A.R.S. tit. 30 ch. 4 — Arizona Revised Statutes Title 30 Chapter 4 — Control Of Ionizing Radiation

30-651. Definitions In this chapter, unless the context otherwise requires: 1. "Atomic energy" means all forms of energy released in the course of nuclear transformations, nuclear fission and nuclear fusion. 2. "By-product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or using special nuclear material and the tailings or wastes produced by the extraction or concentration of uranium ore thorium from any ore processed primarily for its source material content. 3. "Department" means the department of health services. 4. "Diagnostic mammography" means an x-ray imaging of the breast performed on persons who have symptoms or physical signs indicative of breast disease. 5. "Digital breast tomosynthesis" means multiple low-dose images of the breast as an x-ray tube moves around an arc. The images are then reconstructed to produce a volume rendering of the breast. 6. "Director" means the director of the department. 7. "Electronic product" means: (a) Any machine or device designed to produce a beam of ionizing radiation as the result of the operation of an electronic circuit or component. (b) Class IIIB and IV lasers, as classified by the United States food and drug administration. (c) Radio frequency heaters, dryers and sealers. (d) Any device employing a source of radio frequency electromagnetic radiation within a protective enclosure and used for heating or curing materials in industrial or manufacturing applications and in restaurants or food vending establishments. This subdivision does not include microwave ovens manufactured as consumer products and used for home food preparation. (e) Microwave and shortwave diathermy. (f) Mercury vapor, metal halide and high-pressure sodium lamps used for commercial lighting and industrial manufacturing processes or sunlamps used in commercial establishments for the intentional irradiation of humans. (g) Therapeutic ultrasound devices. (h) Industrial ultrasonic welders and sealers. 8. "Electronic product radiation" means: (a) Any ionizing or nonionizing electromagnetic or particulate radiation that is emitted from an electronic product. (b) Any sonic, infrasonic or ultrasonic wave that is emitted from an electronic product as the result of the operation of an electronic circuit in the product. 9. "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays. 10. "Operation" means adjustments or procedures by the user required for the equipment to perform its intended functions. 11. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency or political subdivision of this state, or any other state or political subdivision or agency of such state, and any legal successor, representative, agent, or agency of the foregoing, other than the United States nuclear regulatory commission or any successor, and other than federal government agencies and any other entities licensed by the United States nuclear regulatory commission or any successor. 12. "Radiation" means: (a) Ionizing radiation, including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays. (b) Any electromagnetic radiation that may be produced by the operation of an electronic product. (c) Any sonic, ultrasonic or infrasonic wave that may be produced by the operation of an electronic product. 13. "Radiation machine" means any manufactured devices or products producing any of the following: (a) X-rays for medical, industrial, research and development or educational purposes. (b) Electromagnetic radiation from an electronic product. (c) Laser devices classified as class IIIB or IV by the United States food and drug administration. (d) Diathermy machines. 14. "Radioactive material" means any material or materials, solid, liquid or gaseous, that emit radiation spontaneously. 15. "Screening mammography": (a) Means x-ray imaging of the breast of asymptomatic persons. (b) Includes digital breast tomosynthesis. 16. "Service" means major adjustments or repairs, usually requiring specialized training or tools, or both. 17. "Source material" means: (a) Uranium, thorium or any other material that the governor declares by order to be source material after the United States nuclear regulatory commission or any successor has determined the material to be source material. (b) Ores containing one or more of the materials, as provided in subdivision (a) of this paragraph, in such a concentration as the governor declares by order to be source material after the United States nuclear regulatory commission or any successor has determined the material in such a concentration to be source material. 18. "Sources of radiation" means radioactive materials, radiation machines and electronic products. 19. "Special nuclear material": (a) Means: (i) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material that the governor declares by order to be special nuclear material after the United States nuclear regulatory commission or any successor has determined the material to be special nuclear material. (ii) Any material artificially enriched by any of the material provided in item (i) of this subdivision. (b) Does not include source material. 30-652. Duties of the director The director shall: 1. Administer and enforce this chapter and the rules adopted under this chapter. 2. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ, determine the conditions of employment and specify the duties of inspectors, technical assistants and other employees necessary to carry out this chapter. 3. Subject to title 41, chapter 4, article 4, employ persons to act as investigators as deemed necessary by the department to assist the department in carrying out the powers and duties prescribed in this chapter. 