TITLE 32: ENERGY CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY SUBCHAPTER b: RADIATION PROTECTION PART 332 LICENSING REQUIREMENTS FOR SOURCE MATERIAL MILLING FACILITIES Section 332.10 Purpose and Scope 332.20 Definitions 332.30 License Required 332.40 Application Content and Procedure 332.50 General Information 332.60 Technical Information 332.70 Technical Analyses 332.80 Institutional Information 332.90 Financial Information 332.100 Evaluation of License Application and Issuance of a License 332.110 General Conditions of Licenses 332.120 Application for Renewal or Closure 332.130 Contents of Application for Site Closure and Stabilization 332.140 Postclosure Observation and Maintenance 332.150 Termination of Source Material Milling Facility License 332.160 General Requirements 332.170 Protection of the General Population from Radiation 332.180 Protection of Individuals from Inadvertent Access 332.190 Protection of Individuals During Operations 332.200 Stability of the Byproduct Material Disposal Site After Closure 332.210 Technical Criteria for Byproduct Material Disposal Sites - Siting Criteria 332.220 Technical Criteria for Byproduct Material Disposal Sites - Design Criteria 332.230 Technical Criteria for Byproduct Material Disposal Sites - Groundwater Protection 332.240 Technical Criteria for Byproduct Material Disposal Sites - Control of Radiation Hazards 332.250 Technical Criteria - Source Material Milling Operations 332.260 Financial Surety Requirements 332.270 Long-Term Care Payment 332.280 Land Ownership 332.290 Maintenance of Records, Reports, and Transfers AUTHORITY: Implemented and authorized by the Radiation Protection Act (Ill. Rev. Stat. 1987, ch. 111«, pars. 211 et seq.). SOURCE: Adopted at 14 Ill. Reg. 1333, effective January 5, 1990. Section 332.10 Purpose and Scope a) The regulations in this Part establish procedures, criteria, and conditions upon which the Department of Nuclear Safety (Department) issues specific licenses for source material milling and disposal of the byproduct material. These procedures are intended to ensure the protection of people and the environment during and after source material milling. The regulations in this Part do not establish procedures and criteria for the issuance of licenses for materials covered under Title I of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901). The regulation by the State of byproduct material as defined in Section 11e(2) of the Atomic Energy Act, as amended, 42 U.S.C. 2014(e) is subject to the provisions of an agreement between the State and the U.S. Nuclear Regulatory Commission (NRC). In the absence of such agreement, the regulations in this Part shall not be enforceable against any source material milling facility. b) In addition to the requirements of this Part, unless specified otherwise, all licensees are subject to the requirements of 32 Ill. Adm. Code 310, 320, 330, 331, 340, 341, 400 and 601, and 35 Ill. Adm. Code 302.208, 302.304, 303.202, and 303.203. The regulations in this Part do not apply to disposal of licensed material as provided in 32 Ill. Adm. Code 601. c) This Part establishes procedural requirements and technical criteria applicable to any source material milling and to disposal of byproduct material as defined in this Part. It establishes specific technical and financial requirements for source material milling facilities including their construction, operation and decommissioning; decontamination; reclamation and ultimate stabilization; postclosure activities; license transfer and termination; and facility ownership and ultimate custody. Section 332.20 Definitions The following definitions are applicable for use in this Part only. "Act" means the Radiation Protection Act, Ill. Rev. Stat. 1987, ch. 111«, par. 211 et seq. "Active maintenance" means any activity, other than minor custodial activities, needed to preserve isolation of the byproduct material. Active maintenance includes ongoing activities such as the pumping, removal, or treatment of surface water or groundwater or one-time measures such as replacement of a disposal area cover. "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. Any saturated zone created by uranium or thorium recovery operations would not be considered an aquifer unless the zone is or potentially is: hydraulically interconnected to a natural aquifer, capable of discharge to surface water, or reasonably accessible because of migration beyond the vertical projection of the boundary of the land transferred for long-term government ownership and care in accordance with Section 332.280. AGENCY NOTE: The determination of "significant" will be based on site specific criteria such as yield of the aquifer in volume per unit time, its degree of use or potential for future use for domestic, industrial, or agricultural purposes, the availability of alternative sources, and capability of users to change to alternative sources in the event groundwater protection standards are exceeded. "Buffer zone" means the area surrounding the site used for disposal of either byproduct material, or material contaminated with uranium or thorium during or as a consequence of source material milling operations. Use of the buffer zone is limited to those activities that would not be detrimental to containment of the wastes, environmental