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~i <br /> <br />(!3) if the Department da_ands payment as provided in paragraph <br />7, [he Department shall first give notice to the Principal of its in.ten[ion to <br />make such a demand and shall specify with particularity the facts and <br />circunstances which are asserted to require [he demand. Thr. notice shall <br />include a determination b;: the Department thaC the ?rincipal has violated the <br />decommissioning, decontamination, or reclamation requirements of the License <br />or applicable regulations. For purposes of this bond, the notice of violation <br />and demand for l:~a;•mant issued by the Department shall constitute a <br />modification of the L'_cense. The notice of violation shall specify the <br />License condition or regulations violated, and shall provide that the <br />Principal has ttir[y (30) days from receipt of the notice in ~+hich to <br />demonstrate how compliance will be achieved, or to seek review of the <br />detarmiaacion of violation pursuant to applicable statutes or regulations. <br />If, upon expiration of the 30-day notice period, the Principal has not <br />demonstrated how compliance will be achieved with the requirements cited in <br />the notice, or has not invoked its right to seek review of the determination <br />of violation, the determination shall be considered final, and the Department <br />shall Save the right co demand and receive payment from Cie Surety under [his <br />bond. In the event the Principal elects to seek review of the determination <br />of violation, the right to demand and receive payment under this bond shall Se <br />contingent upon the outcome of review proceedings conducted under applicable <br />statutes and regulations; provided, however, that the Department may demand <br />and receive payment under this bond prior to or during review proceedings if <br />the Uepartment determines chat [hare is nay ecergency condition or event <br />attributable to the facilities and activities subject to this bond which <br />creates a source of n diction which causes a hazard to the public health or <br />safety requiring action prier to the outcome of review <br />-41- <br />