1983-06-03_REVISION - M1977285 (2)

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43.50(c) (c) Except in cases of willful violation of the Act or these rules or • cases in which protection of the public health or safety or the environment require otherwise, no license shall be modified, suspended, or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been afforded an opportunity to demonstrate or achieve compliance with all lawful requirements. (d) The Agency may terminate a specific license upon written request submitted by the licensee to the Agency pursuant to 43.32. 43.60 Financial Security Requirements (a) Security for decontamination, decommissioning, reclamation, restora- tion, disposal, and any other requirements of the Agency shall be established prior to commencement of operations. (b) An acceptable security may consist of cash or negotiable securities deposited with the Agency, irrevocable assignment of savings or certificates of deposit, or the deposit of an instrument executed by the applicant/licensee and a corporate surety or financial institution with the Agency designated as the beneficiary. The value of the deposit shall be equal to or greater than the amount of the security required. Any security must be available in Texas subject to judicial process and execution in the event required for the purposes set forth • in this part, and continuous for the term of the license. (c) The amount of funds to be ensured by such security arrangements shall be based upon an Agency-approved cost estimates plan for: (1) decontamination, decommissioning, restoration, and reclamation of buildings and the site to Levels which would allow unrestricted use; and (2) the reclamation of the tailings and disposal areas in accordance with this part. (d) Security shall be in addition to any payment for long-term care and maintenance and control required by the Agency. In establishing specific security arrangements, the applicant/licensee's coat esti- mates shall take into account total costs that would be incurred if an independent contractor were hired to perform the work. The total security shall not exceed the cost for decontamination, decommis- sioning, restoration, and reclamation of affected buildings and site due to activities that have occurred to date and are reasonably expected to occur before the next annual review. (e) The licensee/applicant shall submit a closure plan and a cost estimate in conjunction with the environmental report that addresses the expected environmental impacts of the uranium recovery facility, decommissioning, and tailings reclamation, and which evaluates alter- . ~ natives for mitigating these impacts. 43 - 13 (April 1990)