monitoring, interception and processing of any surface or groundwater effluents. "Byproduct material" means, for purposes of this Part only, the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by such solution extraction operations do not constitute byproduct material within this definition. "Closure" means the activities following operations to decontaminate and decommission the buildings and site used to produce byproduct material, to reclaim the tailings area, to reclaim the waste disposal area, and to restore the groundwater to the degree necessary to achieve compliance with the groundwater protection requirements of subsection 332.230(a). "Closure plan" means the Department approved plan to accomplish closure. AGENCY NOTE: The Department will approve a closure plan if the plan describes how the licensee will decontaminate, reclaim, and stabilize the licensed site in accordance with the requirements of this Part. "Commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the natural environment of a site, but does not include changes desirable for the temporary use of land for public recreational uses, necessary borings to determine site characteristics, or other preconstruction monitoring to establish background information related to the suitability of a site or the protection of environmental values. "Compliance period" begins when the Department sets specific secondary groundwater protection standards in accordance with Section 332.230 and ends when the owner's or operator's license is terminated and the disposal site is transferred to the State or federal agency for long-term care. "Control boundary" means a physical barrier that separates a restricted area from an unrestricted area. "Decommissioning" means to remove (as a facility) safely from service and reduce residual radioactivity to a level that permits release of the property for unrestricted use and termination of the license. AGENCY NOTE: The byproduct material disposal site is not decom- missioned because it will neither be released for unrestricted use nor be unlicensed. Land ownership and custody will be maintained by the State or the federal government as required by Section 332.280. However, portions of the licensed site other than the actual byproduct material disposal area are decommissioned. "Dike" means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials. "Disposal area" means the area containing byproduct material to which the requirements of Sections 332.170(c) and 332.240 apply. AGENCY NOTE: The disposal area includes only the surface area of the land immediately underlain by byproduct material and does not include any embankments, dams, or other supporting structures which surround the byproduct material. "Disposal site" means the land transferred to the State or federal government under Section 332.280. This land includes the disposal area, any surrounding embankments, or dams that contain the byproduct material. "Existing portion" means that land surface area of an existing surface impoundment or disposal area on which significant quantities of byproduct material have been placed prior to September 30, 1983. "Fund" means the "The Radiation Protection Fund", Ill. Rev. Stat. 1987, ch. 111«, par. 218(c). "Groundwater" means water below the land surface in a zone of saturation. For purposes of this Part, groundwater is the water contained within an aquifer as defined in this Section. "Leachate" means any liquid, including any suspended or dissolved components in the liquid, that has percolated through or drained from the byproduct material. "Licensed site" means the area contained within the boundary of a location under the control of persons generating or storing byproduct material under a Department license. AGENCY NOTE: The licensed site would include, at a minimum, any actual or proposed disposal areas and sites, any additional land used by the licensee for the generation and storage of byproduct material, and any buffer zones. Normally, this latter land area and any buffer zones will be decommissioned and reclaimed, and not subject to land transfer under Section 332.280. "Liner" means a continuous layer of natural or man-made material, beneath or on the sides of a surface impoundment which restricts the downward or lateral escape of byproduct material, hazardous constituents, or leachate. "Long-term care" means the period following postclosure and termination of a license issued under this Part during which surveillance and monitoring activities are conducted by a State or federal Agency. "Minor custodial activities" means maintenance activities under State specific license, not necessary to preserve the isolation of the byproduct material. Such activities could include repair of fencing, repair or replacement of monitoring equipment, minor additions to or repair of disposal area cover, and general disposal site upkeep such as mowing grass. "Monitoring" means observing and making measurements to provide data to evaluate the performance and characteristics of a licensed or disposal site. "Point of compliance" means the site specific location in the uppermost aquifer where the groundwater protection standard must be met. "Postclosure" means the period of time from completion of the closure plan for decontamination, reclamation, and stabilization of the source material milling