4. Subject to title 41, chapter 4, article 4, employ consultants or persons possessing technical expertise as deemed necessary to assist the department in carrying out the department's powers and duties prescribed in this chapter. 30-654. Powers and duties of the department A. The department may: 1. Accept grants or other contributions from the federal government or other sources, public or private, to be used by the department to carry out any of the purposes of this chapter. 2. Do all things necessary, within the limitations of this chapter, to carry out the powers and duties of the department. 3. Conduct an information program, including: (a) Providing information on the control and regulation of sources of radiation and related health and safety matters, on request, to members of the legislature, the executive offices, state departments and agencies and county and municipal governments. (b) Providing such published information, audiovisual presentations, exhibits and speakers on the control and regulation of sources of radiation and related health and safety matters to the state's educational system at all educational levels as may be arranged. (c) Furnishing to citizen groups, on request, speakers and such audiovisual presentations or published materials on the control and regulation of sources of radiation and related health and safety matters as may be available. (d) Conducting, sponsoring or cosponsoring and actively participating in the professional meetings, symposia, workshops, forums and other group informational activities concerned with the control and regulation of sources of radiation and related health and safety matters when representation from this state at such meetings is determined to be important by the department. B. The department shall: 1. Regulate the use, storage and disposal of sources of radiation. 2. Establish procedures for purposes of selecting any proposed permanent disposal site located within this state for low-level radioactive waste. 3. Coordinate with the department of transportation and the corporation commission in regulating the transportation of sources of radiation. 4. Assume primary responsibility for and provide necessary technical assistance to handle any incidents, accidents and emergencies involving radiation or sources of radiation occurring within this state. 5. Adopt rules deemed necessary to administer this chapter in accordance with title 41, chapter 6. 6. Adopt uniform radiation protection and radiation dose standards to be as nearly as possible in conformity with, and in no case inconsistent with, the standards contained in the regulations of the United States nuclear regulatory commission and the standards of the United States public health service. In the adoption of the standards, the department shall consider the total occupational radiation exposure of individuals, including that from sources that are not regulated by the department. 7. Adopt rules for personnel monitoring under the close supervision of technically competent people in order to determine compliance with safety rules adopted under this chapter. 8. Adopt a uniform system of labels, signs and symbols and the posting of the labels, signs and symbols to be affixed to radioactive products, especially those transferred from person to person. 9. By rule, require adequate training and experience of persons using sources of radiation with respect to the hazards of excessive exposure to radiation in order to protect health and safety. 10. Adopt standards for the storage of radioactive material and for security against unauthorized removal. 11. Adopt standards for the disposal of radioactive materials into the air, water and sewers and burial in the soil in accordance with 10 Code of Federal Regulations part 20. 12. Adopt rules that are applicable to the shipment of radioactive materials in conformity with and compatible with those established by the United States nuclear regulatory commission, the department of transportation, the United States department of the treasury and the United States postal service. 13. In individual cases, impose additional requirements to protect health and safety or grant necessary exemptions that will not jeopardize health or safety, or both. 14. Make recommendations to the governor and furnish such technical advice as required on matters relating to the utilization and regulation of sources of radiation. 15. Conduct or cause to be conducted off-site radiological environmental monitoring of the air, water and soil surrounding any fixed nuclear facility, any uranium milling and tailing site and any uranium leaching operation, and maintain and report the data or results obtained by the monitoring as deemed appropriate by the department. 16. Develop and utilize information resources concerning radiation and radioactive sources. 17. Prescribe by rule a schedule of fees to be charged to categories of licensees and registrants of radiation sources, including academic, medical, industrial, waste, distribution and imaging categories. The fees shall cover a significant portion of the reasonable costs associated with processing the application for license or registration, renewal or amendment of the license or registration and the costs of inspecting the licensee or registrant activities and facilities, including the cost to the department of employing clerical help, consultants and persons possessing technical expertise and using analytical instrumentation and information processing systems. 