SECTION 252:410-20-6. Vacating premises

(a)   "Property" defined. For purposes of this section, "property" means a site, facility, outdoor areas, buildings, structures and/or equipment within the possession or control of a person who is

subject to this Chapter which may contain residual radioactivity as a result of the person's activities.

(b)   Notice, certification and remediation. No person subject to this Chapter may relinquish possession or control or vacate any property until he gives DEQ 30 days written notice of his intent to vacate or relinquish possession or control, identifies the types and quantities of radioactive materials used, stored or disposed on the property, and either:

(1)   certifies and provides documentation to DEQ that the property is in compliance with the acceptable limits of 252:410-20-1(c)(5) and Appendix B of this Chapter; or

(2)   submits a remediation plan to DEQ for approval that contains survey documentation and remediation proposals for bringing impacted areas of the property into compliance with the standards described in subsection (c) of this section, performs the plan as approved and certifies its completion to DEQ.

(c)   Compliance standards. DEQ shall only approve the vacating or relinquishing possession or control of property when documentation shows that:

(1)   all radioactive contamination in impacted areas has been remediated to levels as low as reasonably achievable; and/or

(2)   the property is in compliance with 252:410-20-1(c)(5) and Appendix B of this Chapter; or

(d)   Unrestricted use standard. No property may be released for unrestricted use unless compliance with subsection (c)(2) of this section has been documented and certified by the property owner and approved by DEQ.

(e)   Exception for decommissioning. Any person subject to decommissioning regulations incorporated by reference from 10 CFR into this Chapter shall comply with the provisions incorporated by reference rather than this section.

[Source: Added at 17 Ok Reg 1136, eff 6-1-00]