facility, byproduct material surface impoundment and disposal area, but prior to the termination of the license. "Reclamation" means the following activities performed at a licensed site as a part of closure: stabilize and isolate byproduct material contained within a disposal site. This may include relocation of the byproduct material; backfill with uncontaminated soil any disturbed areas to achieve a topography compatible with surrounding terrain; recontour land to support surface drainage; and revegetate as necessary. "Restricted area" means any area access to which is controlled by the licensee for purposes of protection of individuals from exposure to radiation and radioactive material. The restricted area shall not include any areas used for residential quarters, although a separate room or rooms in a residential building may be set apart as a restricted area. "Source material" means: uranium or thorium, or any combination thereof, in any physical or chemical form, or ores which contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination of uranium or thorium. Source material does not include special nuclear material. "Source material milling" means any operation in which uranium or thorium is extracted and concentrated from ore processed primarily for its source material content. This includes solution mining and heap leaching and any other operation which generates byproduct material as defined in this Part. "Special nuclear material" means: plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the U.S. Nuclear Regulatory Commission determines to be special nuclear material, or any material artificially enriched by any of the foregoing. "Surface impoundment" means a natural topographic depression, man- made excavation, or diked area, which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. "Surveillance" means monitoring and observation of the disposal site for the purposes of visual detection of the need for maintenance, custodial care, evidence of unauthorized access, and compliance with other license and regulatory requirements. "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary. Section 332.30 License Required a) No person shall operate a source material milling facility or byproduct material surface impoundment or disposal area, or receive, possess, dispose, or transfer source or byproduct material associated with such facilities, unless authorized by a license issued by the Department pursuant to this Part and 32 Ill. Adm. Code 330. b) Each person shall file an application with the Department pursuant to 32 Ill. Adm. Code 330.240 and obtain a license as provided in this Part before commencement of construction of a source material milling facility, or byproduct material surface impoundment or disposal area. Failure to comply with this requirement shall be grounds for denial of a license. c) Any person who, on the effective date of the Agreement between the State and NRC transferring regulatory authority to the State, possesses a license, issued by the NRC, to operate a source material milling facility or byproduct material surface impoundment or disposal area or to receive, possess, dispose of, or transfer source or byproduct material associated with such facilities, shall be deemed to possess a like license issued under this Part. Such license shall expire 90 days after receipt from the Department of a notice of expiration of such license or on the date of expiration specified in the NRC license, whichever is earlier. Section 332.40 Application Content and Procedure a) In addition to the requirements set forth in 32 Ill. Adm. Code 330.250, an application filed pursuant to this Part shall contain the required information as set forth in Sections 332.50 through 332.90. b) The Department will review the application for completeness within sixty (60) days after receipt of the application and will notify the applicant whether or not the application is acceptable for filing. This review of the application shall not constitute the Department's approval of the adequacy of the information and data contained in the application. c) The Department may at any time after the filing of the original application, and before the expiration of the license, require further statements or data to enable the Department to determine whether the application should be denied or whether a license should be granted, modified, or revoked. d) A license application may include a request for a licensee to engage in one or more activities, provided that the application specifies the additional activities for which licenses are requested and complies with regulations of the Department as to application for such licenses. e) In any application, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed by the applicant with the Department. Such reference shall identify the document being referenced by subject, date and page number. f) All materials considered to be proprietary in nature shall be separated, marked confidential and sealed in an envelope or package. These materials shall be referenced in the license application. g) Ten copies of an application for a specific license, or amendment thereto, shall be filed with the Department. h) Each application for a specific license, or amendment thereto, shall be accompanied by the fee prescribed in 32 Ill. Adm. Code 