18. Adopt rules establishing radiological standards, personnel standards and quality assurance programs to ensure the accuracy and safety of screening and diagnostic mammography. C. The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the monies received from fees collected pursuant to subsection B, paragraph 17 of this section and section 32-2805 in the health services licensing fund established by section 36-414 and ten percent of the monies received from fees collected pursuant to subsection B, paragraph 17 of this section and section 32-2805 in the state general fund. 30-656. Authority for governor to enter into agreements with federal government; effect on federal licenses A. The governor, on behalf of this state, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of radiation and the assumption of the responsibilities by this state. B. Any person that, on the effective date of an agreement entered into under subsection A of this section, possesses a license issued by the federal government shall be deemed to possess a like license issued under this chapter, which shall expire either ninety days after receipt from the department of a notice of expiration of the license or on the date of expiration specified in the federal license, whichever is earlier. 30-657. Records A. Each person that possesses or uses a source of radiation shall maintain records relating to its receipt, storage, transfer or disposal and such other records as the department requires by rule. B. The department shall require each person that possesses or uses a source of radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules adopted by the department. Copies of records required by this section shall be submitted to the department on request by the department. C. Any person that possesses or uses a source of radiation shall furnish to each employee for whom personnel monitoring is required a copy of the employee's personal exposure record at such times as prescribed by rules adopted by the department. D. Any person that possesses or uses a source of radiation, when requested, shall submit to the department copies of records or reports submitted to the United States nuclear regulatory commission regardless of whether the person is subject to regulation by the department. The department, by rule, shall specify the records or reports required to be submitted to the department under this subsection. 30-671. Radiation protection standards A. Radiation protection standards in rules adopted by the department under this chapter do not limit the kind or amount of radiation that may be intentionally applied to a person or animal for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts. B. Radiation sources shall be registered, licensed or exempted at the discretion of the department. 30-672. Licensing and registration of sources of radiation; exemptions; rules A. The department by rule shall provide for general or specific licensing of by-product materials, source materials, special nuclear materials or devices or equipment using those materials. The department shall require from the applicant satisfactory evidence that the applicant is using methods and techniques that are demonstrated to be safe and that the applicant is familiar with the rules adopted by the department under section 30-654, subsection B, paragraph 5 relative to uniform radiation standards, total occupational radiation exposure norms, labels, signs and symbols, storage, waste disposal and shipment of radioactive materials. The department may require that, before it issues a license, the employees or other personnel of an applicant who may deal with sources of radiation receive a course of instruction approved by the department concerning department rules. The department shall require that the applicant's proposed equipment and facilities be adequate to protect health and safety and that the applicant's proposed administrative controls over the use of the sources of radiation requested be adequate to protect health and safety. B. The department may require registration or licensing of other sources of radiation if deemed necessary to protect public health or safety. C. The department may exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this section if it finds that exempting such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public. D. The director may suspend or revoke, in whole or in part, any license issued under subsection A of this section if the licensee or an officer, agent or employee of the licensee: 1. Violates this chapter or rules of the department adopted pursuant to this chapter. 2. Has been, is or may continue to be in substantial violation of the requirements for licensure of the source of radiation and as a result the health or safety of the general public is in immediate danger. E. If the licensee, or an officer, agent or employee of the licensee, refuses to allow the department or its employees or agents to inspect the licensee's premises, such an action shall be deemed reasonable cause to believe that a substantial violation under subsection D, paragraph 2 of this section exists. F. A license may not be suspended or revoked under this chapter without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10. G. The department shall not require persons who are licensed in this state to practice as a dentist, physician assistant, registered nurse practitioner, chiropodist or veterinarian or licensed in this state to practice medicine, surgery, osteopathic medicine, chiropractic or naturopathic medicine to obtain any other license to use a diagnostic x-ray machine, but these persons are governed by their own licensing acts. H. Persons who are licensed by the federal communications commission with respect to the activities for which they are licensed by that commission are exempt from this chapter. I. Rules adopted pursuant to this chapter may provide for recognition of other state or federal licenses as the department deems desirable, subject to such registration requirements as the department prescribes. J. Any licenses issued by the department shall state