provided with the issuance of the audit report. Eachlicense applicant or license holder referred to above shall also provide theDepartment with a copy of the report and shall submit a copy of the report tothe State Auditor for approval regarding its adequacy and completeness. As aminimum, the required report shall include the financial statements prepared inaccordance with generally accepted accounting principles, all disclosures inthe public interest required by law, and the auditor's opinion and commentsrelating to the financial statements. The audit shall be performed inconformity with generally accepted auditing standards.
(c)Â Â Â Â Â Â Â Within 10 days ofreceiving an application for a license or an amendment to a license to operatea low‑level radioactive waste facility, the Department shall notify theclerk of the board of commissioners of the county or counties in which thefacility is proposed to be located or is located, and, if the facility is to belocated or is located within a city, the clerk of the governing board of thecity, that the application has been filed, and shall file a copy of theapplication with the clerk. Prior to issuing a license or an amendment to anexisting license the Secretary or the Secretary's designee shall conduct apublic hearing in the county, or in one of the counties, in which a personproposes to operate a low‑level radioactive waste facility or to enlargean existing facility. The Secretary shall give notice of the hearing at least30 days prior to the date thereof by:
(1)Â Â Â Â Â Â Â Publication in anewspaper or newspapers having general circulation in the county or countieswhere the facility is to be located for three consecutive weeks beginning 30days prior to the scheduled date of the hearing; and
(2)Â Â Â Â Â Â Â First class mail topersons who have requested such notice. The Department shall maintain a mailinglist of persons who request notice pursuant to this subsection. (1981, c. 704, s. 11; 1985,c. 529; 1987, c. 24, ss. 1‑3; c. 850, ss. 7, 8; 1989, c. 727, s. 219(20);1997‑443, s. 11A.119(a); 2007‑495, s. 10.)