331.Appendix A. Section 332.50 General Information The general information shall include each of the following: a) Identity of the applicant, including: 1) The full name, address, telephone number, and description of the business or occupation of the applicant; 2) If the applicant is a partnership, the name and address of each partner and the principal location where the partnership does business; 3) If the applicant is a corporation or an unincorporated association, the state where it is incorporated or organized, the principal location where it does business, and the names and addresses of its directors and principal officers; and 4) If the applicant is acting as an agent or representative of another person in filing the application, all information required under this subsection shall be supplied with respect to the other person. b) Qualifications of the applicant: 1) The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise; 2) The technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. Minimum training and experience requirements for personnel filling positions described in response to the requirements of subsection (b)(1) shall be provided; 3) A description of the applicant's program for training personnel to execute job functions in a manner consistent with the requirements of this Part and 32 Ill. Adm. Code 310, 320, 330, 340, 341, and 400. 4) The plan to maintain trained personnel to carry out; A) Receipt, possession and transfer of source and byproduct material; B) Source material milling; C) Disposition of byproduct material; and D) Closure of the licensed site, surface impoundments, and disposal areas. c) A description of: 1) The location of the proposed source material milling facility, and byproduct material surface impoundments and disposal areas; 2) The general character of the proposed activities; 3) The types and quantities of ores, source material and byproduct material to be received, possessed, stored, transferred, or disposed of; 4) The proposed milling facilities, equipment, surface impoundment and disposal area conceptual design, and size of the licensed site through closure; and 5) The proposed schedules for construction, receipt of ores, the first processing of ores, expansion or increased capacity potential over and above the planned facilities, and the anticipated operational lifetime of the source material milling facility and surface impoundments. Section 332.60 Technical Information The application shall contain technical information demonstrating that the technical criteria of this Part will be met. Specifically, the application shall contain: a) A description of the characteristics of the proposed licensed site as determined by selection and characterization activities. The description shall include, but need not be limited to, the following: 1) Topography, geology, geochemistry, geotechnology, seismology, hydrology, climatology, meteorology, radioactivity, toxicology, ecology; 2) History, archaeology, and demography; 3) Local economy and land usage; 4) Known natural and mineral resources; 5) Proposed and available modes of transportation; and 6) A list of all endangered plant and animal species on the site and within 10 km. b) A description of the design features of the source material milling facility and byproduct material surface impoundment and disposal area. The description shall include the following: 1) Surface and groundwater management; 2) Effluent discharges and monitoring; 3) Licensed site access protection; 4) Occupational exposure control; 5) Licensed site monitoring, closure and maintenance; and 6) Buffer zone adequacy for monitoring and potential mitigative measures. c) A description of the design criteria and their relationship to the technical criteria. d) A description of the natural events or phenomena, such as winds and rainstorms, tornadoes, earthquakes and extreme temperatures, used for the design and their relationship to the design criteria. e) A description of codes and standards which the applicant has applied to the design and which will apply to construction of the source material milling facility, and any byproduct material surface impoundment and disposal area. f) A description of the construction and operation of any byproduct material surface impoundment and disposal area. The description shall include as a minimum: 1) Method of construction; 2) Method for emplacement of byproduct material within a surface impoundment or disposal area; 3) Procedures for and areas of waste segregation; 4) Types of access control barriers; 5) Engineering quality control program; 6) Construction quality assurance program; 7) Methods and areas of waste storage; 8) Onsite traffic and drainage systems; and 9) Methods to control surface water and groundwater and precipitation access to the byproduct material. g) A description of methods to be employed in the handling and disposal of the byproduct material including dewatering and neutralizing such materials that, because of physical or chemical properties, might affect meeting the technical criteria of this Part. h) A description of the licensed site closure plan, including those design features which are intended to facilitate closure and to eliminate the need for active maintenance. i) A description of the kind, amount, source, classification and specifications of