the nature, use and extent of use of the source of radiation. If at any time after a license is issued the licensee desires any change in the nature, use or extent, the licensee shall seek an amendment or a new license under this section. K. The department shall prescribe by rule requirements for financial security as a condition for licensure under this article. The department shall deposit all amounts posted, paid or forfeited as financial security in the radiation regulatory and perpetual care fund established by section 30-694. L. Persons applying for licensure shall provide notice to the city or town where the applicant proposes to operate as part of the application process. M. Any facility that provides diagnostic mammography or screening mammography examinations by or under the direction of a person who is exempt from further licensure under subsection G of this section shall obtain certification by the department. The department shall prescribe by rule the requirements of certification in order to ensure the accuracy and safety of diagnostic mammography and screening mammography. 30-672.01. Registration of persons who install or service radiation machines; exception; roster of registrants A. A person who is in the business of installing or servicing radiation machines that are required to be registered by the department shall register with the department on a form provided by the department. B. Notwithstanding subsection A of this section, a person who is subject to the jurisdiction of the department and who operates a radiation machine is not required to register with the department. C. The registration form required pursuant to subsection A of this section shall be limited to the following information: 1. The full business name of the registrant. 2. The names of the owners if the registrant is a corporation or partnership. 3. The names of employees who carry out installation or service work for the registrant. 4. The business address of the registrant. D. The department shall maintain a roster of all registrants, including the date of initial registration. The roster shall be available for public inspection. E. A registrant must reregister with the department if there is a change in the information provided under subsection C of this section. 30-673. Unlawful acts It is unlawful for any person to receive, use, possess, transfer, install or service any source of radiation unless the person is registered, licensed or exempted by the department in accordance with this chapter and rules adopted under this chapter. 30-681. Inspections A. The department or its duly authorized representatives may enter at all reasonable times on any private or public property for the purpose of determining whether there is compliance with or a violation of this chapter and rules adopted under this chapter, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative. B. If the director determines that there is reasonable cause to believe that a radiation source is not in compliance with the licensing requirements of this chapter, the director or the director's designee or agent may enter on and into the premises of any radiation source that is licensed or required to be licensed pursuant to this chapter at any reasonable time to determine compliance with this chapter and rules adopted pursuant to this chapter. An application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If the inspection shows that the radiation source is not adhering to the licensing requirements of this chapter, the director may take action authorized by this chapter. A radiation source whose license has been suspended or revoked in accordance with this subsection is subject to inspection when applying for relicensure or reinstatement of the license. 30-682. Rural counties; critical access hospitals; use of particle accelerator for the treatment of human disease; general supervision; definitions A. In a county with a population of less than four hundred thousand persons or for a registrant that meets the requirements for designation as a critical access hospital as prescribed in 42 Code of Federal Regulations part 485, subpart F, the department shall allow the use of a particle accelerator to treat human diseases under general supervision if the registrant ensures all of the following: 1. The registrant or an authorized user: (a) Has established a written protocol for the application of radiation to a patient for each procedure that may be conducted by a radiation therapy technologist under the general supervision of an authorized user, including follow-up instructions for the patient. (b) Reviews and, as necessary, revises the written protocol at least annually. (c) Documents the review required by subdivision (b) of this paragraph with a signature and date of signature. 2. Any procedure conducted pursuant to this subsection is not a special procedure. 3. A radiation therapy technologist follows the applicable written protocol when delivering radiation to a patient. 4. At least every six months an authorized user: (a) Observes each radiation therapy technologist while the radiation therapy technologist is performing a procedure to ensure the radiation therapy technologist's adherence to the applicable written protocol. (b) Documents the authorized user's observation and assessment of the radiation therapy technologist. 5. An authorized user is on-site and available for consultation about patient care at least once every five working days, as verified in documentation maintained by the registrant. 6. The health and safety of a patient are maintained. B. A registrant that uses general supervision to comply with the requirements of this section shall develop, maintain and implement policies and procedures to monitor both: 1. The performance of each procedure by a radiation therapy technologist under general supervision. 