10 C.F.R. § 61.63
Financial assurances for institutional controls
(a) Prior to the issuance of the license, the applicant shall provide for Commission review and approval a copy of a binding arrangement, such as a lease, between the applicant and the disposal site owner that ensures that sufficient funds will be available to cover the costs of monitoring and any required maintenance during the institutional control period. The binding arrangement will be reviewed periodically by the Commission to ensure that changes in inflation, technology and disposal facility operations are reflected in the arrangements.
(b) Subsequent changes to the binding arrangement specified in paragraph (a) of this section relevant to institutional control shall be submitted to the Commission for approval.
Notes of Decisions
Cited in 1
case, 1995–1995 · leading case: Fort Mojave Indian Tribe v. California Dep't of Health Servs., 95 Cal. Daily Op. Serv. 7925 (Cal. Ct. App. 1995).
Fort Mojave Indian Tribe v. California Dep't of Health Servs., 95 Cal. Daily Op. Serv. 7925 (Cal. Ct. App. 1995). “( 10 C.F.R. § 61.63 (a) (1995).) To argue, as petitioners do, that US Ecology should instead have obtained these commitments from the federal government is to indulge a reading that petitioners assuredly would be challenging as fatally unrealistic had it actually been pursued.”
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