the radioactive material proposed to be received, possessed, processed, and disposed of at the source material milling facility, any byproduct material surface impoundment, and any disposal area. j) A description of the quality assurance program for the determination of natural characteristics of the licensed site and for the maintenance of quality control during the design, construction, operation, reclamation, decontamination, stabilization, and closure of the licensed site. Audits and managerial controls including criteria and standards shall be incorporated in this program. k) A description of the radiation safety program for controlling and monitoring radioactive effluents to ensure compliance with the technical criteria in Section 332.170; occupational radiation exposure to ensure compliance with the requirements of 32 Ill. Adm. Code 340; and to control contamination of personnel, vehicles, equipment, buildings, and the site. Both routine operations and accidents shall be addressed. The program description shall include procedures, instrumentation, facilities, and equipment. l) A description of the environmental monitoring program designed to provide data to evaluate potential health and environmental impacts and the plan for taking corrective measures if migration is indicated. Components of an environmental monitoring program generally include: 1) the sampling of air, for particulate and gaseous emissions; 2) the sampling of surface water and groundwater; 3) the sampling of soil and sediment; 4) the sampling of vegetation and animals; 5) the sampling of total radon and its daughters; 6) the sampling of direct radiation with both passive integrating devices and survey instruments; and 7) other environmental analysis that might be indicated as a result of site specific conditions. m) A description of the proposed methods of decontamination, reclamation, stabilization and postclosure activities within the licensed site. n) A description of each emission source and emission control device incorporated into the source material milling operations. The description shall also include the efficiency, calibration procedures and maintenance schedules for emission control devices. o) A description of the licensee's procedure for monitoring all pathways of exposure (i.e., ingestion, inhalation, external exposures) to workers and the public. The frequency of monitoring for each pathway shall be site specific and designed to demonstrate compliance with the criteria of Section 332.170. p) A description of the administrative procedures that the applicant will apply to control activities at the source material milling facility and any byproduct material surface impoundment, and disposal area including, but not limited to, organization and lines of authority, management audit programs, and internal inspection programs. q) An estimate of the environmental effects of accidents on each operation. r) A description of regional and site specific characteristics which have seasonal or cyclical variations to include the range of variations in addition to the average values. The site specific preoperational monitoring data must be based on data collected during a one year (four consecutive seasons) period or longer. This data shall be collected prior to any alteration of the environment by changes in topography, drainage, or construction of the milling facility and waste disposal system. s) A report describing methodology, calibration procedures, quality control and data analysis for each type of measurement shall be included in the application. Section 332.70 Technical Analyses The technical information shall also include the following analyses needed to demonstrate that the technical criteria of this Part will be met: a) Analysis of radiological impacts, including all pathways of exposure (i.e., ingestion, inhalation, external exposures) of an individual continuously present at the control boundary, the public and those individuals working at the licensed site, in accordance with Section 332.170 and 32 Ill. Adm. Code 340.1010. The analysis of radiological impacts of the proposed project must include the construction, operation, decontamination, reclamation, stabilization and postclosure periods under both normal and low- frequency severe event conditions, e.g. floods, severe storms, earthquakes, tornadoes, extreme temperatures. In addition, the analysis shall include a description of assumptions and procedures used for determination of the source terms, concentrations, and dose-conversion factors. The impacts analysis shall also include the following: 1) A determination of the radiological impacts to an individual continuously present at the control boundary; 2) A determination of the health impacts to the public, based on existing population and projected population, for 100 years, within a distance of 80 km; 3) A determination of the health impacts to the public, based on existing population and projected population, for 100 years, within a distance to 5 km; 4) Radiological analyses for a period up to 100 years after the anticipated closure; 5) The radiological impacts on groundwater, estimated for a period of 1,000 years after the beginning of the operation; and 6) Identification and differentiation of the roles performed by the natural site characteristics and design features