2. The quality of patient care. C. For the purposes of this section: 1. "Authorized user" means an authorized user as defined in rule by the department. 2. "General supervision" means that a radiation therapy technologist is furnished with a written protocol for performing procedures under an authorized user's overall direction and control and that the authorized user is responsible for ensuring that the protocol for the procedure is followed but is not required to be present in the health care institution during the performance of the procedure. 3. "Radiation therapy technologist" has the same meaning prescribed in section 32-2801. 4. "Registrant" means a registrant as defined in rule by the department. 5. "Special procedure" means a type of therapy through which radiation is delivered to a patient through five or fewer fractions or with a dose per fraction greater than six Gy. 30-683. Intergovernmental agreements; inspections; training programs; mammography facilities A. The department, subject to the approval of the governor, may enter into agreements with the federal government, other states or interstate agencies to perform on a cooperative basis with the federal government, other states or interstate agencies inspections or other functions relating to control of sources of radiation. B. The department may institute training programs for the purpose of qualifying personnel to carry out this chapter and make such personnel available for participation in any program of the federal government, other states or interstate agencies in furtherance of the purposes of this chapter. C. The department shall annually inspect facilities that provide diagnostic or screening mammography examinations. 30-684. Conflicting ordinances by municipality or county Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or board of health relating to sources of radiation shall not be superseded by this chapter, provided, such ordinances or regulations are and continue to be consistent with the provisions of this chapter, amendments thereto and rules and regulations thereunder. 30-686. Appeal; hearing A person who is denied licensure or registration under article 2 of this chapter or who is denied an exception from licensure or registration under article 2 of this chapter may appeal the denial by making a written request for a hearing pursuant to title 41, chapter 6, article 10. The department shall give notice of such an action pursuant to tile 41, chapter 6, article 10, and the notice shall state the person's right to make a written request for a hearing. 30-687. Assessment; civil penality; enforcement; appeals; collection A. The director may assess a civil penalty against a person that violates this chapter or a rule adopted pursuant to this chapter in an amount not to exceed five thousand dollars for each violation. Each day a violation occurs constitutes a separate violation. The maximum amount of any assessment is twenty-five thousand dollars for any thirty-day period. B. The director may issue a notice of assessment that includes the proposed amount of the assessment. In determining the amount of a civil penalty assessed against a person under subsection A of this section, the department shall consider all of the following: 1. Repeated violations of statutes and rules. 2. Patterns of noncompliance. 3. Types of violations. 4. The severity of the violations. 5. The potential for and occurrences of actual harm. 6. Threats to health and safety. 7. The number of persons affected by the violations. 8. The number of violations. 9. The length of time the violations have been occurring. C. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10. If the assessment is appealed, the director may not take further action to enforce and collect the assessment until after the hearing. D. Actions to enforce the collection of civil penalties assessed pursuant to subsection A of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred. E. The department shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the state general fund. 30-688. Emergency action A. If the director finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in an order, the director may: 1. Order the summary suspension of a license pending proceedings for revocation or another action. These proceedings shall be promptly instituted and determined. 2. Order the impoundment of sources of radiation in the possession of any person that is not equipped to comply with or that fails to comply with this chapter or any rule adopted pursuant to this chapter. B. The director may apply to the superior court for an injunction to restrain a person from violating a provision of this chapter or a rule adopted pursuant to this chapter. The court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. The person may be served in any county of this state. The action shall be brought on behalf of the director by the attorney general or the county attorney of the county in which the violation is occurring. 30-689. Violation; classification A. Any person who violates any provision of this chapter or any rule, regulation or order placed in effect pursuant thereto by the commission is guilty of a class 2 misdemeanor. B. The provisions of subsection A shall not apply to any emergency regulation or order unless or until the person so violating such regulation or order has had actual knowledge of the regulation or order. 30-691. Definition; limitation A. In this article, "radioactive waste material" means any residue remaining after the processing of source material. B. Notwithstanding any other provisions of this article, no license shall be granted for disposing of any radioactive waste material that originated as waste from without this state. 