In accordance with N.J.A.C. 7:28-51.1, 7:28-58.1, and 7:28-60.1 [10 CFR 30.36(d), 40.42(d), and 70.38(d) incorporated by reference], within 60 days of any of the following, you must notify the DEP in writing, and request termination of the license:
- No principal activities* have been conducted for a period of 24 months; or
- When you decide to permanently cease principal activities at the entire site, or at any separate building or outdoor area; or
- The license has expired or been revoked.
*Note that principal activities means activities authorized by the license which are essential to achieving the purpose(s) for which the license was issued or amended. Storage during which no licensed material is accessed for use or disposal and activities incidental to decontamination or decommissioning are not principal activities.
Please also be aware that records of information important to the decommissioning of a facility shall be maintained until the site is released for unrestricted use. Please review the full description of these records in 10 CFR 30.35(g), 40.36(f), and 70.25(g).
Additional information on decommissioning timeliness and recordkeeping can be found in Part I of NUREG 1757, Vol. 3, Rev. 1. A flow chart from that document which assists with determining Timeliness Rule compliance is attached for reference.
Failure to comply with the Timeliness Rules may result in enforcement action being issued by the Department. If you have any questions, please reach out to Joseph.Power@dep.nj.gov.
Decommissioning Timelines Rule Diagram: https://content.govdelivery.com/attachments/NJDEP/2022/07/05/file_attachments/2201995/Decommissioning%20Timeliness%20Rule%20Diagram.pdf