in isolating the byproduct material from the environment. The analysis shall include assessments that show the exposures to humans from the release of radioactivity will not exceed the limits set forth in Section 332.170. b) Analyses of the protection of individuals during operations shall include assessments for expected exposures due to routine operations and accidents during operation, storage, transfer, transport, and disposal of ores, products, byproducts, and byproduct material as defined in this Part. The analyses shall include assessments that show that exposures will be controlled to meet the requirements of 32 Ill. Adm. Code 340.1010 for individuals in the restricted area, and the requirements of Section 332.170 for individuals outside the control boundary. c) Evaluation of the long-term stability of the byproduct material disposal site and the need for active maintenance after closure of the source material milling facility and any byproduct material surface impoundment or disposal area shall be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of byproduct material and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses shall include assessments that show that, after closure, the disposal site will not require active maintenance. d) Analysis of the protection of the disposal site from inadvertent access shall include demonstration that the site closure requirements of Section 332.180 will be met. Section 332.80 Institutional Information Where the proposed disposal site is on land not owned by the federal or State government, the applicant shall submit evidence that arrangements have been made for transfer of ownership in fee to the federal or State government. Such arrangements shall provide that the governmental agency assuming custody of the byproduct material and its disposal site also assume responsibility for long-term care after termination of the license issued by the Department. Section 332.90 Financial Information The financial information shall be sufficient to determine that the financial qualifications of the applicant are adequate to comply with financial surety regulations set forth at Section 332.260. Section 332.100 Evaluation of License Application and Issuance of a License a) Environmental Analysis 1) Each application for a license or license amendment must be reviewed and the license or amendment must be issued by the Department before commencement of any major construction activity. As part of its review of such applications, the Department shall prepare a written analysis of the impact of the license including any activities conducted pursuant thereto. The analysis shall include the following: A) An assessment of the radiological and nonradiological impacts to the public health from the activities to be conducted pursuant to the license or amendment; B) An assessment of any impact on any waterway and groundwater resulting from the activities conducted pursuant to the license or amendment; C) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted pursuant to the license or amendment; and D) Consideration of the long-term impacts including decommissioning, decontamination and reclamation impacts, associated with activities to be conducted pursuant to the license or amendment. 2) Commencement of construction prior to issuance of the license or amendment shall be grounds for denial of the license or amendment; and 3) The environmental analysis prepared in accordance with subsection (a)(1) shall be available to the public before the commencement of hearings regarding the merits of the application. b) Public participation 1) Written comments A) Upon completing preparation of the analysis pursuant to subsection (a), the Department shall publish a notice of the availability of the environmental analysis in the official State newspaper and in a newspaper published in the county or counties where the facility which is the subject of licensing action is to be located. This notice shall specify how a copy of the environmental analysis can be obtained as well as the deadline and address for submitting written comments on the license application. B) The Department shall accept written comments on the license application and the environmental analysis for at least 45 days following the publication of the notice described in subsection (b)(1)(A). 2) Hearings A) At least 30 days prior to the issuance or renewal of a license pursuant to this Part, the Department shall publish a Notice of Opportunity to request a hearing in the official State newspaper and in a newspaper published in the county or counties where the facility that is the subject of the license application is located. This notice shall contain: i) a statement identifying the location of the facility, ii) a statement of the availability of the environmental analysis, iii) a statement of the right to request a hearing, iv) the date by which a request for a hearing is to be submitted to the Department, such date shall be no less than 20 days from the date of the publication of the notice, and v) a statement of the actions that will be taken by the Department in the event that a hearing is not requested. B) Any person who would be adversely affected by the issuance of the license may request a hearing. The request must be in writing and must contain a brief statement of the