30-692. Acquisition of lands, buildings and grounds A. Any site used for the concentration and storage or disposal of radioactive waste material shall represent a continuing and perpetual responsibility in the interests of the public health, safety and general welfare, and shall ultimately be reposed in the state without regard for the existence or nonexistence of any particular state agency, instrumentality, department, division or officer. B. Lands, buildings and grounds that are acquired pursuant to this section as sites for the concentrations and permanent storage or disposal of radioactive waste materials may be acquired in fee simple and dedicated in perpetuity to such purpose. All rights, title and interest in, of and to any radioactive waste materials accepted by the department for permanent storage or disposal at such facilities, on acceptance, shall become the property of the state and shall be administered, controlled, and disposed of, including transfer by sale, lease or loan or otherwise, by the department in the name of this state. C. The department may acquire by purchase, gift or condemnation under title 12, chapter 8, article 2 or 3 any lands, buildings or grounds where radioactive by-product materials and wastes produced by industrial, medical, agricultural, scientific or other organizations can be concentrated, stored or otherwise disposed of in a manner consistent with the public health and safety. D. The department may accept, receive, and receipt for monies or lands, buildings and grounds for and in behalf of this state, given by the federal government under any federal law to this state or by any other public or private agency, for the acquisition or operation of any site for the concentration and storage or disposal of radioactive wastes. Such funds received by the department pursuant to this section shall be deposited in the radiation regulatory and perpetual care fund. Such funds or properties shall be used only for the purposes for which they are contributed. E. The department may lease such properties as it may acquire under this section to a private firm or firms for the purpose of operating sites for the concentration and storage or disposal of radioactive wastes or for any other purpose not contrary to the public interests. F. The operation of any site acquired for the concentration and storage of radioactive wastes shall be under the direct supervision of the department and shall be in accordance with rules adopted and enforced by the department to protect the public health and safety. G. The department may enter into such contracts as it may deem necessary for carrying out this section. 30-693. Financial qualifications; exemptions; financial security; release A. Each licensee, as a condition of its license, shall: 1. Arrange for and pay all of the costs of management, control, stabilization and disposal of the licensed activity and tailings and for decommissioning the licensed activity. 2. On the termination of all licensed activities, convey to this state all right, title and interest held by the licensee to the lands, buildings and grounds designated as sites for the concentration and permanent storage or disposal of radioactive waste materials resulting from the licensed activity pursuant to section 30-672, together with requisite rights of ingress and egress, and all rights, title and interest in, of and to all radioactive waste materials situated on such properties or, at the election of the licensee, to otherwise make safe or dispose of any radioactive waste materials in its possession on the termination of all licensed activities in accordance with the rules of the department. B. Each applicant for a license or any renewal of a license shall demonstrate and the department, before issuing any license or renewal of a license, shall find that the applicant is financially qualified to conduct the licensed activity, including any required decommissioning and disposal of radioactive material. The licensee shall submit to the department current proof of its financial qualifications at such intervals as the department shall by rule or license require. C. Each licensee shall post financial security acceptable to the department to ensure performance by the licensee of its obligations under this article and to provide funds to this state if the licensee abandons, defaults or is otherwise unable to meet any requirements of this chapter or rules of the department. Such acceptable financial security may include one or more of the following: 1. A bond executed by a surety company or companies authorized to do business in this state that is not terminable during the term of the license. 2. A letter of credit issued by a financial institution authorized to do business in this state. 3. A cash bond. 4. The guarantee of a licensee whose financial qualifications meet the requirements of the department or who furnishes collateral satisfactory to the department in the form of a suitable guarantee by any person, if the person has financial qualifications that meet the requirements of the commission. D. The department shall determine the amount of the financial security in accordance with criteria established by rule, including: 1. Consideration of the need for and scope of any decommissioning or other activity reasonably required to protect the health and safety of the public. 