DHS 157.15(3)(a)(a) A person who possesses a specific license authorizing the possession and use of radioactive material issued on or after the effective date of August 1, 2002, which is of a type described in sub. (1), shall provide financial assurance for decommissioning under this section.

DHS 157.15(3)(b)(b) A person who possesses a specific license issued before the effective date of August 1, 2002, shall do one of the following:

DHS 157.15(3)(b)1.1. For a license authorizing the use of radioactive material meeting the criteria of sub. (1) (a), submit a decommissioning funding plan as described in sub. (5) and a certification of financial assurance for at least $1,125,000, under the criteria in sub. (4), with any application for license renewal.

DHS 157.15(3)(b)2.2. For a license authorizing the use of radioactive material meeting the criteria of sub. (1) (b), submit a decommissioning funding plan as described in sub. (5) or a certification of financial assurance for decommissioning according to the criteria of sub. (4) with any application for license renewal.

DHS 157.15(3)(c)(c) The term of the financial assurance shall be from the issuance or renewal of the license until the department terminates the license.

DHS 157.15(3)(d)(d) A licensee’s financial assurance arrangements may be reviewed by the department to recognize any increases or decreases resulting from inflation or deflation, changes in engineering plans, activities performed or any other condition affecting costs for decommissioning to ensure that sufficient funding is available to cover liability that remains until license termination.

DHS 157.15(4)(a)(a) A licensee shall provide the following minimum amounts of financial assurance for decommissioning, unless otherwise specified by the department:

DHS 157.15(4)(a)1.1. One million one hundred twenty-five thousand dollars if the quantity of material is greater than 104 but less than or equal to 105 times the applicable quantities of ch. DHS 157 Appendix I in unsealed form. For a combination of isotopes, R divided by 104 is greater than one but R divided by 105 is less than or equal to one.

DHS 157.15(4)(a)2.2. Two hundred twenty-five thousand dollars if the quantity of material is greater than 103 but less than or equal to 104 times the applicable quantities of ch. DHS 157 Appendix I in unsealed form. For a combination of isotopes, R divided by 103 is greater than one but R divided by 104 is less than or equal to one.

DHS 157.15(4)(a)3.3. One hundred thirteen thousand dollars if the quantity of material is greater than 1010 but less than or equal to 1012 times the applicable quantities of ch. DHS 157 Appendix I in sealed sources or plated foils. For a combination of isotopes, R divided by 1010 is greater than one but R divided by 1012 is less than or equal to one.

DHS 157.15(4)(b)(b) The department may eliminate, reduce or raise the required amount of financial assurance under par. (a) for an individual applicant or licensee based on the cost estimate for decommissioning included in the decommissioning funding plan required under sub. (5) (a).

DHS 157.15(5)(a)(a) A decommissioning funding plan shall be submitted to the department for review and approval and shall include all the following information:

DHS 157.15(5)(a)1.a.a. Probable extent of contamination through the use or possession of radioactive material at the facility or site and the projected cost of removal of the contamination to a level specified by the department. The evaluation shall encompass probable contaminating events associated with the licensee’s or applicant’s operation and shall be based on factors such as quantity, half-life, radiation hazard, toxicity and chemical and physical forms.

DHS 157.15(5)(a)1.b.b. The extent of possible offsite property damage caused by operation of the facility or site.

DHS 157.15(5)(a)1.c.c. The cost of removal and disposal of radiation sources that are or would be generated, stored, processed or otherwise present at the licensed facility or site.

DHS 157.15(5)(a)1.d.d. The costs involved in reclaiming the property on which the facility or site is located and all other properties contaminated by radioactive material authorized under the license.

DHS 157.15(5)(a)1.e.e. The volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination.

DHS 157.15(5)(a)1.f.f. The cost of an independent contractor to perform all decommissioning activities including an adequate contingency factor.

DHS 157.15(5)(a)2.2. Identification of and justification for using the key assumptions contained in the decommissioning cost estimate.

DHS 157.15(5)(a)3.3. A description of the method for assuring funds for decommissioning according to sub. (6), including means for adjusting cost estimates and associated funding levels periodically over the life of the facility.

DHS 157.15(5)(b)(b) The decommissioning funding plan shall also contain the licensee’s certification that financial assurance has been provided in the amount of the cost estimate for decommissioning and that a signed original of the financial instrument obtained to satisfy the requirements of sub. (6) has been submitted and accepted, unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning.

DHS 157.15(5)(c)(c) At intervals not to exceed 3 years, the licensee shall resubmit the decommissioning funding plan to the department with adjustments as necessary to account for changes in costs and extent of contamination. The amount of financial assurance shall not be decreased until the updated decommissioning funding plan is approved. The licensee shall update the information submitted with the original or previously approved decommissioning funding plan, and shall specifically consider the effect of all the following events on decommissioning costs:

DHS 157.15(5)(c)1.1. Spills of radioactive material producing additional residual radioactivity in onsite subsurface material.