REP10505 - Laserfiche WebLink

Home Browse Search

(8) If the Department demands payment as provided in paragraph 7, the Department shall first give notice to the Principal of its intention to make such a demand and shall specify with particularity the facts and circumstances which are asserted to require the demand. The notice shall include a determination by the Department that the Principal has violated the decommissioning, decontamination, or reclamation requirements of the License or applicable regulations. For purposes of this bond, the notice of violation and demand for payment issued by the Department shall constitute a modification of the License. The notice of violation shall specify the License condition or regulations violated, and shall provide that th•~ Principal has thirty (30) days from receipt of the notice in which t~ demonstrate how compliance will be achieved, or to seek review of th~a determination of violation pursuant to applicable statutes or regulations. If, upon expiration of the 30-day notice period, the Principal has n~~t demonstrated how compliance will be achieved with the requirements cCted in the notice, or has not invoked its right to seek review of the detennination of violation, the determination shall be considered final, and the Dr>.partment shall have the right to demand and receive payment from the Surety udder this bond. In the event the Principal elects to seek review of the determination of violation, the right to demand and receive payment under this bond shall be contingent upon the outcome of review proceedings conducted under applicable statutes and regulations; provided, however, that the Department may demand and receive payment under thts bona prior to or during review proceedings if the Department determines that there is any emergency condition or event attributable to the facilities and activities subject to this bond which create a source of radiation which causes a hazard to the public health or safety requiring action prior to the outcome of review -41-