2. Reasonable estimates of the costs of such decommissioning as provided in section 30-695, subsection B. 3. The net worth of the sum required for the perpetual maintenance and surveillance of any radioactive waste materials resulting from the licensed activity. E. The licensee shall pay all sums required to be paid under this section into the radiation regulatory and perpetual care fund. The department shall ensure that all amounts posted, paid or forfeited as financial security under this section are paid into the radiation regulatory and perpetual care fund. F. On the satisfaction by a licensee of all of its obligations under subsection A of this section, the department shall release the financial security furnished under this section. G. The department shall deposit all monies received by the department as a result of any forfeiture or enforcement of any financial security furnished pursuant to this section in the radiation regulatory and perpetual care fund. 30-694. Radiation regulatory and perpetual care fund; investment; purposes; exemption A. A special fund called the radiation regulatory and perpetual care fund is established in which the department shall deposit all sums and collateral received by it pursuant to sections 30-692, 30-693 and 30-695, which shall be held in trust for carrying out the purposes of this article. B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and all monies earned from investment shall be credited to the fund. C. All monies and collateral in the radiation regulatory and perpetual care fund are appropriated to and may be expended by the department as required for the decommissioning, stabilization, maintenance, surveillance, control, storage or disposal of radioactive materials acquired by the department for the protection of the public health and safety pursuant to section 30-692, for any activities deemed necessary under section 30-693 or for the decommissioning of any licensed activity or refunds pursuant to section 30-695. D. Monies and collateral in the fund shall not be used for normal operating expenses of the department and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 30-695. Deposits in radiation regulatory and perpetual care fund; reimbursements A. If there is a possibility that any licensed activity will result in radioactive waste materials that will require maintenance, surveillance or other care on a continuing or perpetual basis after termination of the licensed activity or will require decommissioning activity, the department may require the licensee of that activity to pay annually to the department, for deposit in the radiation regulatory and perpetual care fund, an amount equal to the sum of: 1. The net worth of the fund required to produce investment earnings sufficient to pay the cost of maintenance and surveillance of the lands, buildings, grounds and radioactive waste materials to be conveyed to the state pursuant to section 30-692, less the net worth of all payments previously made by the licensee to the department for such purposes, divided by the number of years the licensed activity is reasonably expected to continue. 2. With respect to a waste disposal activity, the cost of any decommissioning activity, estimated as of December 31 of the year preceding each annual payment, less the total of all payments previously made to the department by the licensee for the decommissioning activity, divided by the number of years the licensed activity is reasonably expected to continue. B. Any estimates of costs or activities required to be made pursuant to this section shall be subject to changes and review by the department according to the need, nature and cost of any decommissioning activity and the maintenance and surveillance of radioactive waste materials required for public health and safety. Any charges imposed for maintenance and perpetual care shall be established at the lowest level consistent with existing technology. Any change that results in any increase in such costs shall not be applied retroactively, but such changes may result in increases in subsequent annual payments. With respect to uranium milling or processing operations, total cumulative charges shall not exceed a maximum charge of five cents per ton of ore or material milled or processed. C. In computing the net worth of any fund or payments for the purpose of this section or section 30-693, the interest rate shall be equal to the average annual rate of investment earnings, including investment appreciation, of the state retirement system over the five years preceding any net worth determination and the term shall be the number of years the licensed activity is expected to continue after such a determination. D. When a licensee has satisfied all or part of its obligations under section 30-693, subsection A, the department shall promptly refund to the licensee from the radiation regulatory and perpetual care fund any excess of the amount of paragraph 1 of this subsection over the amount of paragraph 2 of this subsection: 1. The sum of subdivisions (a) and (b) of this paragraph: (a) All payments made by the licensee to the department pursuant to this article. (b) All investment earnings on such payments. 2. The amount then determined to be required for the continuing maintenance and surveillance of the lands, buildings and grounds and radioactive waste materials conveyed to the state pursuant to section 30-692. 30-696. License application; review requirements A. The department, with the assistance of appropriate state agencies, shall review the radioactive materials license application. The review shall document, at a minimum: 1. Alternatives considered for the siting of any uranium milling or mill tailings disposal facilities. 2. Alternative designs or schemes for mill tailings management and disposal. 3. An assessment of the radiological impacts of uranium milling operations and mill tailings management techniques. 4. An assessment of potential impacts on groundwater of uranium milling operations and mill tailings management techniques. B. Results of the review shall be published and made available to the public and requesting state agencies.