basis upon which the issuance of the license is being challenged. If the request is not submitted by the date specified in accordance with subsection (b)(2)(A), or if the request is submitted but later withdrawn, the Department shall issue the license in accordance with subsection (c). C) If any hearing is requested in accordance with subsection (b)(2)(B), the parties to the hearing shall be the Department and the Respondent. The provisions of 32 Ill. Adm. Code 200.20, 200.40, 200.50, 200.80 through 200.140 and 200.160 through 200.230 shall be applicable to the hearing. c) Upon a determination that an application meets all criteria of this Part, the Department shall issue a specific license authorizing the construction of the source material milling facility and any byproduct material surface impoundment and disposal area. Upon completion of the construction in accordance with the license specifications, the Department shall authorize operations at the licensed site after verification of compliance with the license specifications. d) The Department may incorporate in any license at the time of issuance, or thereafter by appropriate rule or order, additional requirements and conditions in order to: 1) Ensure compliance with the requirements of this Part; 2) Reduce potential hazard to public safety during operation; 3) Protect the environment; or 4) Prevent loss or theft of materials subject to this Part. e) The Department may require reports, examine records and inspect activities under the license as necessary to demonstrate compliance with the requirements of this Part. f) Throughout the construction and operating phases of the source material milling facility, a monitoring program shall be conducted by the licensee in order to: 1) Demonstrate compliance with the standards of this Part and 32 Ill. Adm. Code 310, 340, and 400; 2) Evaluate the performance of control systems and procedures; 3) Evaluate environmental impacts of operation; and 4) Detect potential long-term adverse effects. g) The source material milling facility shall be designed and operated so that effluents and emissions are less than the exposure and concentration limits specified in 32 Ill. Adm. Code 340.Appendix A and in Section 332.170. The licensee shall limit emissions and exposures by using emission control devices. If the licensee cannot meet the requirements using emission control devices, then institutional controls, such as extended licensed site boundaries and buffer zones, may be used to ensure that limits of exposure and concentrations at the boundary of the restricted area will be met. The licensee shall submit to the Department proposed operation procedures and shutdown procedures as evidence that the requirements specified in 32 Ill. Adm. Code 340 will be met. Section 332.110 General Conditions of Licenses a) The licensee shall be subject to the provisions of the Act and to all rules, regulations, and orders of the Department. The terms and conditions of the license are subject to amendment, revision, or modification, by reason of amendments to, or by reason of regulations and orders issued in accordance with the terms of the Act. b) Each person licensed by the Department pursuant to the regulations of this Part shall confine possession and use of materials to the locations and purposes authorized in the license. c) The licensee shall not process any ore or place any byproduct material in any surface impoundment or disposal area until the Department has inspected it and, based on the results of the inspection, has determined that it conforms to the description, design, and construction described in the application for the license. d) No license issued under this Part, or any right thereunder, may be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Department finds, after securing information, that the transfer is in accordance with the provisions of the Act and gives its consent in writing in the form of a license amendment. e) The authority to receive and process ores and to place byproduct material within any surface impoundment and disposal area expires on the date stated in the license. Any expiration date on a license applies only to the receipt and processing of ores and the emplacement of byproduct material. Failure to renew the license shall not relieve the licensee of responsibility for implementing reclamation, decontamination, stabilization and closure, postclosure observation and maintenance, and transfer of the license to the ultimate governmental owner. f) The license will terminate only on the full implementation of the final closure plan as approved by the Department, including postclosure observation and maintenance, and meeting the requirements of Section 332.140. g) Notification of Bankruptcy: 1) The licensee shall notify the Department, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of 11 U.S.C. 101 et seq. (Bankruptcy) of the United States Code by or against; A) The licensee; B) An entity (as that term is defined in 11 U.S.C. 101(14)) controlling the licensee or listing the license or licensee as property of the estate; or C) An affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee. 2) This notification must indicate: A) The bankruptcy court in which the petition for bankruptcy was filed; and B) the date of the filing of the petition. h) The lice